Document

$55.00 85-90147-FC/lt/pc How 21 y 66-69 THIS DOCUMENT IS BEING REFILED TO RECORD IN TARRANT COUNTY RECORDS RATHER THAN CONDOMINIUM RECORDS 2000 344241 55.00 WD 606/06/8든 CONDOMINIUM RECORD VOLUME 21 2000 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR TRINITY RANCH 55.000 08/24/85 Unofficial Copy TARRANT COUNTY, TEXAS VCL 8288 PAGE 1075 Il.

TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRINITY RANCH ARTICLE ! —- DEFINITIONS 1.01 Apartment Complex 1.02 Apartment Unit 1.03 Architectural Review Committee 1.04 Certificate of Occupancy 1.05 Condominium Building 1.06 Condominium Unit 1.07 Declarant 1.08 Declaration 1.09 Design Guidelines 1.10 Estate 1.11 Lot IN 1.12. Owner 1.13 Property oe 1.14 Supplemental Deciarati 1.15 Supplementary De i 1.16 Tract o ARTICLE Il Declaration roperty Subject to Declaration jec 01 Limitations Certificate of Compliance - Drilling and Mining Operations Offensive Activities Commercial Use on Residential Estate Clotheslines Antennas Trash Receptacles and Collection Temporary Structures and Vehicles Signs External Sculptures and Like Accessories rose amano 3.02 Landscaping, Walls and Fences a. Landscaping Plan b. Maintenance of Landscaping and Sprinkler System c. Fences 3.03 Streets, Sidewalks and Exterior Lighting & 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 ww NMDUMUMN Uo es NI OnN 8 VOL S288 prce 1076 Et a *.

% 3.04 3.05 3.06 ARTICLE IV - ARCHITERR a. Alignment, Size and Composition of Streets b. Sidewalks c. Exterior Lighting Oc oO Architectural Control a. Architectural Control b. Screening of Service Equipment c. Utilities 9 d. Paint 10 e. Construction Period 10 Failure to Maintain Estate 10 Additional Construction Standards f ertain ent Complexes, Condominium Buildings, merc uildings or Office Buildings 10

c. Utilities 9 d. Paint 10 e. Construction Period 10 Failure to Maintain Estate 10 Additional Construction Standards f ertain ent Complexes, Condominium Buildings, merc uildings or Office Buildings 10 a. Minimum Landscaping 10 b. Parking 10 c. Roofs on Parking Struct d. Trash and Receptacle COMMITTEE 11 4.01 11 4.02 12 4.03 12 4.04 13 4.05 13 4.06 15 4.07 15 4.08 15 4.09 and Unapproved Improvements 16 4.10 16 4.11 e of Compliance 16 4, Noncompliance or Noncompletion 16 H ment and Designation 17 eview Fee and Address 17 épection 17 Governmental Authorities 17 No Liability for Design Defects 17 RTICLE V - GENERAL PROVISIONS 18 5.01 Duration 18 5.02 Amendments 18 .

5.03 Enforcement 19 5.04 Limitation of Restrictions on Declarant 19 5.05 Termination of and Responsibility of Declarant 19 5.06 Owner's Compliance . + 20 5.07 Severability : 20 & ng Hanadinne 26 Jeug MOGI Gs Vol éaag Page love a ee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRINITY RANCH THIS DECLARATION OF COVENANTS, RESTRICTIONS FOR TRINITY RANCH is made this 16th 195 , by TRINITY RANCH JOINT VENTURE, a Texas joint WITNESSETH: WHEREAS, Trinity Ranch Joint Venture title owner of the real property described o made a part hereof for all purposes {and “Property"); and subjec ge simple interest in the covenants, conditions, restrictions, WHEREAS, Declarant desires Property to this Declaration and to easements, liens and charges herein set ™ old and convey title to the WHEREAS, Declarant will p covenants, conditions, restrictions, Property or any part thereog easements, liens and charges hereby covenants, agrees and declares t eld, transferred, leased, sold, conveyed Ants, conditions, restrictions, easements, liens NOW, THEREFOR that the Property all and occupied subj f and charges her ARTICLE |!

ants, agrees and declares t eld, transferred, leased, sold, conveyed Ants, conditions, restrictions, easements, liens NOW, THEREFOR that the Property all and occupied subj f and charges her ARTICLE |!

DEFINITIONS g 3 “Apartment Complex" shall mean and refer to a real estate apa lex project composed of one or more structures containing Apartment Units at least one (1) of which is to be rented to Owner, which project is erected on a lot, tract or parcel of y in the Property and for which a Certificate of Occupancy has edy by the appropriate governmental authorities. For purposes of this attached residential structures, as such term may be defined trom ime in the relevant zoning ordinances of the City of Benbrook, Texas, “ach be deemed to be an Apartment Complex and each single family dential unit within the duplex shall be deemed to be an Apartment Unit.

Section 1.02. "Apartment Unit" shall mean and refer to a_ single residential rental apartment in an Apartment Complex located within the Property.

Section 1.03. "Architectural Review Committee" shall mean and refer to that committee composed of three (3) members appointed in the manner set forth in Article IV of this Declaration which committee is appointed to provide for architectural control and design within the Property and to have and exercise such other powers and/or duties as are more specifically set forth in this Declaration.

OL B2RS race 2078 | ee, + x Section 1.04. “Certificate of Occupancy" shall mean and refer to any required certification issued by relevant governmental! authorifies as a prerequisite to the occupancy of all or any portion of any Estate.

Section 1.05. “Condominium Building" shall mean residential real estate condominium project composed of one ¢

ental! authorifies as a prerequisite to the occupancy of all or any portion of any Estate.

Section 1.05. “Condominium Building" shall mean residential real estate condominium project composed of one ¢ erected on a lot, tract or parcel of real estate out of or a ¥ containing two (2) or more Condominium Units, which co been specifically created and designated as a condomini 2 Article 1301(a) of the Texas Revised Civil Statutes im. 1963, as now ana hereafter amended or supplemented.

Section 1.06. "Condominium Uni wd refer to one (1) individual unit located within a Condofirfi g, together with an undivided interest in and to the commonkle ments} afsociated with such unit.

The term "Condominium Unit" shall hav ayie meaning as the term "apartment" as used in Article 130 a) of eXas Revised Civil Statutes, enacted in 1963, which permits the ‘sreXion of condominium regimes, as now and hereafter amended or supplemented.

ean and refer to Trinity Ranch wl the successors and assigns (if any) ppect to the voluntary disposition of al!

