RECORD AND RETURN TO LandAmerica RE onwealth Title of Dallas 2100 McKinney Ave., Suite 4515 Dallas, Texas 75201 GFE: “2ZuUDos 169= fey DECLARATION OF COVENANTS, CONDITIONS AND RIC FOR THE VILLAGES OF C TABLE OF CONTENTS יין ARTICLE 1 ESTABLISHMENT.
.4 Section 1.1 Establishment of Covenants, Conditions and Restrictions 4 Section 1.2 Definitions..
.4 ARTICLE 2 USE PROVISIONS .7 Section 2.1 Permitted Uses.
Section 2.2 Prohibited Uses and Activities.
ARTICLE 3 CONSTRUCTION PROVISIONS Section 3.1 Plan Approval Required.
Section 3.2 Establishment of the ACC.
Section 3.3 Approval Process.
Section 3.4 Specific Construction Provisions.
Section 3.5 Height Restrictions...
Section 3.6 Roof Restrictions Section 3.7 Construction Period and Process Section 3.8 Declarant Rights..
ARTICLE 4 MAINTENANCE PROVISIONS..
Section 4.1 Owner's Obligation to Maintain.
Section 4.2 Damaged Improvements...
ial Copy .7 10 11 12 15 15 12 16 16 16 17 Section 4.3 Declarant/A rant/Association Right to Perform.
17 Section 4.4 Easement Maintenance 17 ARTICLE 5 OWNERS' ASSOCIATION 17 Section 5.1 Establishment.
17 Section 5.2 Voting Power 18 Section 5.3 Officers 19 Section 5.4 Dissolution 19 ARTICLE 6 ASSESSMENTS.
19 Section 6.1 Power to Establish Assessments .19 Section 6.2 Commencement of Assessments..
.20 Section 6.3 Regular Annual Maintenance Assessments.
20 Section 6.4 Special Assessments .20 Section 6.5 Liability for and Enforcement of Assessments.
.21 ARTICLE 7 COMMON AREA Section 7.1 Right to Use Common Area..
.23 .23 i !
ARTICLE 9 MISCELLANEOUS PROVISIONS Section 9.1 Section 9.2 Section 9.3 Section 9.4 Section 9.5 Section 9.6 Section 9.7 Section 9.8 Section 9.9 Scetion:7.2 Specific Facilities scccsceccsesseageyxpovsesvevaroccsovesssssnsnsseexennnnnannroynamenssonsneanen teats 23
tion 9.3 Section 9.4 Section 9.5 Section 9.6 Section 9.7 Section 9.8 Section 9.9 Scetion:7.2 Specific Facilities scccsceccsesseageyxpovsesvevaroccsovesssssnsnsseexennnnnannroynamenssonsneanen teats 23 Section 7.3. Maintenance of Common Area ........cccccesscerecssessessscnesetsccsccsenaesennesneeneconens 23 Section 7.4 Risk of Loss - Use of Common Area......cccccsscsssserereceeereecssnnnesornnessnnensenenes 23 Section 7.5 Conveyance of Common Area to ASSOCIatION.......s:csseseseesereneeeereneereneees 24 ARTICLE 8 SPECIFIC DECLARANT RIGHTS.,Q.....ccssssssseseseersseestsneeeceerenserenessosesreneeseerenanes 24 Section 8.1 Rights to AMMeX oo... ecssseeccssesesesnscserseneeeensseentecaersetenensaaeannacnrenseseensseaes Section 8.2 No Duty to Annex... cccssseesenesereneenseneseceneeeeessssennansennresseesead Section 8.3. Effect of Annexation on Class B Membership .........seseceeeee Section 8.4 Specific Declarant Rights to Amend Declaration Section 8.5 Easement/Access Right... -ccssessssesesrrseerenesesstnererendQors Section 8.6 Assignment of Declarant Rights ............ cessation ng ee Section 8.7 Declarant's Right to Install Improvements in Setb Section 8.8 Replatting or Modification of Plat ........ 4. perrmlese Nesecteregpbossscenerneerseneenans Section 8.9 Limitation of Declarant's Liability.......)..4.....+ Section 8.10 Termination of Declarant's Responsibiltt Term and Renewal uu... ed Enforcement........004: General Easement for egal Description of the Property Exhibit B — Description and/or Depiction of the Wall Area Exhibit C - Common Walls, Repairs and Easements ACC Assessment Lien Assessments Association.
Board.
Builder.
City.
Common Area Design Guidelines.
HUD Lot Managing Agent..
Owner.
Person.
Phase Plat Residence Street Special Assessments Structure..
ts ACC Assessment Lien Assessments Association.
Board.
Builder.
City.
Common Area Design Guidelines.
HUD Lot Managing Agent..
Owner.
Person.
Phase Plat Residence Street Special Assessments Structure..
Recreational Facilities.
VA......
Vehicle LIST OF DEFINED TERMS Unofficial Copy iii !
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ANYWHERE STATE OF TEXAS § § KNOW BY ALL THESE PRESENT: COUNTY OF TARRANT § This Declaration (herein so called) is executed effective as of April 21, 2006, by SOUTH CHISHOLM RIDGE, LTD., a Texas limited partnership (the Declarant").
RECITALS: A. Declarant is the owner of the real property in Tarrant County, £ Exhibit A attached hereto (the "Property"). The Declara property as an addition to the City of Fort Worth to be k illages of Chisholm Ridge".
B. The Declarant desires to establish a residentig ty of attached duplexes, and or single-family residences on the Property ang brdingly, have executed this Declaration to impose the cove conditie éstrictions, and easements herein described upon the Property.
Section 1.1 Establishment e Conditions and_ Restrictions. The Declarant hereby imposes upon/fhe he“Covenants, conditions, restrictions, liens and easements set forth in this Dé i ovenants") for the purposes of establishing a general scheme for developtye perty, enhancing the value of the Lots and Residences and the Owners (defined &¢ . Declarant does not guarantee that all of these purposes creation and imposition of the Covenants. The Covenants oH Pr&perty, run with the land and shall be binding upon all persons 1) touch and concern ti hereafter acquiring arto shall mean Architectural Control Committee.
"Assessments" means the Maintenance Assessments and Special Assessments provided for in Article 6.
persons 1) touch and concern ti hereafter acquiring arto shall mean Architectural Control Committee.
"Assessments" means the Maintenance Assessments and Special Assessments provided for in Article 6.
"Association" means the Villages of Chisholm Ridge Homeowners Association, Inc., a Texas non-profit corporation, or such other homeowners’ association name selected and available at the time of formation and established as provided in this Declaration.
4 Last Revised: 04/21/06 "Board" means the Board of Directors of the Association.
"Builder" means any homebuilder constructing the initial Residence upon a Lot in the normal course of conducting its business for profit.
"City" means the City of Fort Worth, Texas.
"Common Area" means those portions of the Property as depicted or described in or on Community Center Property (defined below) (unless and until a tract of the Property shall be deemed a "Lot" pursuant to the terms of this Declaratia tract shall no longer constitute a portion of the Common Area), any regfes recreational areas. The Common Area also includes: (i) any aredS W the City, the Association, or any other governmental en maintained by the Association; (ii) any landscape, wall maintenance easements reflected on the Plat, required by recorded by separate instrument; and (iii) those areas, if any, which are ovine met, but on which are located monuments, signs, fences, landscaping, berms, walks, irrigation systems or other improvements that may be maintained by the Cit 3 also include all improvements on or to any, sentence, including, without limitation, th "Wall Area") generally described and/or depi herein by reference. The Decla ant 9 obligation whatsoever, to ny
3 also include all improvements on or to any, sentence, including, without limitation, th "Wall Area") generally described and/or depi herein by reference. The Decla ant 9 obligation whatsoever, to ny Exhibit B attached hereto and incorporated es have and retain the right, but without ins or reconfigurations of the Common Area 2€n space declarations applicable to such Common Area which may be pe D reduce property taxes, and to take whatever steps as may be appropriate to la and/or income taxes.
