ORIGINAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRINITY RANCH ESTATES THE STATE OF TEXAS ) = ) “a COUNTY OF TARRANT ) E aa i THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONSPOR © TRINITY RANCH ESTATES (this “Declaration”) is made this 9" day of January 6 =O effective January 11, 2007, by Texas Development Corporation (“Declarant”).
WITNESETH: other common properties located within the Subdivisio described herein (collectively, the “Property”).
B. The Property has been sub or “Lots” as the context may require), to described on the plat of such Tarrant County, Texas.
C. Declaranthand it advisable, for the efficient preservation of the values and Cy to impose covenants upon the Property and to create a non-profit D. Declarant has caused or will cause to be incorporated under the Non-Profit Corporation Act of the State of Texas (the Act”) a non-profit corporation.
DECLARATION OF COVENANTS PAGE 1 OF 47 NOW, THEREFORE, Declarant declares that the Property shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (the “Covenants”) hereinafter set forth and which run with the Property and shall be binding on any subsequent Owners (as defined below) of this Property, their heirs, executors, administrators, successors and assigns.
DECLARATION ARTICLE I OQ DEFINITIONS The following words when used in this Declaration (ufileSs the e6ntexT shall prohibit, shall have the following meanings: “ACC” means the Architectural Control Commit ointed by the Board in accordance O SS .
Synantirefer'to the Annual Assessments, Special Assessments, and with the provisions of Article VII hereof. © “Articles of Incorporation” shal Ws to the Articles of Incorporation of the Inc.
ce O SS .
Synantirefer'to the Annual Assessments, Special Assessments, and with the provisions of Article VII hereof. © “Articles of Incorporation” shal Ws to the Articles of Incorporation of the Inc.
Trinity Ranch Estates Homeo “Assessment” shal the Default Assessme der” means any homebuilder constructing the initial Dwelling Unit upon a Lot in the normal course of conducting its business for profit.
DECLARATION OF COVENANTS PAGE 2 OF 47 “Bylaws” shall mean and refer to the Bylaws of the Trinity Ranch Estates Homeowners Association, Inc.
“City” shall mean the City of Hurst, Texas.
“City Council” shall mean the city council of the City.
“Common Areas” shall mean those areas designated as Common Area on the Pla “Common Maintenance” shall mean and refer to the normal and routine pai applying insect control chemicals to Common Maintergnce Ar i aintaining irrigation and other utility systems, screening walls and retaining in the Common Maintenance Areas, ervicgYexcept as determined by the Board to be within normal and routine he*Common Maintenance Areas.
as” shall mean and refer to open space areas within the Property as depicted on the Plat, together with (i) screening walls, retaining walls, and landscaping lying within right-of-ways as the Board may elect to include within the “Common Maintenance Areas” DECLARATION OF COVENANTS PAGE 3 OF 47 from time to time for maintenance by the Association, (ii) any areas within the Property owned by the City, the Association, or any other governmental entity, but which are required to be maintained by the Association, (iii) any landscape, wall maintenance, pedestrian access or maintenance
wned by the City, the Association, or any other governmental entity, but which are required to be maintained by the Association, (iii) any landscape, wall maintenance, pedestrian access or maintenance easements reflected on the Plat, required by the City or recorded by separate instrument, and (iv) centers or similar areas.
“County” shall mean and refer to Tarrant County, Te “Declarant” shall mean and refer to Texas Deyelopmen! ation, and its successors and assigns, and any assignee, other than an Owner yho receive by assignment from Texas Development Corporation all or a portion ok ig er as such Declarant, by an instrument expressly assigning such rights as Decla ssignee, “Dwelling Unit” shall y Bee ny building or portion of a building situated upon 2 0 Property which is designed and intended for use and dle person, a couple, a family or a permitted family size group of nd refer to any plot or tract of land shown upon any recorded subdivision which is shown as a lot thereon and which is or is to be improved with a “Maintenance Fund” shall have the meaning given to ti in Section 3.1 hereof.
“Member” shall mean and refer to each Owner as provided in Article II hereof.
DECLARATION OF COVENANTS PAGE 40F 47 “Model Home” shall have the meaning any building constructed by a builder on any Lot as an example of a design for structures available for construction by said builder on other Lots within the Subdivision.
“Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot but, notwithstanding any applicable theory of mortgages‘oriother in Cabinet A, Hanger 11386, Plat Records of Tarrant phases of the Subdivision to be filed as and when th
he fee simple title to any Lot but, notwithstanding any applicable theory of mortgages‘oriother in Cabinet A, Hanger 11386, Plat Records of Tarrant phases of the Subdivision to be filed as and when th “Property” shall have the meaning ie tQ tA raph A of the Introductory Statement above, together with additions thereto as Subject to the terms of this Declaration by a Texas, from time to time.
“Resident” sha DECLARATION OF COVENANTS PAGE 5 OF 47 “Vehicle” means any vehicle of any kind or type whatsoever, including, but without limitation, any automobile, truck, motorcycle, boat, mobile home, motor home, boat trailer, or other kind of trailer, ARTICLE I MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION; ADDITIONS TO THE PROPERTY DD Class of Membership. The Association shall ha Class A. Class A members shall be all Nembers Xception of the Declarant.
Class A Members shall be entitled to ote for each Lot in which they hold the interest required for mergbe shy ore than one person holds an interest or interests in any Lot, all shall be Members, and the vote for such Lot shall be exercised hemselves determine, but in no event shall more a ers. At such time as all Lots held by the Class B Member have been sold and conveyed, then the Class B membership of the Association shall terminate and all votes shall thereafter be cast solely by Class A Members; provided,, that in the event all Lots held by Declarant are sold and conveyed but thereafter Declarant again DECLARATION OF COVENANTS PAGE 6 OF 47 acquires one or more Lots, then Declarant shall again be a Class B Member until such Lots have been sold.and conveyed by Declarant and once again all votes of the Association shall be cast solely by the Class B Member, to the exclusion of the Class A Members.