S21 Trinity Ranch Joint Venture or the pntially all of the right, title and interest of énd to the Property, where such voluntary disposition of righ? it terest expressly provides for the transfer and assignment of rinity Ranch Joint Venture as Declarant. No persons or ¢ asifig the Property or any part thereof from Trinity Ranch Join¢ De ordinary course of business shall be considered as Declarant.

Section 1.07. "Declarg Joint Venture, a Texas jojf> ve of Trinity Ranch Joint Verntytr or substantially all of the voluntary disposition of a y R. "Declaration" shall mean and refer to this Declaration @itions and Restrictions for Trinity Ranch.

1.09. "Design Guidelines" shall mean and refer to standards,

l of the voluntary disposition of a y R. "Declaration" shall mean and refer to this Declaration @itions and Restrictions for Trinity Ranch.

1.09. "Design Guidelines" shall mean and refer to standards, S—ef specifications published from time to time by the Architectural ommittee and governing the construction, placement, location, # maintenance or design of any improvements to the Property.

Section 1.10. "Estate" shall mean and collectively refer to a ndominium Unit, Apartment Complex, Lot, Tract and any other interest in fal property contained within the Property and owned by an Owner.

Section 1.11. "Lot" shall mean and refer to any lot, parcel or tract of real estate shown on any recorded subdivision map or plat as amended from time to time, to the extent such lot, plot, parcel or tract is a part of the Property, which is designated as a lot therein and which is or will be improved with one (1) single family attached or detached residential dwelling in conformity with the building restrictions contained herein; provided, however, the term "Lot" shall not include (i) any Condominium Unit in a Condominium Building or (ii) any jot, tract or parcel of real estate out of or a part of the Property which is or will be improved with an Apartment Complex.

-2- VL S288 prce1079 a a” CU + ¥.

Section 1.12. "Owner" shall mean and refer to each and every person or entity who is, alone or tocether with another person or entity, 4 record title owner of a fee or undiviced fee interest in any Lot, Condomnium Unit, Apartment Complex, Tract or any lot, tract or parcel of real estate or part of the Property; provided, however, the term "Owner" shall net i any person or entity holding a bona fide lien or security interest Condominium Unit, Apartment Complex, Tract or any lot, tract or a

rt of the Property; provided, however, the term "Owner" shall net i any person or entity holding a bona fide lien or security interest Condominium Unit, Apartment Complex, Tract or any lot, tract or a obligation.

Section 1.13. "Property" shall mean and refe property described on Exhibit "A" attached hereto an j hereof for all purposes, including any and all improvements additions of real property made subject to this Declaraty Supplemental Declaration prepared and filed of record pursua ovtsions of Article I} of this Declaration.

Section 1.14. "Supplemental Be<laration mean and refer to any Supplemental Declaration of Covenants, Ranch annexing additional property and ding the plan of this Declaration to such additional property, prepared provisions of Article 1! of mee aration" shall mean and refer to enahts, Conditions and Restrictions for pr amends this Declaration as to all or y th acto this Declaration and which is property OSC Article Il of this Declaration pertaining to QO SS shall mean and refer to umsubdivided, Sod within the Property, developed or to be developed resfdential use. The term "Tract" shall not include land a Condominium Building or an Apartment Complex or ithin a Lot.

Section 1.15. "Supple any Supplementary Declaratigna any part of the Prop filed and recorded Ax Supplemental Decia for residential_o upon which” j which is e ARTICLE Il PROPERTY ction 2.01 Property Subject to Declaration. The real property ed by this Declaration shall, be the Property (as defined herein), and any title or interest therein shall be owned, held, transferred, leased, sold, eyed and/or occupied by Declarant and any subsequent owner, lessee or otcupant of all or any part thereof, subject to this Declaration and the covenants, conditions and restrictions herein set forth.

eyed and/or occupied by Declarant and any subsequent owner, lessee or otcupant of all or any part thereof, subject to this Declaration and the covenants, conditions and restrictions herein set forth.

Section 2.02 Annexation of Property Subject to Declaration by Declarant. All or any part of any real property near and/or adjacent to the Property (the "“Additicnal Property"), whether or not such real property is contiguous to the Property, may be annexed to and become subject to this Declaration without the approval, assent or vote of the Owners provided that a Supplemental Declaration covering the real property sought to be annexed is -3- vol S288 exc 1080 executed and recorded in the office of the County Clerk of Tarrart County, Texas, by Declarant; provided, however, no Supplemental Declaration shall be (10) so executed and recorded pursuant to this Section 2.02 more than ten years subsequent to the date of execution of this Declaration witkoh approval of at least sixty-seven percent (67%) of the then Own Property. The execution and_ recordation by Declarant of RUCH Supplemental Declaration shall constitute and effectuate the anpe real property described therein, making any such real property is Ceclaration, and thereafter said annexed real property shall/P he Property. Although Declarant shall have the ability to or any Additional Property to this Declaration as provided abovg* - shall not be obligated to annex any of such real Property and property shall become subject to this Declaration unless d Yipplemental Declaration shall have been executed and recérde é ant as provided herein.

annexation authorized Zand filing of record in Coufty, Texas, a Supplemental estrictions for Trinity Ranch or ional real property. Any such Section 2.03. Supplemental Declarattp

nt as provided herein.

annexation authorized Zand filing of record in Coufty, Texas, a Supplemental estrictions for Trinity Ranch or ional real property. Any such Section 2.03. Supplemental Declarattp by this Declaration shall be accomplishg the office of the County Clerk of Declaration of Covenants, Conditions ar similar instrument, with respect to (the Supplemental Declaration may cg i additions, deletions and/or modifications of the covenangé> congiz estrictions, easements, liens and charges contained in this may be necessary to reflect the exed real property and as are not lan of this Declaration. In no event, éyta/ Declaration revoke, modify or add in the covenants, conditio ons, easements, liens or charges established by this Declaratio, ate to and affect that portion of the Property previously subje Claration.

different character, if any, oO substantially inconsistent y however, shall any swch T erty and each Estate situated thereon shall be constructed, develo gd and used as follows: fon 3.01. Use Limitations.

(a) Certificate of Compliance. No Estate or any other portion the Property sha e€ deemed to be improved or altered in compliance with this Article Hl or Article IV hereof until the Architectural Review Committee shall have issued a Certificate of Compliance with these covenants and restrictions to the Owner of such Estate or such other portion of the Property. Such Certificate shall be issued only after completion (as defined by the American Institute of Architects) of the “ subject improvements and shall be issued or denied within five (5) business days after the Architectural Review Committee has received a written request for such certification from the Estate Owner. Receipt of such written request for certification shall be confirmed in writing

ys after the Architectural Review Committee has received a written request for such certification from the Estate Owner. Receipt of such written request for certification shall be confirmed in writing by the Committee and certification shall be deemed given if not denied in writing within said five (5) business Gay period. Notwithstanding anything to the contrary, said certification shall not be in violation of eT carretera Dp any of the laws or ordinances of the applicable municipality having jurisdiction or any other applicable governmental laws, rules or regulations.