"HUD" means the U.S. Department of Housing and Urban Development.
"Lot" means any of the individual platted building lots reflected, or to be reflected, on the Plat that are to be used for construction of a Residence (defined below) thereon as herein described. In the event that the Association dissolves and the Community Center Property and/or other Common Area is conveyed to the Declarant or another third party, then such conveyed property shall be included in the definition of a "Lot".
5 Last Revised: 04/21/06 "Managing Agent" means any Person who has been engaged and designated by the Board to manage the daily affairs and operations of the Association.
"Owner" means any Person owning fee title to any Lot, but excluding any mortgagee or beneficiary under a deed of trust until such time as it acquires legal title to a Lot.
"Person" means any individual, corporation, limited liability company, partnership or other entity of any kind or type whatsoever.
Phase, and the Declarant may impose, as provided in Section 3.3(d), addi O restrictions on such area.
plat, for any Phase Records of Tarrant County, Texas; and, (iii) any repla efit to, the foregoing made
e, and the Declarant may impose, as provided in Section 3.3(d), addi O restrictions on such area.
plat, for any Phase Records of Tarrant County, Texas; and, (iii) any repla efit to, the foregoing made by the Declarant in accordance with this Declaration. ' shall also include the final recorded plat of any additional property annexed in Rroperty pursuant to Section 8.1.
"Residence" means (a) one of the esidential attached duplex Units (as defined below) constructed upon any Lot, or family detached residence constructed ation may install or construct on the Community Areaygr any portion thereof.
. but not alleys, which is located within a right-of-way and a Residence is constructed.
ans_afiy structure (other than a Residence), fence, driveway, sidewalk, jrrigation system, wall, tennis court, swimming pool, outbuilding, eans one of the enclosed residential spaces that consist of one or more rooms e“ggrage constructed on a Lot and that has a direct exit to a thoroughfare as shown on which the Unit is located; provided, however, and the wall located on boundary line of two (2) Lots which is shared by two (2) attached Units will be also referred to and is further described in Section 3.4(i) hereof as a Party Wall.
"VA" means the U.S. Department of Veterans Affairs.
6 Lasi Revised; 04/21/06 "Vehicle" means any vehicle of any kind or type whatsoever, including any automobile, truck, motorcycle, boat, mobile home, motor home, boat trailer, or other kind of trailer.
ARTICLE 2 USE PROVISIONS Section 2.1 Permitted Uses.
(a) Lots Limited to Residential Use. Except as otherwise provided/y this
le, boat, mobile home, motor home, boat trailer, or other kind of trailer.
ARTICLE 2 USE PROVISIONS Section 2.1 Permitted Uses.
(a) Lots Limited to Residential Use. Except as otherwise provided/y this Declaration, Lots shall be used only for single family, private residential p e activities reasonably related thereto. Additional uses for purposes such ‘a churches, or similar activities may not be permitted within the Property, y written approval from the Association and the Declarant.
(c) Property one or more signs, sales of sales of Residences on the Prop ots for the purpose of facilitating drant or the ACC, may by written LA (a) bus boNs uh division. No Lot may be further subdivided without the Whprising the Common Area in the event that such tract ceases sgociation. Lots may be combined for the purpose of constructing a a-wfore than one Lot only upon written approval of the Declarant or the sudregard to any such permitted subdivision or combination, the Lots hall Continue to be treated as single individual Lots hereunder for all other luding voting in the Association and assessing and collecting Assessments.
= ) Parking and Vehicle Restrictions. On-Street parking shall be limited to temporary parking of guests or invitees of Owners during parties, delivery of services, and similar limited (no more than twelve (12) hours) time periods. Trucks with tonnage in excess of one ton and Vehicles with signage or advertising displays shall not be permitted to park overnight on the Streets, driveways, or other areas within the Property.
No inoperative or unlicensed Vehicles may be parked or stored, other than in an enclosed garage, within the Property. All work on Vehicles (other than routine maintenance) shall
s within the Property.
No inoperative or unlicensed Vehicles may be parked or stored, other than in an enclosed garage, within the Property. All work on Vehicles (other than routine maintenance) shall be performed only in an enclosed garage. The foregoing provisions shall not restrict the 7 Last Revised: 04/21/06 parking of trucks and other Vehicles as necessary in connection with construction of Residences or other permitted Structures on Lots.
(c) Specific Use Restrictions. No Lot or improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted on the Property which is not related to single-family residential purposes. No noxious or offensive activity (as determined by the ACC) shall be undertaken on the Property, and nothing shall be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subpatai shall prohibit a Builder's temporary use of a Residence as a sales office enjoyment of their Residences and yards.
dpets such as cats érsonal use and not for No other animals shall (d) Pet and Animal Restrictions. Only ¢ and dogs shall be permitted on the Property and then any business use such as breeding, kennel operations a bees, hogs, sheep, goats, poultry, or skunks. more than four (4) domesticated erice s shall be kept within the fencedin area of an Owner's Lot and shall ep be pd Ba 7 (e) Outdoor Burning fined, sanitary containers for regular scheduled pickup rash, garbage or other waste shall not be dumped on the ommon Area.
encedin area of an Owner's Lot and shall ep be pd Ba 7 (e) Outdoor Burning fined, sanitary containers for regular scheduled pickup rash, garbage or other waste shall not be dumped on the ommon Area.
. Each Lot shall be improved with a Residence. No Person afage or other outbuilding as a dwelling unit at any time. No Structure character, such as a trailer, basement, tent, shack, barn or other owever, that any Builder may maintain and occupy model houses, sales and construction trailers during construction periods.
(h) Projections from Structures. Window air conditioning units attached to a Residence and other similar projections visible from a Street are prohibited. Any projection through the roof of any outbuilding on the Property shall require the prior written approval of the Declarant or the ACC.
(i) Private Water/Sewer Systems. Each Residence shall be connected to the City water and sanitary sewer system, and no private water well or water, sanitary or 8 Last Revised: 04/21/06 storm sewer system is permitted within the Property unless constructed or caused to be constructed by the Declarant on the Declarant's Property. If the Declarant uses private drainage easements in areas that necessitate or contain a private sub-surface storm sewer drainage system, then such sewer lines are to be kept freely running and unobstructed at all times. If the lines become obstructed, all parties that benefit from their function shall be required to equally and promptly share in the cost of repair or replacement of the lines.
(j) Changes in Grade. Except for such changes as are reasonably negessary to facilitate construction of a Residence on a Lot, no Owner shall change the grade &f any
repair or replacement of the lines.
(j) Changes in Grade. Except for such changes as are reasonably negessary to facilitate construction of a Residence on a Lot, no Owner shall change the grade &f any Lot except in compliance with all applicable laws and the requirements ofthe plan. After the Declarant has developed the Lots on its portion of the herein, the drainage plan of a Lot shall not be altere with the Lot Grading Plan, unless such alteration is fi (k) Visible Activities - Outdoors When not in use, lawn mowers, rakes, cart away from view of adjoining Lots and Streets.
ary dwelling, shop, trailer, mobile d or any improvement of a temporary d playhouses, treehouses, dog houses, age of lawn maintenance equipment which es which are not visible from any Street unless (ridne othe ACC) shall be permitted on any Lot, except that a have t4mporary improvements (such as a sales office, parking er)’on a Lot during construction of the Residence on that any kind or character shall be placed or stored upon a Lot ready to commence construction of improvements, and then ays placed only within the property lines of the Lot upon which the be erected during construction so long as construction progresses () Structures and Storage.
home or above-ground swimming character (except children's wadin SLO may be placed on a otherwise approved i ACC, the Board, no storage buildings shall be constructed on any Lot. In e construction of any storage building is so approved, such storage building ¥on the Lot and each storage building shall not be visible from any Street and be ise screened from view from adjacent Lots and Common Areas.