Class B Member until such Lots have been sold.and conveyed by Declarant and once again all votes of the Association shall be cast solely by the Class B Member, to the exclusion of the Class A Members.
2.3 Eligibility and Suspension of Voting Rights. If an Owner is involved in | standing with the Association, the Member must have all Ass€sg paid up to date, have no outstanding financial obligatigng to the A 6n that are delinquent and shall have no current, uncured violations of or agains ants, any design guidelines or ACC requirements on one or more Lots within eS bai igibility to vote, to participate in any Association meetings or activities, to uti on Maintenance Areas (including, without limitation, the amenity center ayfd or to serve as a representative, director or officer An Owner may only delinquency at a meeting to regain the right to vote by paying all outstanding amoynts é interest, fines, and penalties) by cashier’s or certified check or other ARTICLE III COVENANTS FOR MAINTENANCE ASSESSMENTS 3.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner ofa Lot (by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or other DECLARATION OF COVENANTS PAGE 7 OF 47 conveyance) for each Lot owned by such Owner, hereby covenants and agrees, and shall be deemed to covenant and agree, to pay to the Association (or to a mortgage company or other collection agency designated by the Association: (a) Annual Assessments (herein so called) or charges to be paid on a regular basis in installments as the Board of Directors of the Association may elect, (b) reimburse the Association for costs and expenses incurred Association in accordance with this Declaration. Annu’ ociation. The Annual Assessments,
Board of Directors of the Association may elect, (b) reimburse the Association for costs and expenses incurred Association in accordance with this Declaration. Annu’ ociation. The Annual Assessments, Association shall constitute the “Maintenance Fund”.0 interest thereon and costs of collection ents”), shall be a charge on the Property and shall be a continuing lien upo iStAvhich each such Assessment is made. Each such bres\iereon and costs of collection thereof as hereinafter assessment, together with provided, shall also be f4€ Continuing personal obligation of the person who was the Owner of such (dina became due.
3.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents DECLARATION OF COVENANTS PAGE 8 OF 47 of the Property, and in particular for the payment of all costs and expenses incurred or related to Common Maintenance, including, but not limited to, the payment of all costs and expenses incurred in carrying out the duties of the Board as set forth in Article IV hereafter and for carrying out the purposes of the Association as stated in its Articles of Incorporation.
3.3 Common Maintenance by Declarant.
(a) Until such time as Declarant has sold and conveyed all of the Maintenance, including, but not limited to, paying the costs expense of leasing any equipment) and materials~cequired Maintenance. In this regard, and during such perigds Annual Assessments and Special Assessments collected by the Association st b aid by the Association to Declarant, to the extent such Assessments are requi rant to pay such Common Maintenance. The and delivered by Declarant with respect to the he Common Maintenance performed hereunder. All hotfieowners.
Declarant, to the extent such Assessments are requi rant to pay such Common Maintenance. The and delivered by Declarant with respect to the he Common Maintenance performed hereunder. All hotfieowners.
The Association shall perform the Common Maintenance required by the City and this Declaration in perpetuity with sums provided by Assessments unless and until the Association obtains a written consent from the City to modify or eliminate such maintenance, and DECLARATION OF COVENANTS PAGE 9 OF 47 such maintenance shall include and be limited to the items included within the meaning of the term Common Maintenance a defined herein. Under no circumstances shall any member of the Board or any officer or agent of the Association be liable to any Owner for any action or inaction of the Board with respect to any Common Maintenance, and each Owner hereby releases and relinquishes forever or any member of the Board.
(c) In the event that the Associati rata bask e entire cost of such maintenance, which assessment shall constitute a lien upon the Lots against which each assessment is made. During the period the City has a right and assumes the DECLARATION OF COVENANTS PAGE 10 0F 47 obligation to maintain and care for the Common Maintenance Areas, the Association shall have no obligation or authority with respect to such maintenance.
The right and authority of the City to maintain the Common Maintenance Areas shall cease and terminate when the Association, its successors or assigns, shal! present to the City reasonable improving and preserving the same and in no event shall the Ci Owner or their respective heirs, executors, adminisfeators, successors and assigns for (A) any acts or omissions oft City removal of any landscaping, features or e€ aintaining, improving and preserving
wner or their respective heirs, executors, adminisfeators, successors and assigns for (A) any acts or omissions oft City removal of any landscaping, features or e€ aintaining, improving and preserving orm such maintenance.
g into consideration the current maintenance costs and the future needs of the Association; provided, however, that from and after January 1, 2007, in no event shall the Annual Assessment for each Lot which is subject to being assessed for any year exceed the Annual DECLARATION OF COVENANTS PAGE 11 OF 47 Assessment levied by the Board for the immediately preceding year by more than ten percent (10%) except only in the case of unusual or extraordinary costs and expenses to be paid by the Association as determined from time to time by the Board or increase by more than ten percent (10%) by the assent of the Members entitled to cast two thirds (2/3) of the votes of the Members of the Association entitled to vote who either (i) are voting in person or by proxy at a meeting duly called for this purpose as provided in the Bylaws of the Association and subject to Section 2.2 hereof, or DECLARATION OF COVENANTS PAGE 12 oF 47 (ii) execute a written consent in lieu of a meeting for such purpose. Failure of the Board to exercise its authority under this section 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 in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section.