(b) Drilling and Mining Operations. Unless Ss approved in writing by the Architectural Review Committég drilling, water drilling or development operations, quarrying or mining operations of any kind shall be peg in any Estate, nor shall oil wells, water wells, tanks, excavations or shafts be permitted upon or in any Estat or other structure designed for use in boring fg il, \watuKal gas or water shall be erected, maintained or permitted uff ary Q (c) Offensive Activities. No be conducted on any Estate nor shall af or may become an annoyance or nuisa biher Estate Owners.

The Architectural Review Committee, in efsohable discretion, shall determine what constitutes a noXiO\s or O'N re activity. No animals, livestock or poultry of any kind all be raised, bred or kept on any Estate, except that dogs, cat er household pets may be kept, provided that they are no or maintained for commercial purposes and further Pyov!

or nuisance to other ate Residential Estates. No manufacturing, Adustry, profession, or other occupation ed or carried on upon any Residential Estate in any building or other structure erected sales or leasing offices and apartment leasing

tates. No manufacturing, Adustry, profession, or other occupation ed or carried on upon any Residential Estate in any building or other structure erected sales or leasing offices and apartment leasing jces, with the prior written approval of the Committee and compliance with local municipal (d) Commep trade, business, whatsoever Gat ba lothestines. No clotheslines may be maintained on any ikss Completely screened from public view.

{f) Antennas. No antenna, tower or receiving disc shall be ed on any Estate for any purposes, nor shall any antenna or tower be“ffixed to the outside of any dwelling on any Estate; except as May be allowed in writing by the Architectural Review Committee, in its sole discretion.

(g) Trash Receptacles and Collection. All trash receptacles shail be screened by fences or shrubbery so as not to be generally visible by the public, unless otherwise approved by the Architectural Review Committee in writing. Each and every Estate Owner shall observe and comply with any and all regulations or requirements promulgated by the appropriate governing municipality having jurisdiction, in connection with the storage and removal of trash and garbage. All Estates shall at all times be kept in a healthful, sanitary and attractive condition. No Estate shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers which shall be constructed of metal, plastic or masonry materials, with -5- yo. B2SS race L082 ee tightly-fitting lids, and which shall be maintained in a clean and sanitary condition. No Estate shall be used for open storage of any materials whatsoever, except that new building materials us

82 ee tightly-fitting lids, and which shall be maintained in a clean and sanitary condition. No Estate shall be used for open storage of any materials whatsoever, except that new building materials us construction of improvements erected on any Estate may be plece such Estate at the time construction is commenced 4 maintained thereon for a reasonable time so long as the sriction progresses without unreasonable delay, until i improvements, after which these materials shall eithg the Estate, or stored in a suitable enclosure garbage, trash, debris, or other waste matter-« burned on any Estate.

(h) Temporary Structures “and f temporary structure of any ki d/or” plagés_updén any Estate. No trailer, mobile home, tent, shack, eny other structure or building, other than the residential ® be built thereon, shall or permanently and no appurtenant thereto, shall be moved upon any Estate frdg other location; except, however, that Declarant reserves the exclusive t to erect, place and maintain, and to permit builders and erect, place and maintain such facilities in and up thé as in its sole discretion may be necessary or conwanon L period of and in connection with the sale of Estates, and selling of residential and non-residential strye “Constructing other improvements on the Property. Such ti ay include, but not necessarily be limited to, a tempo ice ing, storage area, signs, portable toilet facilities ~ g Declarant, Owners and builders shall also have thé RROrary t to use a residence situated on an Estate as a (Tice model home during the period of and in connection t d sales or leasing operations on the Property, but Ml a builder or Owner have such right for a period in gené“(1) year from the date of substantial completion (as

ing the period of and in connection t d sales or leasing operations on the Property, but Ml a builder or Owner have such right for a period in gené“(1) year from the date of substantial completion (as the American Institute of Architects) of such party's last the Property. Except as hereafter provided, any truck, boat trailer, trailer, mobile home, campmobile, camper, jénal vehicles or any vehicle other than conventional automobile ; if brought within the Property, be stored, placed or parked in the garage of the appropriate Estate Owner and concealed from view by other Estate Owners, unless the Architectural Review Committee, in its sole discretion, directs otherwise in writing. The Owner may designate areas (subject. to written approval by the Architectural Review Committee) within Estates improved with Apartment Complexes or Condominium Buildings where boats, boat trailers, recreational vehicles, campmobiles or Campers may be parked or placed within the public view.

(i) Signs. No sign or signs shall be displayed io the public view or any Estate except that: (i) Declarant may erect and maintain a sign or signs deemed reasonable and necessary for construction, development, operation, promotion, leasing and/or sale of the Estates: ; vol S288 rice 1083 Se ce ee (ii) Any builder, during the applicable initia construction and sales period, may utilize o professional sign (of not more than five (5) square fea in size) per Estate for advertising and sales promot Any additional signs larger than five (5) squaré desired by a builder or realty office to adverfi property during the construction and sales subject to the prior approval of the Review Committee: (iii) Thereafter, a dignified not more than five (5) square -feef>i to the Architectural Review Gom t

property during the construction and sales subject to the prior approval of the Review Committee: (iii) Thereafter, a dignified not more than five (5) square -feef>i to the Architectural Review Gom t by the Estate Owner of thefr sale of the Estate: unless akpftoved Architectural Review Committee (iv) All S identifying Aparement Complexes, Condominh Buildings, Commercial Buildings and Offi 4S shall be permitted if approved as to sife ion, design, illumination hyectural Review Committee.

n Guidelines promulgated by Committee shall be approved; and location Signs conformig the Architec and Notwithstanding anything herein contrary, any and all signs, if comply with all sign standards of the Priate governmental municipality having Qn, as such standards may be applicable to the External Sculptures and Like Accessories. All external ountains, flags an ike accessories on the Estate are approval of the Architectural Review Committee.

ion 3.02. Landscaping, Walls and Fences.

(a) Landscaping Plan. A landscaping plan approved by the rchitectura! Review Committee will be required with respect to the improvements on any Estate, however, the Architectural Review Committee may, in its sole discretion, waive this requirement.