(m) Recreational Vehicles. No boat, trailer, marine craft, hovercraft, aircraft,
torage building shall not be visible from any Street and be ise screened from view from adjacent Lots and Common Areas.
(m) Recreational Vehicles. No boat, trailer, marine craft, hovercraft, aircraft, recreational vehicle, travel trailer, motor home, camper body or similar vehicle or equipment may be stored, parked or kept on any driveway, in the front yard or in the Street in front of a Lot for more than 48 hours nor more frequently than two times per month, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any Residence. No such vehicle or equipment shall be used as a residence or 9 Last Revised: 04/21/06 office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a Residence in the immediate vicinity.
(n) Transportation of Hazardous Materials. No vehicle of any size which transports inflammatory or explosive cargo may be kept on the Property at any time.
(0) Drilling or Mining. No oil drilling, oil development operation, oil refining, quarrying or mining eae of any kind shall be permitted on tei sifrface of (p) Prefabricated Structures. Except for childreng dog houses, greenhouses, gazebos and buildings fp equipment placed at locations on a Lot that are not only new construction be placed and erected thereon.
sentence, and except with respect to tempo improvements (such as a sales office or construction trailer) located on a Lot by a Buil contractor during construction of the Residence on that Lot, all structures 2 approval of the ACC prior to placement on any Lot.
The be“appointed by the Declarant.
trailer) located on a Lot by a Buil contractor during construction of the Residence on that Lot, all structures 2 approval of the ACC prior to placement on any Lot.
The be“appointed by the Declarant.
erm and Subsequent Appointments. The members of the ACC shall ey resign or are removed by the party appointing them to the ACC (which AdeAy the Declarant until such time as the Declarant either relinquishes such power by Written notice to the Board, or no longer owns any Lot; thereafter appointments to and removals from an ACC shall be made by the Board. Both ACC and Declarant, individually or jointly, may engage the services of a third party to review plans and specifications pursuant to this Article, (c) Compensation; Fee for Review. No member of an ACC shall be entitled to compensation for its services.
10 Last Revised: 04/21/06 Section 3.3. Approval Process.
(a) Submission of Plans. Any party wishing to construct a Residence or any Structure on the Property shall submit two (2) copies of complete plans and specifications to the ACC for its approval prior to commencing construction. Such plans and specifications shall include engineering information, landscaping description, and construction plans showing the location and elevations of the proposed Residence or Structure and the materials to be used in constructing the same, all in sufficient detail to enable the ACC to evaluate the proposed Structure or Residence. The ACC mat additional information, including samples of proposed materials to aid it i process. After receipt of a complete set of plans and specifications, th promptly review the same and notify the Person submitting whether it gppre Wf approve or disapprove all
d materials to aid it i process. After receipt of a complete set of plans and specifications, th promptly review the same and notify the Person submitting whether it gppre Wf approve or disapprove all (30) days after the date it plans properly submitted to it for construct within thir receives a complete set of plans and specthy Nons therefore. If an ACC fails to specifically approve or disapprove of Min such thirty (30) day period, then the ACC shall be deemed to have @Ppro gs’submitted.
construction of Structures or acs, Shall use commercially reasonable efforts to promote and ensure g taste, design quality, aesthetic harmony, and conformity throughowit Ghé onsistent with the standards established by this (d) but is not re¢ture OX fpom time to time, establish ‘Specie guidelines and building standards to én the Property. Pursuant to Section 8.1, the Declarant may annex Ty to become a part of the Property, and Declarant may develop its Property in various Phases. The Declarant may establish differing guidelines and building standards for each such Phase of the Property, which pose more restrictive or less onerous building standards with respect to a ar Phase. The ACC or the Declarant may amend or modify such guidelines or standards from time to time in its sole discretion. Such guidelines or standards shall supplement this Declaration and be general guides to permitted construction within the Declarant's Property, but shall not diminish the authority of the ACC and the Declarant to approve plans as otherwise herein provided.
(e) Failure to Obtain Approval. The construction, repair, replacement, installation, or placement of any Structure or improvement of any type on a Lot without
prove plans as otherwise herein provided.
(e) Failure to Obtain Approval. The construction, repair, replacement, installation, or placement of any Structure or improvement of any type on a Lot without the prior written approval from the ACC shall constitute grounds for the imposition by 11 Last Revised: 04/21/06 the ACC or the Association of an automatic fine against the Owner of said Lot not to exceed Five Hundred and No/100 Dollars ($500.00). A fine levied under this Section shall be charged to the Owner's assessment account, payable upon demand and secured by the lien created in Article 6.
(f) Limitation of Liability. Neither the Declarant, its officers, directors, partners, agents, employees, representatives, parent or subsidiaries, nor the Association, the Board, or the ACC, including any of its respective members, shall be liable to any Person for any official act of an ACC in connection with submitted pl4ns specifications. Notwithstanding any approval by the Declarant or the ACCsneith Declarant nor an ACC shall be responsible or liable to any Person with re loss, liability, claim or expense which may arise by reason of suc construction of a Residence or Structure related thereto. Neither Association, the Board nor an ACC shall be responsible in any way fore plans or specifications submitted, reviewed or approved { ance with the efécts/if any work done Declarant shall be construed to mean that the plan th any applicable law, building code, or governmental regulation, j enr submitting any plans to assure compliance a all applicable laws. Conversely, the issuance of a building permit or any approval_ffem‘any governmental authority shall not, construction of a Residence or a
bmitting any plans to assure compliance a all applicable laws. Conversely, the issuance of a building permit or any approval_ffem‘any governmental authority shall not, construction of a Residence or a Structure complies with the termsand ¢opdipte Ontained in this Declaration or the Design Guidelines. Neither Declaran bers of an ACC shall have liability for decisions made by them regardi fi or disapproval of plans, so long as the iscriminatory, arbitrary, or capricious.
(c) Garage Requirements. Each Residence shall have at least a two car attached or detached garage constructed as a part thereof.
(da) Drive/Walkway Requirements. All driveways and sidewalks shail conform to applicable City and other governmental specifications and regulations.
12 Last Revised: 04/21/06 (e) Ancillary Structure Provisions. All ancillary Structures (as described below) shall conform to the requirements of this Section: (1) = Antennae/Satellite Dishes. The erection, construction, placement or installation of any television, radio, or other electronic tower, serial, antenna, satellite dish or device of any type for the reception or transmission of radio or television broadcasts or for any means of communication upon a Lot or upon any improvement thereon is prohibited except as provided for herein. This prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1,080 S, Section 1.4000 (or any successor provision) promulgated purgtant oy the Telecommunications Act of 1996, as amended from time to tims Oy or the Declarant shall be empowered to adopt rules governing the Synhe that are permissible hereunder and establishing reasonable, atory Ace OD All
cations Act of 1996, as amended from time to tims Oy or the Declarant shall be empowered to adopt rules governing the Synhe that are permissible hereunder and establishing reasonable, atory Ace OD All television antennas and other antennas and aerials shall p foe of the residence constructed on the Lot. e lio\towg (whether for reception or transmission) are gpq ibited.
television, radio or other antenna of any maintained upon any Lot, Residence, ure “withotit prior written approval No exterior (2) Fences and Walls walls described in Section He) 7 shall be located in an area provisions therefore contai or wall may be obstructs drainags ésion Guidelines, if applicable. No fence ed, rebuilt, or relocated if it impedes or construction, pl t of fences or walls on any Lot.
(3) Ndi Outbuildings must be approved by the applicable ACC con th $éction 2.2(1) herein Trash Containers. All trash containers belonging to a specific @) be screened from view from Streets.
) Hedges. Hedges shall be maintained at a height that is in rmity with the height of fences and walls. No hedge shall be maintained in manner that obstructs any sidewalk or the visibility of intersections of Streets d/or alleys.