3.6 Uniform Rate of Assessment. Both Annual and Special Assessme the date which such Lot has been conveyed by Declarant to a third pa
ard has not previously exercised its authority under this Section.
3.6 Uniform Rate of Assessment. Both Annual and Special Assessme the date which such Lot has been conveyed by Declarant to a third pa Accordingly, Builder shall be responsible for paying assessme oma such Lot.
Sd (a) The initial Annual KXess me gvided for in Section 3.4 above shall commence on the date fixed by the Boapdt DS ate of commencement, and shall be paid in if the date of commenceme an the first day of such quarter, the Annual Assessment for such quarter shall the number of days remaining in the quarter.
date or dates, if it is to be paid in installments, of any Special 3.5 above shall be fixed in the resolution by the Board authorizing such All Assessments shall be payable in the amount specified by the Association and no offset against such amount shall be permitted for any reason.
DECLARATION OF COVENANTS PAGE 13 OF 47 3.8 Duties of the Board with Respect to Assessments.
(a) The Board shall fix the date of commencement and the amount of the Assessment against each Lot for each Assessment period at least thirty (30) days in advance of such date or period and shall, at the time, prepare a roster of the Lots and Assessments applicable thereto to pay such Assessment shall remain such Owner’s persona! obligation and shall not pass to such Owner’s successors in title unless expressly assumed by them. The lien for unpaid Assessments shall DECLARATION OF COVENANTS PAGE 14 OF 47 be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for the unpaid Assessments owed by such Owner as provided herein by abandonment of Owner’s Lot or otherwise.
d shall continue in full force and effect. No Owner may waive or otherwise escape liability for the unpaid Assessments owed by such Owner as provided herein by abandonment of Owner’s Lot or otherwise.
(b) —_ In furtherance of the lien provided in Section 3.9(a) above, and to secure the Property Code (the “Code’”) and as it may b hereby shall be upon the same terms and ARN st promulgated by the State Bar of Texas for use and all amendments, modifications and substitutions rights, benefits and privileges by lawyers designated as [Fd thereof, which form is h acOxporated by reference for all purposes hereof. The Association, Without limitation of the remedies available to the Association and to the other Owners upon the occurrence of a default by any Owner in the payment of any Assessment or other amount due and payable hereunder, the Association may, at its election and by and through DECLARATION OF COVENANTS PAGE 15 OF 47 the Trustee, sell or offer for sale the Lot owned by the defaulting Owner to the highest bidder for cash at public auction in accordance with the provisions of the Code. The Association may, at its option, accomplish such foreclosure sale in such manner as permitted or required by the Code or by any Other present or subsequent laws relating to the same. After the sale of any Lot in accordance the cout, together with the costs of the action. Each delinquent Owner shall be obligated to pay a late charge in the amount of Twenty Five and No/100 Dollars ($25.00) per month until paid with DECLARATION OF COVENANTS PAGE 16 0F 47 respect to any Assessment or portion thereof which is not paid within thirty (30) days after the date due or such other greater amount as determined from time to time by the Board.
NANTS PAGE 16 0F 47 respect to any Assessment or portion thereof which is not paid within thirty (30) days after the date due or such other greater amount as determined from time to time by the Board.
(e) Without limiting the terms and provisions of this Section 3.9, the Association, the Association’s attorney or Declarant may file notice of any delinquency in payment of any they are current or delinquent and agénts may impose a reasonable fee for ) bona fide mortgage or deed of trust liens for purchase money and/or home improv urposes placed upon a Lot in which event the Association’s lien shall automatically become subordinate and inferior to such lien; liens for taxes or other public charges as are by applicable law made superior to the Association’s lien; and DECLARATION OF COVENANTS PAGE 17 OF 47 (c) such other liens about which the Board may, in the exercise of its reasonable discretion, may elect to voluntarily subordinate the Association’s lien; provided however, such subordination shall apply only to (i) the Assessments which have been due and payable prior to the foreclosure sale (whether public or private) of such Lot pursuant to the terms and conditions of any Certificr e Association or its agent shall not be required to issue a Resale Certificate until payment for the cost thereof has been received by the Association or its agents. Transfer fees and fees for the issuance of a Resale Certificate are not refundable and may not be regarded as a DECLARATION OF COVENANTS PAGE 18 OF 47 prepayment of or credit against any other Assessments. This Section does not obligate the Board or any third party to levy such fees.
ARTICLE IV GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION 4.1 Powers and Duties.
y other Assessments. This Section does not obligate the Board or any third party to levy such fees.
ARTICLE IV GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION 4.1 Powers and Duties.
(a) The Board, for the benefit of the Property and the Owner shall pay for out of the Maintenance Fund provided for in Section (i) Labor and materials to perform t oferty used in connection without limitation, the purchase and upkeep of any deayed perse with performing the Common Maintenance; (ii) The services to manage the Association or any separate portion thereof, to the extent d. ble by the Board, and the services of such Hey necessary or proper for the operation of the neNare’emiployed directly by the Board or by the manager, bgahand accounting services; personnel as the Board shall Association, whether such deemed appropriate by the Board, a policy or policies of insurance iatheyYagainst any liability to the public or to the Owners (and/or invitees or insuring t tothe operation of the Association, in an amount of not less than $1,000,000 to indemnNy agefinst the claim of one person, $3,000,000 against the claims of two or more persons in any one occurrence, and property damage insurance in an amount not less than $100,000 per DECLARATION OF COVENANTS PAGE 19 OF 47 occurrence, which policy or policies shall contain an endorsement providing that the rights of the named insureds shall not be prejudiced with respect to actions against other named insured.