(b) Installation and Maintenance of Landscaping and Sprinkler System. Eac ondominium Building, Apartment Complex, Commercia uilding and Office Building shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all landscaped areas. Weather permitting, areas appurtenant to any building shall be fully landscaped within ninety (90) days from the date the building is initially occupied. The Owners of the Estate shall be responsibie for the landscaping and maintenance of their Estates and

all be fully landscaped within ninety (90) days from the date the building is initially occupied. The Owners of the Estate shall be responsibie for the landscaping and maintenance of their Estates and the landscaped areas between their Estates and adjacent streets.

vol 8288 pace 1084 ee ee (c) Fences.

the Architectural Review Committee. All clothes] wood piles, tool sheds, air-conditioning equip sanitation facilities or other service facilities enclosed with fences, walls or landscaping, required by the Architectural Review Commi not to be generally visible by the otherwise approved in writing by tb Review Committee.

(ii) The Architect i rmhittee may from time to time promulgate governing the composition a walls, fences and hedges to ¢ upon Estates within the Propert g-" walls shall be incorporated into and grmonious with the overall landscaping plan develapes the Property.

of screening (iii) ANo which obstr i 6 feet above t to remain area formg Y hedge or shrub planting at elevations between 2 and $ shall be placed or permitted er Estate within the triangular treet property lines and a line points 25 feet from the intersection Yes, or in the case of a rounded rom the intersection of the street lines he same sight line limitations shall apply ave within 10 feet from the intersection of a gperty line with the edge of a driveway or fement. No tree shall be permitted to remain such distances of such intersections unless the line is maintained at a sufficient height to event obstruction of each sight line.

(iv) No chain link, wire or other open fencing will be allowed unless expressly approved in writing by the Architectural Review Committee.

Section 3.03. Streets, Sidewalks and Exterior Lighting.

(a) Alignment, Size and Composition of Streets. Alignment,

e allowed unless expressly approved in writing by the Architectural Review Committee.

Section 3.03. Streets, Sidewalks and Exterior Lighting.

(a) Alignment, Size and Composition of Streets. Alignment, size, composition of streets and a eys tit applicable) must be approved by the Architectural Review Committee and must comply with all relevant regulations and ordinances of the appropriate governmental municipality having jurisdiction.

(b) Sidewalks. Each public street shall have a sidewalk on each side, the size, location and materials of which must be approved by the Architectural Review Committee and must comply with standards set by the appropriate governmental municipality having jurisdiction.

-3- Vol 8288 pice 1085 © gy gee ap following requirements (except as may be modified by the Archi Committee from time to time): (c) Exterior Lighting. A street lighting plan showing steet light locations, spacing, standard types and light type and sizes must be submitted for approval to the Architectural Review Committee. No exterior light shall be installed or maintained within the Property, which light is found to be objectionable by the Architectural Review Committee. Upon being given notice by the Architectural view Committee that any exterior light is objectionable, the Owner Estate on which same is iocated will immediately remove sajds]i Section 3.04. Architectural Control. All structure (a) Architectural Control: No placed or altered on any Tot until consty and a plan showing the location of the § the Architectural Review Committee.

shall be altered, remodeled or changed alteration or remodeling have Review Committee.

ve-veen approved by no existing building exterior utility mast equipment must be ap Committee. No roof mo unless properly scrgé Review CommifAge.

hanged alteration or remodeling have Review Committee.

ve-veen approved by no existing building exterior utility mast equipment must be ap Committee. No roof mo unless properly scrgé Review CommifAge.

ting by the Architectural Review anical equipment shall be permitted mprovements situated on an Estate shall to the water and sewer lines as soon as after same are available at the Estate line.

y, cesspool or septic tank shall be placed or fed upon or in any Estate. The installation and g of any propane, butane, LP Gas or other gas tank, gttle or cylinder of any type, shall require the prior ritten approval of the Architectural Review Committee.

(ii) All telephone, electric, cable or other service lines shall be installed underground and _ shall meet all requirements of the appropriate governmental municipality having jurisdiction.

(iii) A general utility plan for the construction end installation of all utility and other services including but not limited to water, sanitary sewer, storm sewer, electric, telephone, cable and other services must be submitted to the Architectural | Review Committee for approval prior to installation. / { % B288 prct LO8G (d) Paint. All painted improvements and other painted structures on each Estate shall be repainted by the Owner thereof at such Owner's sole cost and expense as often as is reasonably necessary to insure the attractiveness and aesthetic quality of such Estate or improvement. The approval of the Architectural Review Compittee otherwise required for improvements under Article IV, shall required for such repainting so long as neither the color s the arrangement of the colors of any improvements, nor the any paint thereon is altered.

(e) Construction Period. Once commenced, be diligently pursued to the end that it may not be

either the color s the arrangement of the colors of any improvements, nor the any paint thereon is altered.

(e) Construction Period. Once commenced, be diligently pursued to the end that it may not be completed condition any longer than reasonably nege Sectior 3.05. Failure to Maintain Esta of any Estate shall fail after reasonable notice N & grass and/or other unsightly growth, the Architectural Revie or its agents, shall have the authority and right, but not the obliga to Yo onto said Estate for the purpose of mowing and cleaning saigk Estate 4 wl have the authority and right to assess and collect from th oN B state the expenses of mowing or cleaning said Estate on each Pespective occasion of such mowing or cleaning plus interest thereon at the higtrest ul rate. If any time, weeds or other unsightly growth on the Estate 4 inches (6") in height (nine inches (9") with respect to fact), the Architectural Review Committee or its agents, shall and authority, but no obligation, goss the Owner as aforesaid. The xpenses, together with such interest & costs of collection thereof, shall be a continuing lien upon each Estate against yAde. Each such assessment, together with TOT’ collection thereof, shal! also be the continuing Son who was the Owner of such Estate at the time red. Each and every Owner of any Estate, by the er conveyance of such Estate shall thereby covenant assessments. The lien securing any such assessment te Sd inferior to the lien of any mortgage and any renewals epf existing prior to the date of any such assessment.

assessments for any such thereon at the highe charge on the land which each such 2 such interest the 3 Additional Construction Standards for Certain ymplexes, Condominium Buildings, Commercial Buildings or Office

for any such thereon at the highe charge on the land which each such 2 such interest the 3 Additional Construction Standards for Certain ymplexes, Condominium Buildings, Commercial Buildings or Office . otwithstanding anything to the contrary contained in this Article following restrictions and standards shall apply to Apartment Complex oXdominium Building projects, and Commercial and Office projects as d in the applicable zoning ordinances: (a) Minimum Landscaping: Any portion of the Estate not covered by an impervious surtaces, i.e. buildings, parking areas, drives and other vehicular access areas, shall be landscaped open space.

(b) Parking: (i) subject to the provisions of subsections (ii) through (iv) immediately below, parking spaces - 10 - yor 8288 pace 1087 ee ee shall be provided in a manner which satisfies the parking requirements of the appropriate municipality having jurisdiction.