(6) Servant's Quarters. Intentionally omitted.
(7) Retaining Walls. Retaining walls other than those constructed by Declarant on its portion of the Property require prior written approval by the ACC to ensure conformity with the requirements contained in the Design Guidelines with respect to location, construction, and materials. Except for those built by Declarant or its affiliates on the Declarant's Property, any retaining walls which 13 Last Revised: 04/21/06
e built by Declarant or its affiliates on the Declarant's Property, any retaining walls which 13 Last Revised: 04/21/06 generally face an alley or are either between Residences or along or adjacent to the side or rear property lines of Lots shall be constructed of C.C.A. treated lumber or stone materials unless the applicable ACC has otherwise provided prior written approval. Except for those built by Declarant or its affiliates, any retaining walls which generally face a Street or are along or adjacent to the front property lines of Lots shall be constructed of stone materials unless the applicable ACC has otherwise provided prior written approval.
(8) Mailboxes. Mailboxes shall be of a design and constficted of materials approved by the ACC or Declarant.
(9) Recreational Facilities. A tennis court, swi recreational facilities may be constructed within any Lot pro approved by the ACC prior to commencement of 4 (10) Signage. Except for the Dec arant' approved by Declarant for Declarant's Prope »SIp “election upon which the signs shall be é involvement of students in athletics or é ed if provided for and in strict compliance h advertising and spirit signs shall be subject to ; signs must be professionally produced and Qwyer hereby grants permission to the ACC (or its duly jie structure that does not comply with the above (f) Construction Materials, All construction materials shall conform to the ng provisions: (g) Exterior Materials. All exterior construction materials shall be subject to approval by the ACC in accordance with the provisions thereof in the Design Guidelines, if applicable, as to aesthetic appearance and shall conform to any and all City ordinances.
shall be subject to approval by the ACC in accordance with the provisions thereof in the Design Guidelines, if applicable, as to aesthetic appearance and shall conform to any and all City ordinances.
(h) Roof Materials. Minimum twenty (20) year warranty shingle or equivalent is required. Color of shingles to be weatherwood or similar color. All roofing 14 Last Revised: 04/21/06 materials must be fireproof and conform to City requirements, and are subject to approval of the ACC.
(i) Party Walls. A "Party Wall" is a wall which is part of the original construction of the Residences (as such wall may be repaired or reconstructed from time to time) and which separates two (2) or more Units and is constructed within the Wall Area and on the shared boundary line of two (2) adjacent Lots. To the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls shall apply to all Party Walls within the Property. No Owner shall ¢ alter or change a Party Wall, it being the intention of the Declarant that thg or rebuilt at such Owner's expense. In the event that 3 must be rebuilt and/or repaired, it shall be erected iy Wall within that Owner's Unit. Maintenance by the provisions of this Section and Exhibit by reference.
Section 3.5 Height hiiainne ures shall conform to the height restrictions of the City.
Section 3.6 bofs shall meet any requirements established by the City.
Section 3.7 d_and Process. Construction of any Residence shall ang? in any event, shall be completed within nine (9) months after commencement,/€o m of any other Structure shall be completed within the time
n 3.7 d_and Process. Construction of any Residence shall ang? in any event, shall be completed within nine (9) months after commencement,/€o m of any other Structure shall be completed within the time periods specified in (orn pproval process. All areas under construction shall be maintained in a clean, safe sendit and debris, trash, and rubble shall be stored in appropriate containers and promptly ep On the Property.
Landscaping. The Association shall maintain in a good condition andscaping on any Lots which are visible from any Street, which cost shall be a afi of the budget supported by the Maintenance Assessment (as defined in Section 6.3(a) hereof), Each Owner of a Lot, at the time of the construction of the Residence thereon, shall establish fully sodded grass and other landscaping required by the ACC and/or the City on all yards visible from any Street and install at a minimum one (1) twoinch tree in the front yard of each Lot. Unless otherwise approved in writing by the ACC, no more than 50% of the area of any yard that faces a Street may be covered by shrubs or flowers and no vegetables may be grown in any yard that faces a Street. The above landscaping shall be installed by a Builder at the time of and in conjunction with 15 Last Revised: 04/21/06 the construction of a Residence on a Lot. After the initial landscaping of each Lot has been established as provided above, the Owner of such Lot may not change or modify such landscaping without the prior written consent of the ACC. In this regard, any changes to the landscaping on yards visible from any Street shall be determined and carried out by the Association at the direction of the ACC. Each Owner shall maintain its
e ACC. In this regard, any changes to the landscaping on yards visible from any Street shall be determined and carried out by the Association at the direction of the ACC. Each Owner shall maintain its yards and other landscaping on his/her Unit or Lot, as applicable, which are not maintained by the Association pursuant to the terms hereof and in a sanitary and attractive manner. Grass, weeds and vegetation on each Lot must be kept mowed at Association's maintenance obligations set forth above, no Owner shall peng grass on a Lot to grow to a height of greater than six inches. Upon failure necessary in its judgment, and such Owner shall be obligated, itemized statement, to reimburse the Declarant or the Associa such invoice, shall bear interest from the date of usurious rate of interest that can be contracted for Without limiting the foregoing, in the absenge responsible for maintenance of the yard and*e and attractive condition. Notwithstanding a contrary, until such time as a Builder cop andscaping on his/her Lot in a sanitary beceives a certificate of occupancy shall be required to perform the maintenance obligations otherwise q he Association or an Owner under this paragraph (a), at such Builder's saté Cp expense.
o et © re} oO a.
a o 5 Oo oO o 5 pp Es 6 oo =: ° ww (b) ig V2 fy Specific Instruction Provisions. The ACC shall have the rig it 2 provisions set fo aPation, and any such waiver shall not entitle any other Person to a similgr wWaivéx and shall only be granted with respect to portions of the Property for oh & ACC is responsible in accordance with the terms of this Declaration.
ARTICLE 4 MAINTENANCE PROVISIONS Section 4.1 Owner's Obligation to Maintain. Each Owner shal! maintain its Lot and
roperty for oh & ACC is responsible in accordance with the terms of this Declaration.
ARTICLE 4 MAINTENANCE PROVISIONS Section 4.1 Owner's Obligation to Maintain. Each Owner shal! maintain its Lot and the Residence and other Structures thereon in a clean, first class condition. Each Owner shall regularly mow grass and maintain the landscaping on its Lot in good condition at all times, unless maintained by the Association as provided under Section 3.7(a) herein. Each Owner shall maintain the exterior of its Residences and Structures in good condition and shall make such repairs and replacements as necessary to maintain good order and the aesthetic harmony of the Property.
16 Last Revised: 04/21/06 Section 4.2 Damaged Improvements. If any Residence or Structure is damaged in any way, the Owner shall immediately repair such damage, or, in the case of substantial damage when the Owner of any single family detached Residence, or all of the Owners of any attached Residences, as applicable, does/do not wish to rebuild, raze the damaged Residence(s) and remove the same and leave the surface of the Lot in good order.
Section 4.3. Declarant/Association Right to Perform. If any Owner fails to maintain the condition of its Lot, the landscaping thereon, including the prompt removal of rofting or deceased trees and shrubs, or the Residence or other Structures thereon as contemplat Article 4 and fails to take action to correct such defect within ten (10) days after th the Association has furnished written notice thereof to such Owner, then the Owmne bear interest at the rate of eighteen percent (18%) per ann maximum rate), be payable upon demand, and shall be ¢ Article 6.
Section 4.4 Easement Maintenance.
ice thereof to such Owner, then the Owmne bear interest at the rate of eighteen percent (18%) per ann maximum rate), be payable upon demand, and shall be ¢ Article 6.
Section 4.4 Easement Maintenance.