Workmen’s compensation insurance to the extent necessary to comply with any applicable laws; Such fidelity bonds as the Board may determine to be advisable; (vii) Any other materials, supplies, insurance, furniture, Je Declaration or by law or which in its opinion shall be neceg
licable laws; Such fidelity bonds as the Board may determine to be advisable; (vii) Any other materials, supplies, insurance, furniture, Je Declaration or by law or which in its opinion shall be neceg protection of the Association or for the enforcement ofthis Deck (b) The Board shall have the follow (i) To borrow fuKQ fo f UU.
pledge of rights against delinquent Own QS i ts, maintain one or more bank accounts (granting " SS persons so sign checks), and, generally, to have §,to the operation and management of the Association; itional rights, powers and duties: of operation, secured by assignment or sees fit; 0 provide adequate reserve for maintenance and repairs; To make reasonable rules and regulations for the maintenance and eCofMmmon Maintenance Areas, and to amend them from time to time, provided that any rule gfilation may be amended or repealed by an instrument in writing signed by a majority of the Members; DECLARATION OF COVENANTS PAGE 20 OF 47 (v) To adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property, and if the proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency; (vi) To enforce the provisions of this Declaration and any rules made (vii) To establish and collect reasonable fees for use of ary facilities located in a Common Maintenance Area.
4.2 Board Powers; Exclusive. The Board shall have the exc all goods, services, and insurance, payment for which is to be the exclusive right and obligation to perform the fyagtions 0 provided herein.
4.3 Liability Limitations, Neitke?
ARTICLE V EASEMENTS Easement Reserved for the Association, Full rights of ingress and egress shall be had
and obligation to perform the fyagtions 0 provided herein.
4.3 Liability Limitations, Neitke?
ARTICLE V EASEMENTS Easement Reserved for the Association, Full rights of ingress and egress shall be had by the Association at all times over and upon each Lot and the Property for the carrying out by the DECLARATION OF COVENANTS PAGE 21 OF 47 Association of its rights, functions, duties and obligations hereunder, including (but not limited to) access to both front and bank yards for the purposes of lawn mowing and maintenance.
5.2 Rights Reserved by Declarant. Declarant hereby reserves temporary construction easements for the construction, repair, removal, maintenance, and reconstruction of improvements out of any such construction or other activities by Dec the Association.
5.3 Rights Reserved to Muni Companies. Full right of ingress and eg ad by Declarant, the County, any municipal and/or other governmental authé iction over the Property, and any utility company t all times over any dedicated easement for (a) the eand police protection, inspection and enforcement of applicable laws or ordinances, together with the right to remove any Vehicle or obstruction that may be placed in such easement that would constitute interference with the use of such easement or impair emergency access. All DECLARATION OF COVENANTS PAGE 22 OF 47 claims for damages, if any, arising out of the construction, maintenance and repair of utilities on account of temporary or other inconvenience caused thereby against the Declarant, or any utility company, the County, municipality or other governmental authority, or any of its agents or servants, are hereby waived by each Owner and the Association. Declarant further reserves the right to alter, governmental authority, if required.
ARTICLE VI ©)
ntal authority, or any of its agents or servants, are hereby waived by each Owner and the Association. Declarant further reserves the right to alter, governmental authority, if required.
ARTICLE VI ©) PROTECTIVE COVENA 6.1 Residence Purposes Only. Each Lot andQwellin | be used exclusively for intended for or adapted to business single family residential purposes only. No building o sanatorium or doctor’s office, or other m f dwelling shall be erected, placed, permitted o improvement or structure whatever, other than an two (2) stories in height, patios, or garages may be e€xclusive of roofed or unroofed porches, terraces, garages, and other outbuildings and shall be computed from the faces of the exterior walls. Except as herein provided for a Model Home, each Dwelling Unit shall have a fully enclosed garage for not less than two (2)cars, which DECLARATION OF COVENANTS PAGE 23 OF 47 garage shall be available for parking automobiles at all time without any modification being made to the interior of said garage. The garage portion of any Model Home may be used by the builders for sales purposes, storage purposes, and other related purposes. Upon (or prior to) the sale of said Model Home to the first purchaser thereof, the garage portion of the Model home shall be converted to a fully enclosed garage.
6.3 Building Materials. No Dwelling Unit shall be erected on a Lot of-n than brick, stone, hardi stucco, brick veneer, or other masonry material unles ih abd naxfed materials constitute at least eighty percent (80%) of the outside walls, ex: hind areas of the Dwelling Unit, with the remainder being cementiq d> wood, or hardi-panel
nry material unles ih abd naxfed materials constitute at least eighty percent (80%) of the outside walls, ex: hind areas of the Dwelling Unit, with the remainder being cementiq d> wood, or hardi-panel siding. Wood or hardi-panel siding may be use on the fyant three ay Dwelling for dormers and setbacks that do not account for more than thirty pe %) of wall area per view. The front of any Dwelling must be constructed on one t (100%) masonry comprising either brick, stone, traditional stucco, brick ven asonry material. All siding shall be painted , synthetic, stucco, plastic, aluminum or other atyAind, size, shape or color is prohibited anywhere on the 0 Lot shall be used in whole or in part for the storage of rubbish of with at least two coats of pai metallic siding, roofing or exterior of any Dwelli cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding property. No weeds, underbrush or other unsightly growths shall be permitted to DECLARATION OF COVENANTS PAGE 24 OF 47 grow or remain upon the Lot, and no refuse pile or unsightly objects shall be permitted to be placed or suffered to remain anywhere thereon.