(ii) all of the foregoing parking requirements must be satisfied with off-street parking Spaces: (iti) parking shall be atlowed = only in designated parking areas, unless approved by the Architectural Review Committee: minimum of one (1) tree, except as otherwif by the Architectural Review Committee composition and esign of supporting structure on covered parking shall be compatible with that of e pros hich such structures relate.

h dumpsters shall be highly visible and 3) sides by walls wile with the appurtenant (d) Trash and Receptacle located in areas whigh a screened on a eag constructed of ma residential structur ICLE IV AL REVIEW COMMITTEE Shit¥ctural Review Committee. Declarant hereby eview Committee (hereinafter referred to as the ittee shall consist of from three (3) to five (5) ¥/owe mwé, and shall be initially designated by Declarant. Any

ural Review Committee. Declarant hereby eview Committee (hereinafter referred to as the ittee shall consist of from three (3) to five (5) ¥/owe mwé, and shall be initially designated by Declarant. Any (ep ttee (not including Declarant) may be removed, with or D ajority of the Committee. Declarant may not be removed eericurrence. Upon the death, resignation or removal of any Sommittee, a successor shall be designated by a majority vote of Waging’ members of the Committee. Neither the members of the e, Wor any designated representatives of the Committee shall be entitled bengation for services performed pursuant to this declaration. All establishes an Art "Committee").

members at a In the event that no members remain on the Conmittee, new members to the Committee can be chosen in the following manner: Upon the written request of ten percent (10%) of the then Owner's of Estates, a meeting shall be held for the purpose of selecting one or more members for the Committee. Reasonable diligence shall be used to notify the then Owner's of Estates of the time and place of the meeting and the puspose thereof. At such meeting, up to five (5) persons may be selected as members of the Committee. Each Owner of Estate(s), excepting therefrom, any land contained within public parks or -i- YoL 8288 eacc 1088 a ee dedicated rights-of-way, shall have one (1) vote for each acre of land, or corresponding fraction thereof, and the five (5) persons receiving the most votes shall be selected as members of the Committee.

Each member of the Committee shall act reasonably and in goo performing such member's duties and obligations under this Article Section 4.02 Basis of Approval. No subdivision be recorded against any portion of the Property and no,

hall act reasonably and in goo performing such member's duties and obligations under this Article Section 4.02 Basis of Approval. No subdivision be recorded against any portion of the Property and no, road, alley, drive, utility, parking structure, parking improvement, alterations to improvements or additions kind or nature shall be erected, placed or altered on a Property until, as applicable, all subdivision pla al and a plat plan have been submitted to 3 Z (b) conformity and ny of the external design, color, type and appearance of exter es and landscaping; to topography and finished grade "nd use on neighboring Estates and g authorized and empowered to consider and review any of Ncénstruction, construction of other improvements and Gyquantity of landscaping on the Estates, which may, in the on Of the Committee, adversely affect the living enjoyment or pre Estate Owners or the genera! value of the Property. Also, #S permitted to consider technological advances in design and Such comparable or alternative techniques, methods or materials not be permitted, in accordance with the reasonable opinion of the / The Committee shall have the authority to make final decisions in eting the general interest, effect and purpose of the restrictions and nts described in Article II! hereof.

and all location, en Any improvements constructed in accordance with plans = and Specifications approved by the Committee in accordance with its then applicable standards and requirements shall not be required to be changed because such standards are thereafter amended. The Committee shall review and set upon submitted plans and specifications in accordance with ‘the applicable time periods specified in Sections 4.04 and 4.06.

Section 4.03. Definition of "Improvement(s)". The term

shall review and set upon submitted plans and specifications in accordance with ‘the applicable time periods specified in Sections 4.04 and 4.06.

Section 4.03. Definition of "Improvement(s)". The term “Improvement(s)" shall mean and include all buildings and roofed structures, parking areas, fences, walls, poles, driveways, ponds, swimming poois, signs, changes in any exterior color or shape, glazing or reglazing of exterior ~ 12 - vo. 8288 prce 1089 % " windows with mirrored or reflective glass, streets, drainage facilities, utilities, roacs, alley paths, and any new construction or exterior impregV significantly altering the appearances of any of the foregoing. It also ik public streets, utilities, garden shrubs, tree replacements Kher landscaping, and subdivision plats or maps to be recorded agains or any portion thereof. It includes both original improvemenf# changes and improvements.

Section 4.04. Preliminary Plan Submissions, itectural Review Committee is authorized and empowered to, k , review and comment on proposed subdivision plats orf inBry \élans (for Estate, utility, street, road and alleyway en g as for construction of residences, Apartment Comple inium Buildings, Commercial Buildings, and Office Buildings in duplicate on an informal basis to assist Owners, developers and fe purchasers of all or portions of the Property in complying » applisab oVenants and restrictions and to assist in the completion of ibility studies undertaken by such persons or entities. If the preliminary or plans and specifications are approved by the Committee, one set Mil be retained by the Committee, and one complete set of ears plg able will be marked "Approved" er and returned to the Estate signated representative. If found

are approved by the Committee, one set Mil be retained by the Committee, and one complete set of ears plg able will be marked "Approved" er and returned to the Estate signated representative. If found contained in this Declaration such preliminary plats, plans and specifications as applicablé marked "Disapproved", and returned accompanied by a & q Q t of items found not to comply with the covenants, conditieh ctions contained herein. The Committee's approval 3 eduired herein, shall be in writing. If the Committee fail ar disapprove such plats or plans and specifications within fifteen é days after the date of submission, disapproval of the matters sy hall be presumed. All submittals shall be delivered via United States_h postage prepaid, registered or certified mail, or via express messenger/delive Srvice, or hand delivered by applicant or its agent to the Architec Gen” Committee. For the purposes of this Declaration, the date of submigs ll be defined as that date which the Architectural Review isfn/ receipt of said submittals. Comments on and approvals of aar\ plats or plans and specifications as applicable, shall be binding thd Architectural Review Committee provided that conforming final plans eciffcations or plats, as applicable, are submitted within ninety (90) days stVpreliminary comments or approvals.

Section 4,05. Plan Submissions. Final plats and plans and pécifications, as applicable, shall be submitted in duplicate to the Committee prior to the construction of any improvements. Such plats and plans and specifications, as applicable, shall include, to the extent applicable to the proposed improvements as determined by the Architectural Review Committee, the following:

ements. Such plats and plans and specifications, as applicable, shall include, to the extent applicable to the proposed improvements as determined by the Architectural Review Committee, the following: (a) A plat showing lot and finished floor elevations (untess otherwise specified by the Committee) and showing the location of all proposed improvements, structures, roads, alleyways, easements, utilities, patios, driveways, parking areas and structures, fences and walls. Existing and finished grades shall be shown at Property or Estate corners, aS applicable, and at corners of proposed improvements.