Board, and the Declarant the right to access, repair, within any wall, entry, fence, landscape, or other sfmi By acquisition of a Lot, each Owner hereb é other adjacent Owners and the Declaran through, under and across the Owner' runoff and/or storm water to di@ intain all facilities and imptovements ent as recorded on any Plat.
ef and conveys unto the Association, the Drainage Easement (herein so called) over, ably necessary for the purpose of permitting ther Adjacent Lots over, through, under and across the q at may adversely affect a Residence shall not be he fdzegoing rights of the Association or the Developer, each obstructions are constructed, created or placed by any Owner within the Drainage # Sat ‘area without the prior written consent of the Association and the Declarant, the Dec ket he Association shall have the right to remove such structure or obstruction at thé Sels.cdst of such Owner ARTICLE 5 QWNERS' ASSOCIATION 15.1 Establishment. The Association has heretofore been or will hereafter be createthas- Texas non-profit corporation. Each Owner of a Lot shall be a member of the Association and such membership is appurtenant to and shall not be separated from ownership of a Lot. Upon the transfer of a Lot, the new Owner shall automatically become a member of the Association. The term of existence of the Association and other matters pertaining to its operation are set forth in its Articles of Incorporation and the By-Laws The Association is established to enforce this Declaration and the Covenants, to promote the interests of the Owners
ing to its operation are set forth in its Articles of Incorporation and the By-Laws The Association is established to enforce this Declaration and the Covenants, to promote the interests of the Owners as residents of the Property, and to enhance the value of the Lots as part of a harmonious, high quality, residential subdivision.
17 Last Revised: 04/21/06 Section 5.2 Voting Power. The Association shall have two classes of voting membership as follows: (a) Class A. The Class A Member shall be all Owners other than the Declarant and shall be entitled to one vote for each Lot owned. If more than one person owns an interest in a Lot, they shall combine their vote in such way as they see fit, but there shall be no fractional votes, and no more than one vote with respect to any Lot.
(b) Class B. The Class B Member shall be the Declarant, who ¢hy In determining the number of Lots owned by the Dg membership status hereunder, the total number of embership status, such Class B membership shall be reinstated a expirg to the terms hereof.
(c) Board of Director Ef the articles and bylaws of the AsseCig provided in the bylaws.
(d) to enter into contracts; ) to retain third parties, as necessary, to assist the Board in carrying e Association's activities, including engineers, accountants, lawyers, chitects, land planners, professional management, and other consultants; (4) to take such action as necessary to maintain the Common Area in good order and condition; (5) to acquire property, services and materials to carry out its duties; (6) to purchase insurance covering potential liability for use of the Common Area and for other risks; 18
order and condition; (5) to acquire property, services and materials to carry out its duties; (6) to purchase insurance covering potential liability for use of the Common Area and for other risks; 18 Last Revised: 04/21/06 (7) to borrow money for Association purposes; (8) to initiate and defend litigation, arbitration and other similar proceedings; (9) to promulgate reasonable rules and regulations for access to and use of Common Area as well as a policy establishing a schedule and procedures by which the Board may assess fines against Owners for violations of the Covenants or the Design Guidelines; (10) to establish and collect reasonable fees for the y recreational facilities on the Common Area; and (11) to establish and collect a reasonable fee for cop copies of the Association's governing documents a Certificate as required by law. This function receive such fees may be delegated or assign e Managing Agent.
Section 5.3 Officers. The Association wi bylaws.
Section 5.4 Dissolution. So lon the Property, the Association shall not bi ownership interest in the Property, the Assoctans 7 Owners owning at least eighty-five perce scan, of the Association shall be dongfed t Board and with purposes simi © ion.
ARTICLE 6 aa, A, perform its other duties, ad otherwise preserve and further the 'y as a first-class, quality residential subdivision. The purposes for which cine’ or improving the Common Area or any improvements thereon, including any landscaping located on the front of any Lots as provided in Section 3.7(a) in enforcing this Declaration; paying expenses incurred in collecting and administering assessments; paying insurance premiums for liability and fidelity coverage for the ACC, the
ed in Section 3.7(a) in enforcing this Declaration; paying expenses incurred in collecting and administering assessments; paying insurance premiums for liability and fidelity coverage for the ACC, the Board and the Association; and satisfying any indemnity obligation under the articles or bylaws.
The Board may reject partial payments and demand payment in full of all amounts due and owing the Association. The Board is specifically authorized to establish a policy governing how payments are to be applied.
19 Last Revised; 04/21/06 Section 6.2. Commencement of Assessments.
(a) Owner other than the Declarant. Unless otherwise provided by separate agreement by and between the Declarant and any Person, the Assessments shall commence, as to each Lot located in the Declarant's Property, upon conveyance of the Lot by the Declarant to any Person that is not an affiliate of the Declarant.
(b) Declarant and Builders. Neither the Declarant nor any Builder shall be liable for Assessments for any Lots that it owns, oe for an annual Maix eC have no obligation to, subsidize the Association from time to time Declarant decides to subsidize the Association and any shortfall of the Association is due in part to the failure of the Associa Assessments, then the Association shall immediately ap such delinquent Assessments through foreclosure, 1 Declarant the amounts, if any, so collected.
ue Silection of all reimburse the Section 6.3. Regular Annual Maintenan or a part thereof during the term ated budget of the expenses to be ear in performing its duties. Based (a) Annual Budget, For each oe of this Declaration, the Board shal ] incurred by the Association for the“fo upon such budget, the Association ‘aha g
expenses to be ear in performing its duties. Based (a) Annual Budget, For each oe of this Declaration, the Board shal ] incurred by the Association for the“fo upon such budget, the Association ‘aha g semi-annually on the first 4 Se and July, unless the Board determines a different schedule. ¢ b oY shall notify each Owner of the Maintenance Assessment for the”§ y December 15 of the preceding year, but failure to give such notice any Owner from its obligation to pay Maintenance Assessments. An Agsessment annually to meet the anticipated needs of the appropriate buthe Maintenance Assessment may not be increased in any year by an amount 4s of ten percent (10%) above the previous year's Maintenance Assessment, unless érease is approved by a majority vote of those members of the Association present ameeting, in person or by proxy, where a quorum exists.
(c) Uniform Assessments. Maintenance Assessments for all Lots shall be uniform.
Section 6.4 Special Assessments. The Association may impose special assessments ("Special Assessments") to make capital improvements to the Common Area, to satisfy its indemnity obligations under the articles or bylaws, or for other similar purposes. Any Special 20 Last Revised: 04/21/06 Assessment proposed by the Association must be approved by a majority vote of those members of the Association present at a meeting, in person or by proxy, at which a quorum exists. At least fifteen (15) days prior to any meeting of the Association called to consider any Special Assessment, the Board shall notify each Owner thereof by written notice specifying the total
m exists. At least fifteen (15) days prior to any meeting of the Association called to consider any Special Assessment, the Board shall notify each Owner thereof by written notice specifying the total amount of the Special Assessment required, the amount thereof imposed on each Lot (which shall be uniform), the purpose for such Special Assessment, and the time and method of payment thereof. The time for paying any Special Assessment (which may be in installments) shall be as specified in the approved proposal.
Section 6.5 _ Liability for and Enforcement of Assessments.
(b) Axst .
The Declarant hereby reserves for the benefit of itself-< s Asso i lien (the "Assessment Lien") against each Unit and/or Lot Aoeatéd oa ‘the Property to secure payment of (1) the Assessments imposed hereunde 4yment of any amounts Cash Ownéer~by-dccepting conveyance of a Unit and/or Lot, shall be deemed to have agredd Mx pay the Assessments herein provided for and to the reservation of the Asses The Assessment Lien shall be subordinate to the liens of any valj 4ge or deed of trust encumbering a particular Unit and/or Lot. Sale or’ fm gay Unit and/or Lot shall not affect the Assessment Lien. However, the sale. Ox ttapsferof any Unit and/or Lot pursuant to a first or any proceeding in ie? thérekf, ghdll only extinguish the Assessment Lien as to payments which beca{ relieve such Unit afi?
thereafter becomity power of sale in ace¢ tONfon-judicially foreclose the Assessments Lien in the manner provided for 1.002 of the Texas Property Code (or any successor statute). The onvey the same.