6.5 Entry and Fence Maintenance. Notwithstanding any provision hereof to the contrary, until the turn-Over Date (defined below), any decorative fence, landscaping, and entrance fence, landscaping, and entrance landscaping (or the Agsociattag, if itso elects) shall at its own expense, maintain such fence, landscaping, and e dscaping on such Lot. No other structure shall be place or permitted to rem&pri Go»: vehicular access over the area shall be permitted except for the purpose of ins¢fllapi maintenance of such facilities and easements
Lot. No other structure shall be place or permitted to rem&pri Go»: vehicular access over the area shall be permitted except for the purpose of ins¢fllapi maintenance of such facilities and easements anima ufnbers in excess of two (2) which may be kept for the purpose of companionship for the private family, provided they don not create a nuisance, it being the purpose and intention hereof to restrict the use of said Lot so that no Owner shall quarter on the Lot horses, cows, hogs, sheep, DECLARATION OF COVENANTS PAGE 25 OF 47 goats, guinea fowls, ducks, chickens, turkeys, or any other animals that may interfere with the quietude, health or safety of the Subdivision. Pets are to be confined to the enclosed side and rear yards of the Lot only, and all yards are to be cleaned of pet debris and pet waste on a regular basis.
Further, no owner shall keep or allow to be kept on Owner’s Lot a dog belonging to a breed commonly used as a guard dog or attack dog, such as a pit bull, doberman pincher, roftweiler, german shepherd, or the like.
normally associated with and convenient to the development Of fthe Pr y and the construction and sale of Dwelling Units on the Property.
6.8 Signs/Flags and Picketing. No signs or4la public view on any Lot with the followinX py Pop Declarant for the construction, develop € , promotion and sale fo the Lots; and (ii) for the patriotic display of flags ng Ce (4') by six foot (6') in size shall be permitted.
Flags may be mounted on 4 Dwptt Tt o more than one flag per Lot may be displayed at any ll be kept, placed or displayed to the ns: (i) as deemed reasonable by the one time. Accent light aoy is not permitted. No sign may be placed on the Common Maintenance Ar
r Lot may be displayed at any ll be kept, placed or displayed to the ns: (i) as deemed reasonable by the one time. Accent light aoy is not permitted. No sign may be placed on the Common Maintenance Ar the Boasd_ne’campers, trailers, commercial vans, commercial pickup trucks, boats, boat trailers, recreational vehicles and other types of non-passenger Vehicles displaying any message intended for public view, equipment, implements or accessories may be kept on any Lot unless the same are DECLARATION OF COVENANTS PAGE 26 OF 47 fully enclosed within the garage on such Lot. The Association shall have the right to tow and remove such Vehicle and/or accessory at such Owner’s expense if such Vehicle and/or accessory is not removed by the Owner within two (2) days following notice to such Owner by the Association. Any costs and expenses incurred by the Association in so curing such default shall constitute a Default Assessment pursuant to Section 3.1 above.
institutional or other non-residential purposes.
6.11 Building Standards. No Dwelling Unit or build any Lot unless it complies with all applicable governmeatal req ents’ including any applicable building codes, zoning ordinances, rules and captor No Dwelling Unit or building shail be erected, placed or alteredQn an op Subdivision until the building plans, landscape plans, specifications and Lot Ss approved in writing by the Declarant or its authorized representatives. Ma (CO. any alteration shall replicate that of the original exdeed the percentage of masonry that exists for the Dwelling structure. Additions must Unit prior to the additig o> ngs. No detached accessory buildings, including, but not limited to, “a storagebin Ss, shal] Be erected, placed or constructed upon any Lot.
ling structure. Additions must Unit prior to the additig o> ngs. No detached accessory buildings, including, but not limited to, “a storagebin Ss, shal] Be erected, placed or constructed upon any Lot.
ight Distances. No fence, wall or hedge shall be placed on any Lot except for Subd én entry fences, and rear yard fencing which shall not be of a height greater than four (4) feet from the natural ground elevation and of similar material, color and design of existing DECLARATION OF COVENANTS PAGE 27 OF 47 Subdivision wrought iron perimeter fencing. Screening walls adjoining the residence with the iron fencing shall be no higher than six (6) and extend no further than eight (8) feet from rear of residence. Acceptable screening wall materials can be vinyl or metal. Redwood or cedar can also be used if properly sealed and maintained by the homeowner. All fencing shall be approved by the ACC and shall be constructed of wrought iron with a 48" pass through gate located on eac eof fence.
or Dwelling Unit unless within the envelope of a building orn screened from public view.
6.15 Chimneys. All fireplace flues, smok d spark arrestors shall be approved by the ACC. © 6.16 Clothes Hanging Device: “NS es hanging or drying devised shall not be permitted in the Subdivision.
hung, fixed or as otherwise approved by the ACC. Burglar bars, mesh, security or solar screens are also prohibited. No window unit air conditioners or evaporative coolers are permitted.
DECLARATION OF COVENANTS PAGE 28 OF 47 6.18 Temporary Structures. No structure of a temporary character, mobile home, trailer, including boat trailers, basement, tent, shack, barn or other building shall be used on any Lot at any time as a Dwelling Unit, either temporarily or permanently, except as the Declarant or the ACC may
ncluding boat trailers, basement, tent, shack, barn or other building shall be used on any Lot at any time as a Dwelling Unit, either temporarily or permanently, except as the Declarant or the ACC may grant permission for temporary buildings or structures to be placed on Lots for storage of materials be located only in the rear yard of the Lot.
6.19 Building Colors. No Dwelli any color other than that the original col to 20 year Architectural Ce brown, or “weathered y atets, vent stacks and flashing must be painted to match or blend with the color of the roof or brick as appropriate. No weather vanes, finials or roof ornaments are permitted unless DECLARATION OF COVENANTS PAGE 29 OF 47 permitted by the Declarant, its authorized representative or the ACC after Declarant no longer owns a Lot.