- 13- OL B28H pact 1090 Saggy arene OP eC, Property drainage provisions shall be included as well as cut and fill details if any appreciable change in the Estate contour is contemplated.

(b) Exterior elevations of all proposed buildings structures.

(c) A description of exterior materials, colors, shapes of all buildings and structures.

walls, (d) A landscaping plan, including walkway street elevation changes, watering systems, vegetation, furniture and sculpture.

(e) Roads, alleyways, parking Arg < yay plans.

(f) Screening including size, Wpcation arc |method.

(g) Utility connection of electrical, gas, water, sanitary sewer and telep (h) Exterior any, including location, manufacturer's fixture (i) Any public €tr ities to be built with the completed engineering design fg ¢ Rendighal floor plan of all enclosed spaces including one residential unit type, each recreation or service garages or parking facilities.

ire protection system.

) Location and name of all proposed streets, alleys, Ways and easements.

(0) Such other matters as may be required by the then Mpplicable zoning code of the municipal or governmental authority having jurisdiction over the Property.

osed streets, alleys, Ways and easements.

(0) Such other matters as may be required by the then Mpplicable zoning code of the municipal or governmental authority having jurisdiction over the Property.

(p) Signs, including size, shape, color, content, location, materials and illumination.

(q) Any other data or information requested or deemed reasonably necessary by the Architectural Review Committee.

The Committee may defer the date for submission of any of the matters described in Section 4.05(a)~(q). Including specifically, landscaping plans referenced at Section 4.05(d) by notice in writing to the person or entity requesting such deferral of the submission date.

- 14 - vol 8288 pace 2091 Ms %, Section 4.06. Approval Procedure. The Committee is authorized to request the submission of samples of proposed exterior construction materials end colors. At such time as the plats or plans and specificatio as applicable, are approved by the Committee one set of plats or plan§S ‘end specifications, aS applicable, will be retained by the Committee and one ta ete set of plat or plans and specifications, as applicable, will he Q "Approved" and returned to the owner or his designated repré found not to be in compliance with the covenants, conditions/dan contained in this Declaration, one set cf such plat or plans and as applicable, shall be marked "“Disapproved", accomparéd b statement of items found not to comply with the cove restrictions contained herein. The Committee's 5 required herein, shall be in writing. If the disapprove such plat or plans and specificatio within fifteen (15) calendar days after the date of submissio 2 érm has been defined herein), disapproval of the matters submitted sk Z umed. Any material app O approve or Committée for its inspection and

in fifteen (15) calendar days after the date of submissio 2 érm has been defined herein), disapproval of the matters submitted sk Z umed. Any material app O approve or Committée for its inspection and plats or plans and specifications, Sd in writing within fifteen (15) such modifications or changes applicable, must again be submitted to approval. Material modifications or changée as applicable, must be approved or gt calendar days after appropriate su shall be deemed to be approve gfipowered to consider and review any Sastruction of other improvements and S¢aping en the Estates, which may, in the P, adversely affect the living enjoyment or or the general value of the Property. Also, o consider technological advances in design and 2 or alternative techniques, methods or materials , in accordance with the reasonable opinion of the The Committee is authori and all aspects of const location, quality and i reasonable opinion use of one or morg the Committee j materials and 4 may or may not Committee.

approved by the Committee shall be diligently 4.07. Design Guidelines. The Committee may, from time to and promulgate Design Guidelines and such Design Guidelines planatory and illustrative of the general intent of the development of hroperty and are intended as a guide to assist the Architectural Review Amittee in reviewing plats or plans and specifications. In any event, such ésj4n Guidelines shall not be binding upon the Committee and shall not efistitute in every event the basis for approval or disapproval of plats, plans, specifications or other documents submitted to the Committee for approval.

Section 4.08. Variance. Upon submission of a written request for same, the Committee may, from time to time, in its sole discretion, permit

or other documents submitted to the Committee for approval.

Section 4.08. Variance. Upon submission of a written request for same, the Committee may, from time to time, in its sole discretion, permit Owners to construct, erect or install improvements which are in variance from the covenants and restrictions described herein. In any case, however, such variances shall be in basic conformity with and shall blend effectively with the general architectural style and design of the community. Written requests for variances shall be deemed to be disapproved if the Committee has not expressly and in writing, approved such request within fifteen (15) calendar days of the - 15 - vO. 8288 pace 1092 ee submission of such request. No member of the Committee shall be liable to any Owner for any claims, causes of action or damages arising out of the grant of any variance to an Owner, Each request for a variance submitted eunder shall be reviewed separately and apart from other such requests a of a variance to any Owner shall not constitute a waiver of the right to strictly enforce the covenants, restrictions and architecture dards provided hereunder, against any other Owner. CY Section 4.09. Nonconforming and Unapproved 0 The Committee may require any Owner to restore such Ow imgrevéments to the condition existing prior to the construction _ there: limitation, the demolition and removal of any improvements were commenced or constructeg addition, the Committee may, but has no| opligatie from the Owner of the Estate or portio operty upon which such improvements were commenced or congtrr ther Declarant, the Committee, nor any of them, shall be liable in oO plaxs\énd specifications to any of them Oy y affected by these restrictions by qlidefige, or nonfeasance arising out of or in

gtrr ther Declarant, the Committee, nor any of them, shall be liable in oO plaxs\énd specifications to any of them Oy y affected by these restrictions by qlidefige, or nonfeasance arising out of or in Sproval or failure to approve or disapprove ery person who submits plats or plans and pf any of said property agrees that he will not dodinst Declarant, the Committee, or officers, sents of any of them, to recover any such damages s, and quitclaims all claims, demands and causes of action arising in connection with any judgment, negligence or waives the provisions of any law which provides that a ot extend to claims, demands and causes of action not known 9 £ He release is given.

CS -11. Certificate of Compliance. Within five (5) business an.Owner's written request for same and upon substantial completion term is defined by the American institute of Architects) of nets, the plats or plans and specifications for which are subject to by the Committee, the Committee shall inspect such improvements and if e Wwhrovements are constructed, erected, placed or shared in accordance with proved plats or plans and specifications the Committee shall have a certificate idencing compliance with the provisions hereof. lf the project subject to eview is a phased project, the Committee shall inspect each phase as phases are substantially completed (as such term is defined by the American Institute of Architects) and if such phase including, but not limited to parking facilities, landscaping and signage related to such phase, is found to be in substantial conformity with previously approved plats or plans, specifications and other submissions, a certificate evidencing such compliance will be issusd by the Committee.