{c) Notices of Delinquency or Payment. The Association, the Association's
e Assessments Lien in the manner provided for 1.002 of the Texas Property Code (or any successor statute). The onvey the same.
{c) Notices of Delinquency or Payment. The Association, the Association's attorney or the Declarant may file notice of any delinquency in payment of any Assessment in the Records of Denton County, Texas, Upon the timely curing of any default for which a notice was recorded by the Association, the Association through its attorney is hereby authorized to file of record a release of such notice upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed the 21 Last Revised: 04/21/06 actual cost of preparing and filing a release. Upon request of any Owner, any title company on behalf of such Owner or any Owner's mortgagee, the Board through its agents may also issue certificates evidencing the status of payments of Assessments as to any particular Unit and/or Lot (i.e., whether they are current or delinquent and if delinquent, the amount thereof). The Association or its Managing Agent may impose a reasonable fee for furnishing such certificates or statements.
(d) Suit to Recover. The Association may file suit to recover any Assessment and, in addition to collecting such Assessment and interest thereon, recover all expenses reasonably expended in enforcing such obligatiop reasonable attorneys' fees and court costs.
(e) Late Charges and Collection Fees. If any Asses§ thereof remains unpaid after thirty (30) calendar days from graf established by the Board, a late charge shall be assessed agai § for each month or any part thereof, that any portion of Should any Assessment be payable in installments
y (30) calendar days from graf established by the Board, a late charge shall be assessed agai § for each month or any part thereof, that any portion of Should any Assessment be payable in installments accelerate the entire Assessment and demand im charge shall be in the amount of Twenty-five and chiirge an Owner a monthly collection fee to compensate Managing Agent Yaris administrative costs and efforts to collect and process the late payment of AsS¢sstng service charge in the amount of Twenty and No/100 Dollars ($20 harved for each check that is returned because of insufficient funds or any d {The amount of late charges and service charges may be adjusted, from tiprete “the Board consistent with any changes in the administrative costs tg g essments or the Association's bank charges All late charges, collectidw’ fees, servite/charges and attorneys' fees assessed or incurred due to late paymer of Asséasthehts-stfall be charged to an Owner's Assessment account Suspension of Right to Use Common Area. In addition to the other herein granted, the Board may suspend the right of an Owner to use any of the on Area during the time that such Owner is delinquent in paying any Assessment.
(h) Suspension of Voting Rights. No Owner who is delinquent in paying its Assessments shall have the right to vote as a member of the Association while such delinquency continues; an Owner may cure a delinquency at a meeting to regain the right to vote by paying all outstanding amounts (including interest, fines, and penalties) by cashier's or certified check or other good funds acceptable to the Board.
22 Last Revised: 04/21/06 (i) Capital Reserve/Improvement Contribution. Upon sale of record title
eptable to the Board.
22 Last Revised: 04/21/06 (i) Capital Reserve/Improvement Contribution. Upon sale of record title to a Residence by an Owner other than a Declarant or a Builder, a contribution of $200.00 (two hundred dollars) shall be made by or on behalf of such Owner to the Capital Reserve/Improvement Fund of the Association. This amount is not refundable, shall be in addition to, not in lieu of, the Maintenance Assessment levied on the applicable Unit and/or Lot and shall not be considered an advance payment of any portion thereof. This amount shall be deposited into escrow and disbursed therefrom to the Association or to the applicable Declarant if the Association is not yet established and shall be used for capital improvements made by the Association pursuant to the fers of this Declaration and the bylaws of the Association. Such amount shall b@-s yearly and may be increased, however the increase is restricted to 10% oyerthe previous year.
@ Transfer Fees and Fees for Issuance of Resale or ise simple title toa Lot and. the issuance of a Resalk CS tific The Association or its yment for the cost thereof has been received by the Association or its a fSes and fees for the issuance of a Resale Certificate are not refundable and. t be regarded as a prepayment of or credit against regular or special assessmep Contribution in Section 6,5(i) abox6> This third party to levy such fees.
nests orarided guests are accompanied by an Owner) shall tea for its intended purposes as herein provided. The hall have the right to enter on and use the Common Area at all Specific facilities, if any, to be located in the be determined by the Declarant. The Declarant and the Board may
as herein provided. The hall have the right to enter on and use the Common Area at all Specific facilities, if any, to be located in the be determined by the Declarant. The Declarant and the Board may respon r all maintenance, repair, replacement, and improvement of the Common Area, utilizing the Assessments for such purposes as herein provided. The Declarant shall have no responsibility for maintenance, repair, replacement, or improvement of the Common Area after initial construction.
Section 7.4 Risk of Loss - Use of Common Area. Each Owner shall be individually responsible and assume all risk of loss associated with its use of the Common Area and use by its family members and guests. Neither the Association nor the Declarant shall have any liability to 23 Last Revised: 04/21/06 any Owner or their family members or guests, or to any other Person, arising out of or in connection with the use, in any manner whatsoever, of the Common Area or any improvements comprising a part thereof from time to time.
Section 7.5 Conveyance of Common Area to Association. The Declarant shall convey to the Association the Common Area located in Property, free and clear of any liens, claims or encumbrances, not later than sixty (60) days after the Declarant no longer owns a Lot in the Property.
ARTICLE 8 SPECIFIC DECLARANT RIGHTS Section 8.1 Rights to Annex. The Declarant may annex additional x a portion of the jee and thereafter be subject to the terms, provi) On of the County, subjecting such additional property to the te action or approval shall be required or necessary for the Declaxa ite Covenan Any document subjecting
er be subject to the terms, provi) On of the County, subjecting such additional property to the te action or approval shall be required or necessary for the Declaxa ite Covenan Any document subjecting additional property to the Declaration may also impose additional restrictions not found in this Mion and platting of any additional become a "Lot" for all purposes property as herein provided, each lot desgaip hereunder.
Section 8.2. No Du am ofk erein contained shall establish any duty or obligation on the part of the Degtapant ey d mber to annex any property to this Declaration and no owner of the property fex¢laded Ko cep Declaration shall have any right to have such property annexed thereto.
Section 8.3 Xation on Class B Membership. In determining the number of Lots owned/5y_thts Decks ant for the purpose of Class B membership status according to Section 5.2 hereof, ytal number of Lots covered by this Declaration and located in the Property, includ; Ag fas previously lapsed but annexation of additional property restores the e Declarant to the number required by Class B membership, such Class e reinstated until it expires pursuant to the terms of Section 5.2.
Specific Declarant Rights to Amend Declaration. The Declarant, to correct any errors or to cause the Declaration to be in compliance with any City or other governmental requirement (including any requirements imposed by the Federal Housing Administration, the Veterans Administration, the Department of Housing and Urban Affairs, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association).
Section 8.5 Easement/Access Right. The Declarant reserves a general easement over all Streets, roads, rights of way, alleys and utility, maintenance, landscaping, wall and other 24
tgage Association).
Section 8.5 Easement/Access Right. The Declarant reserves a general easement over all Streets, roads, rights of way, alleys and utility, maintenance, landscaping, wall and other 24 Last Revised: 04/21/06 easements in the Property and over the balance of the Common Area as reasonably necessary for access for the purpose of finishing development of the Property as a subdivision and as otherwise reasonably necessary to effect the Declarant's rights hereunder. Such easements and rights shall expire at such time as the Declarant no longer owns a Lot.