6.22 Window Awnings. Window awnings are not permitted on the front side ofa Dwelling Unit. If window awnings are installed on the side or back of a Dwelling Unit, such window awning 6.24 Drainage. Gutters and down spouts shall match the col = existing trim of the Dwelling Unit.
6.25 House Numbers. House numbers locgted welling Unit shall be maintained as originally installed. © 6.26 Storm and Screen Door Se storm doors shall have a nine (9) inch Mailboxes. All mailboxes shall be maintained as installed at the time the Dwelling Unit was constructed, DECLARATION OF COVENANTS PAGE 30 OF 47 6.28 Setbacks. No Dwelling Unit or building shall be located on any Lot near the front Lot line or nearer to the side street line that the minimum building set back lines shown on and /or described in the Plat.
6.29 Trellises and Arbors. Any gazebos, trellises or arbors are not allowed except in the back yard of the lot.
6.30 Playhouses. Only one (1) playhouse is permitted per Lot and is noLpext
in the Plat.
6.29 Trellises and Arbors. Any gazebos, trellises or arbors are not allowed except in the back yard of the lot.
6.30 Playhouses. Only one (1) playhouse is permitted per Lot and is noLpext from any boundary line and shall not be located in the front yard.
6.31 Sheds and Tool Storage Facilities. No sheds ol sto ilities shall be kept or placed on any Lot unless approved in advance by tha ACC.
Nerly manner, watered, free of weeds, or afterwards grown, so as tof djoining property, such encroachment shall be he adjoining property. It shall not be mandatary for a yard to contain an autopratioyrNgation system.
6.33 > s. Yard decorations, statuary and furniture (i.e., plastic flamingos, in height nor be of colors other than neutral earthtone shades. Notwithstanding the foregoing, Owners may use customary yard decorations relating to (i) Halloween during the month of October, DECLARATION OF COVENANTS PAGE 31 OF 47 (ii) Christmas from Thanksgiving Day to January 10, (iii) baby announcements during the two weeks following the birth of the baby, and (iv) patriotic displays supporting the United States and/or United States military during the day of the particular United States holiday.
6.34 Trees. (a) No living tree shall be removed without the prior written approval of the 6.34 will decide what is “like size” and quality. All tree stumps (must (b) No additional tree may be plantgdon a L he approval of the ACC.
6.35 Gas/Water Purification Tanks/Syste installation and use of any propane, butane, LP Gas or other gas tank, bottle okey in ype (except in portable gas grills) is yard or driveway of such Any watexptrification tank or system desired by an Owner shall be installed and used onl made 0 e stepping blocks, brick, concrete pavers, stone, pressure treated wood or
) is yard or driveway of such Any watexptrification tank or system desired by an Owner shall be installed and used onl made 0 e stepping blocks, brick, concrete pavers, stone, pressure treated wood or Basketball Backboards, Basketball backboards may not be installed without the prior approval of the ACC.
DECLARATION OF COVENANTS PAGE 32 OF 47 6.38 Sports Courts. The construction of sports courts or tennis courts is not permitted on any Lot.
6.39 Qutdoor Lighting. There shall be no additional lighting allowed to the front of any dwelling. Wattage is limited to 150W maximum. No barnyard lights (metal halide) or sodium vapor 6.41 6.42 Retaining walls should be a minimum hes nplish the desired split in grade.
6.43 Parking. Parki g i ivision is restricted as follows: e ing of Vehicles is not allowed in Fire Lanes as depicted on Plat.
Owner’s Dwelling Unit.
DECLARATION OF COVENANTS PAGE 33 OF 47 (ii) No Vehicle of any sort shall be left on the landscaped portion of the front yard, rear or side yards of any Lot.
(iv) Vehicles advertised for sale or lease are not permitted to be parked on any street or driveway at any time.
(v) No Vehicle of any sort is permitted to be parked with a coYek over such Vehicle anywhere on a Lot or on the street.
(vi) No vehicle shall be parked in an overflow parkin forty-eight (48) hours.
6.44 Offensive Activity. Neither noxious or offensi 6\activity shall be carried on or upon any Lot, nor shall anything be done thereoawvhich Ybecome an annoyance or nuisance to the Subdivision.
6.45 Construction Exceptions, N@wit ything contained in this Article VI to the contrary, Declarant may grant permisg/ r orary buildings, structures, lighting and other al and reasonable construction debris, flags and/or
ticle VI to the contrary, Declarant may grant permisg/ r orary buildings, structures, lighting and other al and reasonable construction debris, flags and/or 6.46 Drilling and Mining Operations. All oil drilling, water drilling or mineral development operations, oil refining, quarrying or mining operations of any kind shall be permitted DECLARATION OF COVENANTS PAGE 34 OF 47 upon the surface of the Subdivision; excepting, that upon compliance with all applicable laws, including, but not limited to, regulations by the Department of Housing and Urban Development, the Federal Housing Authority, Veterans Administration and any other applicable agency, department, commission, board, bureau, or instrumentality of any governmental authority of the from the well sites located on land other than the Property.
6.47 Re-subdivision or Consolidation, No Lot ma’ person, except the Declarant. However, any person awning consolidate those Lots provided that such consolidati lies with all restrictions set forth in the Declaration and applicable law. © be permitted.
DECLARATION OF COVENANTS PAGE 35 OF 47 C. Mechanical repair of automobiles, campers, boats, trailers, or recreational vehicles is not permitted within the property. General maintenance of vehicles may be accomplished within the confines ofa closed garage. Engine oil or other waste products mut be returned to proper recycling facility and not stored on site.