Section 4.10. No Liability damages to anyone submittin lay

usly approved plats or plans, specifications and other submissions, a certificate evidencing such compliance will be issusd by the Committee.

Section 4.10. No Liability damages to anyone submittin lay for approval, or to any O reason of mistake in judgmen connection with the approya specifications, an bring any actif directors, empld CeaAtian 3 Section 4.172. Notice of Notwithstanding anything to the contrary contained herein, after the expiration of one (1) year from the date of substantial compietion of construction of any improvement within the Property, said improvements shall, in faver of oncompliance or Noncompletion.

WBONncon - 16 - yo. S288 pace 2093 ON aa ean my purchasers and encumbrancer in good faith and for value, be deemed to be in compliance with all provisions of this Article IV, unless actual notice of such noncompliance and noncompletion, executed by the Committee or its Yesjgnated representatives, shall appear of record in the office of the Co erk of Tarrant County, Texas or unless legal proceedings shall be ad to enforce compliance or completion. The term "substantial 5 : defined in the manner adopted by the American Institute of / to time. Subsequent improvements, alterations or repairs tha entitle the Committee to review for compliance any impge completed more than one (1) year prior to such mg alterations or repairs which are subject to review.

dbstantially rovements, Section 4.13 Appointment and De ommittee may from time tu time, by the vote or written consé delegate any of its rights or responsibilitid licensed architects or other qualified persons ‘9 full authority to act on behalf of said/Sqmmitted Section 4.14, Review Fee a specifications shall be submitted in j with a reasonable processing fee af

icensed architects or other qualified persons ‘9 full authority to act on behalf of said/Sqmmitted Section 4.14, Review Fee a specifications shall be submitted in j with a reasonable processing fee af cover only the cost of oma plans and specifications as “ review process. The addr business of the Declarant any plats or plans Guidelines and rujé Address. Any plats or plans and in writing, for approval together ué Committee. The review fee shall ated consultants to review plats or dental expenses associated with the zommittee shall be the principal place of Gress shall be the place of the submittal of ioMs and the place where the current Design gns, if any, of the Committee shall be kept.

pection. After telephonic notice to the Owner, any ittee may from time to time at any reasonable hour pect any property subject to the jurisdiction of said mprovement or maintenance in compliance with the Governmental Authorities. All Owners of any Estate or Operty and their successors and assigns by their acceptance of te deeds, shall be bound by and subject to ail applicable laws, sgulations. No improvements or addition or change or alteration sMall be constructed, erected, phased, altered or maintained on any pf the Property, including the Common Area which is in violation of any he“laws or ordinances of the applicable municipality having jurisdiction or other applicable governmental laws, rules or regulations. Notwithstanding thing to the contrary herein contained, neither the Declarant nor the oOmmittee and their respective officers, directors, agents and employees shall have any obligation to enforce or to report the violation of any such law, ordinance, rule or regulation.

Section 4.17. 9 No Liability for Design Defects. Plats or plans and

agents and employees shall have any obligation to enforce or to report the violation of any such law, ordinance, rule or regulation.

Section 4.17. 9 No Liability for Design Defects. Plats or plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications neither the Committee, the nembers thereof, or the Declarant assumes liability or responsibility therefor, nor for any defect in any structure or improvement constructed from such plans and specifications.

77 VoL 8288 pace 1094 en ee el ARTICLE V GENERAL PROVISIONS Section 5.01. Duration. The covenants, conditions, and restrictions of this Declaration shall run with and bind the land subject to this Dec aration, and shall inure to the benefit of and be enforceable by the Architectur€ Committee, the Declarant, and/or the Owner of any land subject Declaration, their respective legal represeniatives, heirs, $s assigns, for a term of thirty-five (35) years from the date tha is recorded in the office of the County Clerk of Tarrant Coywhpfy 8 ter which time said Covenants and Restrictions shall be auiomagedty eg’ for successive periods of ten (10) years unless an_ ins B / Signed by sixty-seven percent (67%) of the then Owners of the Rid has been recorded in the Deed records, Tarrant County, Texaq, BeihgNio abolish the same covenants, conditions and restrictions r p portion thereof; provided, however, that no suc gre abolish shall be effective unless made and recorded one (1 ig ’dvance of the effective date of such abolishment.

all provisions, contained herein may be amended, whole or in part by Declarant at Section 5.02. Amendment covenants, conditions and restricti released, supplemented and/or elimi

e of such abolishment.

all provisions, contained herein may be amended, whole or in part by Declarant at Section 5.02. Amendment covenants, conditions and restricti released, supplemented and/or elimi any time from and after the date such time as Declarant has sold all of the Property, at whitch f# Claration may be amended and/or supplemented only by inst en By sixty-seven percent (67%) of the then Owners of Estates excef efefrom, any land contained within public e rights to amend, release, supplement and eliminate hereby ret?

re OD Deplarant may be assigned by Declarant to any pr’ to the Owners of the Property; provided, 3 mr 3 c n + oT oO wo o.

oO w 7s oO x TU 3 o w Ww wo n 2, © S 3 oO a o ° A 7) c a as rene ents, if any, shall be recorded in the office of the County, Texas.

s Rereinafter provided, it is expressly understood that the ghts ‘hereby reserved and retained by Declarant are irrevocable al, and that Declarant, in Declarant's sole and absolute may change, modify, add to or eliminate, in whole or in part, any Srovisions, covenants, conditions and restrictions contained herein or Ability of all or any portion thereof to the Property or any portions A part of the material consideration to Declarant for the conveyance éclarant to any purchaser (which term as used herein, shall be deemed to lude such purchaser and any and_ all heirs, beneficiaries, personal fpresentatives, successors and/or assigns of such purchaser) of all or any part of the Property, each such purchaser has and by the act of closing such purchase shall be deemed to have recognized and agreed that this Declaration creates no third party rights, that such purchaser may not rely in any respect upon the permanence or continued existence of any provision, covenant,

o have recognized and agreed that this Declaration creates no third party rights, that such purchaser may not rely in any respect upon the permanence or continued existence of any provision, covenant, condition or restriction contained in this Declaration anc. that no such purchaser may now or hereafter make or bring any claim or cause of action against Declarant or any other party based upon any amendment, release, supplement or elimination. Declarant may hereafter make to this Declaration and/or any - 18 - Vol 8288 pace 1095 provision, covenant, condition and/or restriction contained herein or the application thereof to the Property or any portion thereof.