Section 8.6 Assignment of Declarant Rights. The Declarant may assign its rights to a successor Declarant hereunder by execution of a written document, recorded in the Records of Denton County, Texas, specifically stating that the Declarant has assigned its rights as such to a designated assignee and declaring such assignee to be a new "Declarant" hereunder. \ Section 8.7. Declarant's and repair any such improvement unless the Declarant or the Board, shall advise the Owner(s) in writing of its i © ass fch maintenance and repair obligations. If the Declarant exercises such right in th ve-described non-setback areas, then such wall, fence, irrigation system, or other 7 t shall be the property of the Association. So long as it owns any th shall have the right, but not the obligation, to maintain and repair any su area improvements located on the d On, Property; otherwise, the Association shalLes ~ aintenance and repair or it may abandon such improvements at its discretion. 1 Cim Pegtires the maintenance, repair, or removal of expense. If the Associatio dissolved, then the Owne Section 8.8 reserves the right to
epair or it may abandon such improvements at its discretion. 1 Cim Pegtires the maintenance, repair, or removal of expense. If the Associatio dissolved, then the Owne Section 8.8 reserves the right to Property or to amend or modify the Plat in order to assure a glopment of the Property as herein provided. The Declarant may Section 8.9 Limitation_of Declarant's Liability. The Declarant shall not be responsible or liable for any deficit in the Association's funds. The Declarant may, but are under no obligation to, subsidize any liabilities incurred by the Association and the Declarant may, but are not obligated to, lend funds to the Association to enable it to defray its expenses, provided the terms of such loans are on reasonable market conditions at the time.
A) Last Revised: 04/21/06 Section 8.10 Termination of the Declarant's Responsibilities. In consideration of the Declarant's deficit funding of the Association, if any, upon the occurrence of any of the following events: (i) conversion of the Declarant's Class B membership status to Class A membership status; (ii) completion of any facilities in the Common Area by the Declarant; or (iii) assignment of the Declarant's rights hereunder pursuant to Section 8.6, then and in such event the Declarant shall be fully released, relieved and forever discharged from any further duty or obligation to the Association or any of its members as the Declarant by reason of the terms and conditions of this Declaration including any amendments thereof or supplements thereto, save and except the duties and obligations, if any, of the Declarant as a Class A memb¥ reason of the Declarant's continued ownership of one or more Lots, but not otherwis ot ee
r supplements thereto, save and except the duties and obligations, if any, of the Declarant as a Class A memb¥ reason of the Declarant's continued ownership of one or more Lots, but not otherwis ot ee to the Association, so long as the Declarant holds record title to at least one same for sale in the ordinary course of business, neither the Association nor member of the Association shall take any action that will impair or adveyst but not limited to, any direct or indirect interference with the breach of this Section, it is acknowledged that any monets would be an insufficient remedy and therefore, in addition teh’may be available emedies, the Declarant Section 9.2 and the Design Guide) each Owner. The B violates the Declaration, the Design Guidelines or a rule or regulation of the Associadtier-fnd a fine is imposed, the fine shall first be assessed against such occupant, guest, or invitee; provided, however, if such occupant, guest, or invitee does not pay the fine within thirty (30) days after written demand for payment from the Association, the Owner shall pay the fine upon notice from the Association. The failure of the Board to enforce any provision of the Declaration, the Design Guidelines or any rule or regulation of the Association shall not operate as a waiver of the right of the Board to do so thereafter.
26 Last Revised: 04/21/06 Section 9.3 General Easement for Encroachments, Access, Maintenance and Utilities. Each Owner grants to the Association, the Board, the Declarant and the other Owners a general easement as reasonably necessary for the maintenance of any minor encroachments of Common Area facilities over adjoining Lots and for access to and from each Owner's Lot
and the other Owners a general easement as reasonably necessary for the maintenance of any minor encroachments of Common Area facilities over adjoining Lots and for access to and from each Owner's Lot through driveways, rights of way and easements as reflected on the Plat for the purpose of giving effect to the provisions of these Covenants.
Section 9.4 Amendment of Declaration. These Covenants may be amended by the Declarant as provided in Section 8.4. In addition, the Declaration may be amended at afy\time and in any respect with the approval of Owners owning at least seventy percent (7%) ‘91 Declarant until such time as Declarant no longer owns any Lot. In addition, so Jopg-as B membership provided for in Section 5.2(b) exists, any amendment of these otena) Section 9.5 City Provisions. All construction withjz with all applicable City ordinances and regulations. If any the City imposes more demanding, extensive or restrictive r¢ Section 9.6 HUD/VA A under the terms of this Declaration, the HUD and/or VA. If neither HUD nor VA nti approval within twenty (20) days of the date st for approval was forwarded to HUD or A granted.
this Declaration shall be deéme 3 een properly delivered when deposited with the United States Postal Service, poSta%e’Prepaid properly addressed to the addressee. Each Owner's address for purposes of nottet Section 9.8 officers, directors; br agents, nor any officer, director or agent of the Association, nor s ACC-Shall be liable to any Person, Owner or any Person claiming by or through atk et Ogtherwise for any act or omission in the performance of the duties of the DeglarantNor s S director or agent of the Association, or member of the ACC except only if S 2 issfon should be judicially declared to constitute fraud or intentional willful
ance of the duties of the DeglarantNor s S director or agent of the Association, or member of the ACC except only if S 2 issfon should be judicially declared to constitute fraud or intentional willful miscends e Association shall and does hereby agree to indemnify the Declarant, including any of tae Déclarant's officers, directors, agents or employees, the officers, directors and agents of the Association, and the members of the ACC against all claims, demands, actions and proceedings and all expenses in connection therewith arising from the good faith exercise of their duties pursuant to this Declaration.
Section 9.9 Severability. If any of the terms hereof shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of these Covenants, which shall be in full force and effect.
27 Last Revised: 04/21/06 Section 9.10 Acceptance by Owners of Rights and Obligations. By the recording of a deed or other conveyance transferring all or part of an interest in a Lot subject to this Declaration, the person or entity to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all the provisions of the Declaration, the Design Guidelines, the articles and bylaws of the Association, including any rules or regulations adopted or promulgated by the Association, whether or not mention thereof is made in said deed.
Section 9.11 Arbitration of Disputes Involving the Declarant.
ARBITRATION AND NOT TO A COURT FOR DETERMINATION.
SHALL COMMENCE AFTER WRITTEN NOTICE IS GIVEN€R PARTY TO THE OTHER, SUCH ARBITRATION SHALL ‘ EXPEDITIOUSLY IN DALLAS COUNTY AND SHALL § ASSOCIATION ("AAA"). THE ARBITRATION
O A COURT FOR DETERMINATION.
SHALL COMMENCE AFTER WRITTEN NOTICE IS GIVEN€R PARTY TO THE OTHER, SUCH ARBITRATION SHALL ‘ EXPEDITIOUSLY IN DALLAS COUNTY AND SHALL § ASSOCIATION ("AAA"). THE ARBITRATION THREE (3) ARBITRATORS, ONE OF WHOM SH RENDERED BY THE ARBITR# Jy BY ENTERED IN ANY COURT HAVING JURISDICTION THEREQES AR MIPRATION SHALL NOT COMMENCE UNTIL THE PARTY REQUESTING Xt H&SDEPOSITED ONE THOUSAND FIVE HUNDRED AND NO/100.U. ($1,500.00) WITH THE ARBITRATORS AS A RETAINER FOR RIATORS' FEES AND COSTS. THE PARTY REQUIRED FRO} IME BY THE ARBITRATORS TO PAY THE ARBITRATORS' R DETERMINED FEES AND COSTS AND ANY OTHER FEES INCURRED IN 4 AN ARBITRATION PROCEEDING WHICH ARISES OUT OF —E ARBITRATION PANEL SHALL AWARD THE ARBITRATORS' FEES $3 TO THE PREVAILING PARTY IN ITS ARBITRATION JUDGMENT.
b) Other Dispute Resolutions, Notwithstanding the Declarant's and Swrt's intent to submit any controversy or claim arising out of or relating to this Declaration to arbitration, in the event that a court of competent jurisdiction shall determine or a relevant law shall provide that a particular dispute is not subject to the arbitration provisions in this Section, then the parties agree to the following provisions: (c) Waiver of Trial by Jury. EACH OWNER ACKNOWLEDGES THAT THIS DECLARATION IS A SOPHISTICATED LEGAL DOCUMENT.