D. No activities shall be conducted upon or adjacent to any Lot or within the while attended and being used for cooking.
E, No fireplace or wood-burning stove shafl b€1 : uSed on any lot unless it meet the requirements, standards, and recommendation environmental or air pollution control authorities.
g used for cooking.
E, No fireplace or wood-burning stove shafl b€1 : uSed on any lot unless it meet the requirements, standards, and recommendation environmental or air pollution control authorities.
Property or a Lot, nor erection of or changes to or additions in fences, hedges, walls and other structures, nor construction of any swimming pools or other improvements, shall be commenced, DECLARATION OF COVENANTS PAGE 36 OF 47 erected or maintained until (1) a preliminary sketch showing basic plans and general specifications of same shall have been submitted and approved by the ACC appointed by the Board, and (2) the final plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC or by the Board as to or maintained by Declarant. A copy of the approved plans and drawings phé Owner to the ACC and retained by the ACC. In the event the ACC ort dard fails to approve or disapprove such design and location within fortyjve (4 er the said plans and specifications have been submitted to the ACC, or, inthse%ent, if no suit to enjoin the additions, alterations or changes has been commence) 10 pletion thereof, approval will not be THE ACC MAY FROM TIME TO TIME, PUBLISH AND PROMULGATE ARCHITECTURAL STANDARDS BULLETINS AND/OR DESIGN GUIDELINES COVERING DECLARATION OF COVENANTS PAGE 37 OF 47 ALL OF THE PROPERTY OR COVERING ALL OR A PORTION OF THE PROPERTY. SUCH BULLETINS AND GUIDELINES SHALL SUPPLEMENT THESE COVENANTS AND ARE INCORPORATED HEREIN BY REFERENCE PRIOR TO ACQUIRING ANY LOT OR CONSTRUCTING ANY STRUCTURE ON ANY LOT, EACH PROSPECTIVE PURCHASER, GUIDELINES WHICH WILL CONTROL THE DEVELQPME (% LANDSCAPE AND USE OF THE LOT AND THE STRU€ TURES? BE’ CONSTRUCTED THEREON.
ANY LOT OR CONSTRUCTING ANY STRUCTURE ON ANY LOT, EACH PROSPECTIVE PURCHASER, GUIDELINES WHICH WILL CONTROL THE DEVELQPME (% LANDSCAPE AND USE OF THE LOT AND THE STRU€ TURES? BE’ CONSTRUCTED THEREON.
THE ARCHITECTURAL STANDARDS BULLI AND DESIGN GUIDELINES MAY CONTAIN STANDARDS, REQUIREMEQ?S Gp) TIONS IN ADDITION TO THOSE of mistal dgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that he will not bring any action suit DECLARATION OF COVENANTS PAGE 38 OF 47 against Declarant, the Association, the ACC, the Board or the officers, directors, members, employees and agents of any of them, to recover any such damages and hereby releases and quitclaims all claims, demands, and causes of action arising out of or in connection with any judgment, negligence or nonfeasance and hereby waives the provisions of any law which provides ARTICLE I GENERAL PRQ 8.1 Power of Attorney. Each ake gnd Member hereby makes, constitutes and appoints Declarant as such Owner’s attorney-in-fact coupled with an interest and irrevocable, for Owner and in Ace and stead and for Owner’s use and benefit, to do the following: (a) or perform any act, right, power, duty or obligation whatsoever in connection wi of, or relating to any matter whatsoever involving this Declaration and th b) to sign, execute, acknowledge, deliver and record any and all instruments which , amend, change, enlarge, contract or abandon the terms within this Declaration, or any part thereof, with such clauses(s), recital(s), covenant(s), agreement(s), and restriction(s) as DECLARATION OF COVENANTS PAGE 39 OF 47
e, contract or abandon the terms within this Declaration, or any part thereof, with such clauses(s), recital(s), covenant(s), agreement(s), and restriction(s) as DECLARATION OF COVENANTS PAGE 39 OF 47 Declarant shall deem necessary, proper and expedient under the circumstances and conditions as may be then existing; and (c) to sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract or abandon the Subdivision Plan(s) of the Property, 8.2 Duration, This Declaratio alll and bind the land subject to this DS rceable by the Association and/or the Owner of any land subject to this Dec LR ctive legal representatives, heirs, successors and until all Lots owned by the Declaration have been seld and cs Voy Declarant to Class A Members.
Declaration, and shall inure to the benefit assigns, for an original tw ) year term, expiring on the twenty-fifth (25th) anniversary of the date of recorda Declaration, after which time this Declaration shall be provided, however, no such agreement [where approved by less than seventy-five percent (75%) of the Owners of all Lots within the Property] to abolish shall be effective unless recorded one (1) year in advance of the effective date of such abolishment.
DECLARATION OF COVENANTS PAGE 40 OF 47 8.3. Amendments. This Declaration is expressly subject to change, modification and/or deletion by means of amendment at any time and from time to time as provided herein. This Declaration may be amended and/or changed in part as follows: (a) In respect to any governmental or quasi-governmental suggestion, guideline, (c) Declaration may be a percent (75%) o e pdxpént (75%) of the votes of the Members of the Association entitled to vote
(a) In respect to any governmental or quasi-governmental suggestion, guideline, (c) Declaration may be a percent (75%) o e pdxpént (75%) of the votes of the Members of the Association entitled to vote ata meeting duly called for such purpose. Any and all amendments shall be recorded fe Office of the County Clerk of Tarrant County, Texas.