ACCORDINGLY, JUSTICE WILL BEST BE SERVED IF ISSUES REGARDING 28 Last Revised: 04/21/06 THIS DECLARATION ARE HEARD BY A JUDGE IN A COURT PROCEEDING, AND NOT A JURY. EACH OWNER AGREES THAT ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION, WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR CROSSCLAIM, WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF THE TORT ACTION IS
EES THAT ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION, WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR CROSSCLAIM, WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT), BASED ON, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS DECLARATION, ANY COURSE OF CONDUCT, COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT, VALIDATION, PROTECTION, ENFORCEMENT ACTI = OMISSION OF ANY PARTY SHALL BE HEARD BY A JUDGE IN PROCEEDING AND NOT A JURY.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT LQ N en Ss 29 Last Revised: 04/21/06 Executed by the Declarant as of the date set forth above.
DECLARANT: SOUTH CHISHOLM RIDGE, LTD., a Texas limited partnership By: Gee Development Services, Inc., a Texas corporation, its General Partner STATE OF TEXAS § COUNTY OF Musas § BEFORE ME, the undersigned au Gee, President of Gee Development Services Ltd., a Texas limited partnership, known ersonally appeared James Stephen €ral partner of South Chisholm Ridge, person whose name is subscribed to the e executed the same for the purposes and ed of said corporation and limited partnership, SEAL OF OFFICE this 24/Aday of April, 2006.
Notary Pablic, he of Texas 30 Last Revised: 04/21/06 : EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGES OF CHISHOLM RIDGE AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS [see attached] OQ & > 31 Last Revised: 04/21/06 Legal Description for The Villages of Chisholm Ridge
[see attached] OQ & > 31 Last Revised: 04/21/06 Legal Description for The Villages of Chisholm Ridge Lots 1-20 Block 9, Lots 1-10 Block 10, Lots 1-15 Block 11, Lots 1-16 Block 12, Lots 1; 32 Block 13, Lot 10X Block 10, Lot 8X Block 11, Lot 24X Block 13, The Villages o Chisholm Ridge, Tarrant County, Texas, according to the map or plat thereof rec Cabinet A, Slide 10924 of the Plat Records of Tarrant County, Texas. C \S O NG K EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGES OF CHISHOLM RIDGE AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS DESCRIPTION AND/OR DEPICTION OF THE WALL AREA [see attached] C 32 Last Revised: 04/21/06 Description of Wall and Common Area Common Area - Lot 24X Block 13, Lot 8X Block 11, Lot 10X, Block 10, The Villages of Chisholm Ridge, Tarrant County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 10924 of the Plat Records of Tarrant County, Texas.
Wall Area - Rear of Lots 1-20 Block 9, Rear of Lots 1-8 Block 13. Sj EXHIBIT C TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGES OF CHISHOLM RIDGE AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS COMMON WALLS, REPAIRS AND EASEMENTS The following rules shall apply to all attached Residences and/or Units: r placed 1 and, to of the attached single family residential Unit upon a Lot and is with a on the dividing line common boundary line of two the Lots shall consti Party Wall shall, nevertheless, be deemed to be on th dividiig line
ached single family residential Unit upon a Lot and is with a on the dividing line common boundary line of two the Lots shall consti Party Wall shall, nevertheless, be deemed to be on th dividiig line for purposes of this Declaration and this Exhibit C. ocal eagerménts shall exist upon and in favor or the adjoining Residences having Party for the maintenance, repair and reconstruction of such Party Walls.
Y 1a: fable repair and maintenance of a Party Sharing of Repair and Maintenance. The cé 5 of the Residences on either side of the Wall shall be shared in equal proportio the Party Wall, they shall contribute to the Party Wall. If other Owners thepeg cost of any restoration necessgt to such use. This provision is not intended to Party Wall that will ik hair p J structural soundness or integrity of the other Residence(s) sharing such Party Walor itnpaitaxy easement or hereditament related to such Residence(s), nor do any \S digion to exist which will adversely affect the other Residence(s) or their By his/her negligent or willful act causes the Party Wall to be exposed to the elements;Shall bear the whole cost and expense of furnishing the necessary protection against such elements and making any and all necessary repairs to such Party Wall caused by such exposure.
¢. Notwithstanding any other provision of the Declaration or this Exhibit C, an Right to Contribution Runs with Land. The right of any Owner to contribution from any Owner under the Declaration or this Exhibit C shall be a lien on the adjacent Owner's Unit and/or Lot sharing such Party Wall and shall be appurtenant to such Unit and/or Lot and shall pass to such adjacent Owner's successors in title.
33 Last Revised: 04/21/06
urtenant to such Unit and/or Lot and shall pass to such adjacent Owner's successors in title.
33 Last Revised: 04/21/06 Arbitration. IN THE EVENT OF A DISPUTE ARISING CONCERNING A PARTY WALL UNDER THE APPLICABLE PROVISIONS OF THE DECLARATION, OR ARISING CONCERNING ANY OF THE TERMS OF THIS EXHIBIT C, SUCH DISPUTES SHALL BE SUBMITTED TO BINDING ARBITRATION AND NOT TO A COURT FOR DETERMINATION. ARBITRATION SHALL COMMENCE AFTER WRITTEN NOTICE IS GIVEN FROM EITHER PARTY TO THE OTHER, SUCH ARBITRATION SHALL BE ACCOMPLISHED EXPEDITIOUSLY IN TARRANT COUNTY OR SUCH OJHER CONDUCTED IN ACCORDANCE WITH THE RULES OF THE ARBITRATION ASSOCIATION ("AAA"). THE ARBITRATION SHALL BE BY THREE (3) ARBITRATORS, TWO OF WHOM SHALL BE APPO DISPUTING OWNER AND THE THIRD ARBITRATOR SHALL BE APP FIRST TWO ARBITRATORS. THE ARBITRATORS SHALL BE : LIST OF ARBITRATORS SUBMITTED BY THE AAA. JUDGME ARBITRATORS' FEES AND COSTS. THE PARTK RS (ARBITRATION SHALL ADVANCE SUCH SUMS AS ARE REQUIREDNERQM TIME TO TIME BY THE ARBITRATORS TO PAY THE ARBITRATORSNPRES AND COSTS, UNTIL THE PREVAILING PARTY IS DETERMINEDROR Li/yn SIS HAVE AGREED IN WRITING TO AN ALTERNATIVE ALLOCATION Gf EG ND COSTS. EACH PARTY SHALL PAY ITS OWN LEGAL FEES AND ANDY ANY OTHER FEES INCURRED IN CONNECTION WITH AN EEDING WHICH ARISES OUT OF OR RELATES IN ANY WAY T TION; PROVIDED, HOWEVER, THAT THE HE ARBITRATORS' FEES AND COSTS TO ARBITRATION PANEL THE PREVAILING PAR TRATION JUDGMENT Encroachments. Each Let Pyoperty included in the Common Area shall be subject to an
l be subject to an maintenance i amé, so long as it exists. In the event any Unit is partially or totally Z jt, the Owner of such Unit so affected and the adjacent Unit agree that 34 Last Revised: 04/21/06 at*, a Mae vs Sc al PR lel? : LANDAMERICA COMMONWEALTH TITLE ee 2100 MCKINNEY AVE # 1515 “ase © Jat DALLAS TX 75201 Submitter: LANDAMERICA COMMONWEALTH SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-04 WARNING - THIS [IS PART OF THE O Filed For Registration: 04/25/2006 11 (oy Mi SH Instrument #: D206120866 PGs $160.00 OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.