8.4 Enforcement. Each Owner of each Lot shall be deemed, and held responsible for the acts, conduct and omission of each and every Resident, Member, guest and invitee affiliated with DECLARATION OF COVENANTS PAGE 41 OF 47 such Lot, and such liability and responsibility of each Owner shall be joint and several with their Resident(s), Member(s), guests and invitees. The Board shall have the power and authority to impose reasonable fines (which shall not exceed $500.00 for each separate violation) for violation of this Declaration, any design guidelines or any rule or regulation of the Association, which shall rneys’ fees, from the non-prevailing party.
. Violation of or failure to comply with this Declaration shall not affect the mortgage, bona fide lien or other similar security instrument which may then be existing on any Lot. Invalidation of any one or more of the provisions of this Declaration, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or DECLARATION OF COVENANTS PAGE 42 OF 47 Covenants herein contained, which shall remain in full force and effect. In the event any portion of this Declaration conflicts with mandatory provisions or ordinances or regulations promulgated by the City or other governmental authority, then such municipal or governmental requirement shall control.
8.6 Headings. The headings contained in this Declaration are for reference purpdseg only
ted by the City or other governmental authority, then such municipal or governmental requirement shall control.
8.6 Headings. The headings contained in this Declaration are for reference purpdseg only an exclusive, exhaustive or limiting list of what can o~gannot be 8.7 Registration with the Association. (a id every Owner, Member and Resident shall have an affirmative duty and obli gatiok ide, and thereafter revise and update, or within fifteen (15) days after a material ehas\occurred, various items of information to the f each Owner, Member and Resident; (b) the full e(uested from time to time by the Association, In the event any Owner, Member or Resident fails, neglects or refuses to so provide, revise and update such information, then the Association may, but is not required to, use whatever means it deems reasonable and appropriate DECLARATION OF COVENANTS PAGE 43 OF 47 to obtain such information and the offending Owner, Member or Resident shall become automatically jointly and severally liable to promptly reimburse the Association for all reasonable costs and expenses incurred in so doing.
8.8 Notices to Resident/Member/Owner. Any notice required to be given to any last known address of such person within the Property.
8.9 Disputes. Matters of dispute or disagreemery Owners, Residents or Members with respect to interpretation or applicatign.o rovisions of this Declaration or the 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 DECLARATION OF COVENANTS PAGE 44 OF 47
f 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 DECLARATION OF COVENANTS PAGE 44 OF 47 by and subject to all the provisions of the Declaration, any 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 ins aid deed.
8.12 Notice of Sale, Lease or Acquisition. In the event an Owner sells or leases such entities acquiring title to a Lot at a foreclosure sale.
8.13 Occupants Bound. All provisions of the rules promulgated by the Board which g provide for sanctions against Owners shg Lot. Any lease on any Lot sh Q shall be bound by the te c Association.
applicable. This section is not intended to limit or restrict in any way the lien or rights granted to the Association by this Declaration, but to be construed in its favor.
DECLARATION OF COVENANTS PAGE 45 OF 47 8.15 Soil Movement. Each Owner acknowledges that the failure or exercise movement of any foundation of any Dwelling Unit can result in the diminished value and overall desirability of the entire Property. Each Owner agrees and understands that the maintenance of the moisture content of the soil on each Lot is necessary to preserve the structural integrity of each Dwelling Unit in the Property. Each Owner also acknowledges that the long term value and desirabilify ‘of the Property is contingent upon each Owner maintaining its Dwelling Unit so that no or excessive soil movement occurs within the Property.
EACH OWNER IS HEREBY NOTIFIED THAT THE SOIL COf D/OR. ION OF THE SOIL IN TEXAS IN GENERAL AND THE PROPERTY IN PARTI AR CONDITION OF THE LOTS MAY RESULT IN THE SWELLING A
nt occurs within the Property.
EACH OWNER IS HEREBY NOTIFIED THAT THE SOIL COf D/OR. ION OF THE SOIL IN TEXAS IN GENERAL AND THE PROPERTY IN PARTI AR CONDITION OF THE LOTS MAY RESULT IN THE SWELLING A AND AROUND THE LOT IF THE OWNER OF OT DOES NOT EXERCISE THE PROPER CARE AND MAINTENANC pes MOVEMENT. \ (Co precautions, damage, settlement, movement or cS lure may occur. Owners are highly encouraged to install REQUIRED TO PREVENT SOIL any damage, settlement, movement or upheaval to the foundation, structural failure, or any damage to pay other part of the Dwelling Unit caused by Owner’s failure to exercise proper care and DECLARATION OF COVENANTS PAGE 46 OF 47 maintenance of the soil required to prevent soil movement, and hereby releases and forever discharges all Builders and Declarant and their respective shareholders, members, officers, directors, partners, employees, agents, representatives, affiliates, attorneys, successors and assigns, of and from any and all claim for the relief and causes of action, liabilities, damages and claims whatsoever, drainage of any Lot.
IN WITNESS WHEREOF, the Declarant has gaused this pfent to be executed as of the 9" day of January, 2007.
Texas Development Corporation a> NAT, stn tei'e, TIMOTHY LAMELL RICHARDSON 2 :§ Notary Public, State of Texas SF es My Commission Expires AEE BEES January 14, 2007 anes My commission expires: _/7 / g "oe / DECLARATION OF COVENANTS PAGE 47 OF 47 | MAYO MENDOLIA & STARR LLP 5189 E t-20 NORTH SERVICE RD #104 WILLOW PARK TX 76087 Submitter: MAYO MENDOLIA ET AL SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 Filed For Registration: 01/26/2007 1A 20 ANYPR ON WHICH RESTRICTS THE SALE, RENTAL OR USE OF T CRIBED REAL PROPERTY BECAUSE OF COLOR OR
COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 Filed For Registration: 01/26/2007 1A 20 ANYPR ON WHICH RESTRICTS THE SALE, RENTAL OR USE OF T CRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.