Section 5.03. Enforcement. Enforcement of these covena restrictions shall be by any proceeding at law or in equity against any\p§rsen or persons violating or attempting to violate them, or to recover dampas enforce any lien created by these covenants; and failure to any covenant or restriction herein contained shall in no event be de the right to do so thereafter. Until such time as all of the P bd by Owners other than Declarant, only the Declarant shall have ‘ rig but not the obligation, to enforce these covenants and restrictte afcordance with the provisions set forth within this Declaration. time any Owner or the Architectural Review Committee shgll-have b4t not the obligation, to so enforce these covenants and yesirifti e may exist at the time of any such attempted enforcement.

Section 5.04. Limitation of Restrictio on JDéclerant. Declarant is undertaking the work of developing lana for res and incidental improvements upon the qperty. € completion of that work and the sale or other disposal of su developed land is essential to the establishment and welfare of said ert\ as a residential and business

tal improvements upon the qperty. € completion of that work and the sale or other disposal of su developed land is essential to the establishment and welfare of said ert\ as a residential and business community. In order that said w¢ ay we Dcompleted and said property be established as a fully occupi residentjX ad business community as rapidly as possible, nothing in this Decl rt + , its contractors, or subcontractors from er is reasonably necessary or advisable in ion of said work; or T™Declarant or its representatives from erecting, intaining on any part or parts of the Property, as*may be reasonable and necessary for the conduct of gompleting said work and establishing said Property as a disposing of the same in parcels by sale, lease, or c) Prevent Declarant from conducting on any part of the y such business or completing said work; or (d) Prevent Declarant from maintaining such sign or signs on any part of the Property as may be necessary for the sale, lease or disposition thereof, provided; however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of such Owner's Estate.

The foregoing limitations of the application of the restrictions to Declarant shall terminate upon the sale of Declarant's entire interest in the Property. ~ Any action taken by Declarant pursuant to any provision of this Section will not unreasonably interfere with the owner's rights and use of such Owner's Estate.

- 19 - yor 8288 pact 1096 ——%,, cena agente, AS Section 5.05. Termination of and Responsibility of Declarant. If Declarant should convey all of its right, title and interest in and to the Property to any partnership, individual or individuals, corporation or corporations, then and in such event Declarant shall be relieved o

ould convey all of its right, title and interest in and to the Property to any partnership, individual or individuals, corporation or corporations, then and in such event Declarant shall be relieved o performance of any further duty or obligation hereunder, and partnership, individual or individuals, corporation or corporations, obligated to perform all such duties and obligations of the Declarant.

Section 5.06. Owners' Compliance. Each Owner, tenak of an Estate or unit in an Apartment Complex, Condom Commercial Building or Office Building shall comply with the Declaration, and failure to comply with any such provjSiens resolutions, shall be grounds for an action to recover s m damages and/or fines or for injunctive relief.

Section 5.07. Severability. ly one of these covenants or restrictions by judgment or court ardk ot affect any other Section 5.08. Headings. The } are for reference purposes only and shal interpretation of this Declaration.

Wogs contained in this Declaration any way affect the meaning or IN WITNESS WHEREOF, venture, being the Declarant this 16th day of Joint Venture, a Texas joint aused this instrument to be executed M A> ew, WS2/ FYLRANCH JOINT VENTURE, as joint venture BY: TRINITY DEVELOPMENT, a Texas joint venture, Venturer BY: CARTER-THOMPSON COMPANIES, INC.

a Texas corporation, Partner ~ BY: FIRST SERVICE CORPORATION, an Arizona corporation anes .» Hird, Vice President ~ 20 - yoL 8288 erce 109'7 THE STATE OF TEXAS & § COUNTY OF DALLAS § This instrument was acknowledged before me on May , 1985 by Gregory S. Carter, President of Companies, Inc., a Texas corporation, on behalf of said corporati partner in Trinity Development, a Texas joint venture which 4 Trinity Ranch Joint Venture, a Texas joint venture.

GIVEN UNDER MY HAND AND SEAL OF OFFIC

a Texas corporation, on behalf of said corporati partner in Trinity Development, a Texas joint venture which 4 Trinity Ranch Joint Venture, a Texas joint venture.

GIVEN UNDER MY HAND AND SEAL OF OFFIC wds acknowledged before me 01 16th day of Mes E. Hird, Vice President of First Service Corpora, on behalf of said corporation acting as a venturer Venture, a Texas joint venture.

{DER MY HAND AND SEAL OF OFFICE, this 16th day atk ib in kis oe the State of Teras Linda Diane Boone (Printed or Typed Name of Notary) My Cominission Expires: “ August 27, 1988 | VOL 8288 pace 1098 - 21 ~ Se er . EXHIBIT A BEING a 159.38 acre tract of land situated in the City of Benbrook and the City of Fort Worth, Tarrant County, Texas and out of the N. Proctor Survey, Abstract Number 1229, the D.H. Dickson Survey, Abstract Number 442, and the E. Taylor Survey, Abstract Number 1560, also being the same tract of land conveyed to Trinity Ranch Joint Venture by deed recorded in Volume 7887, Page 705 of the Deed Records of Tarrant County, Texas, said 159.38 acre tract of land being more particularly described as follows: BEGINNING at a 3/4 inch iron rod found for the point of intersec northwesterly line of a 300 feet wide TESCO right-of-way described 5428, Page 543 of the Deed Records of Tarrant County, southwesterly right-of-way line of 2.M. 2871; nch iron pipe found for corner in the southerly right-of-we & P. Railway Company (150 foot right-of-way); THENCE with the southerly right-of-wayQine of & P. Railway Company, feet Toa 1 inch iron rod found line of R.M. 2871, said corner at of said curve being situated rom said iron rod; South 81°33'37" East a distance of 138 for corner in the southwesterly right-o being in a curve to the left, the raed

line of R.M. 2871, said corner at of said curve being situated rom said iron rod; South 81°33'37" East a distance of 138 for corner in the southwesterly right-o being in a curve to the left, the raed South 89°45'32" East a distance of 2 ine of R.M. 2871] and said curve 5°02'10" an arc distance of 634.30 P tract of land conveyed to the State 6404, Page 503 of the Deed Records of ast a distance of 402.93 feet to a point for corner in a right-of-way line of R.M. 2871 said corner being in a eft, the radius point of said curve being situated North gst a distance of 2417.01 feet from said point; the southwesterly right-of-way line of R.M. 2871 the following: heasterly with said curve to the left through a central angle of 9'31" an arc distance of 400.42 feet to a 5/8 inch iron rod found for orner, South 49°15'24" East a distance of 553.09 feet to a 5/8 inch iron roa faund for corner; South 57°48'35" East a distance of 303.30 feet to a 5/8 inch iron rod found for corner; South 49°10'25" East a distance of 158.76 feet to the POINT OF BEGINNING: CONTAINING an area of 159.38 acres of land.

Page 1 of 3 vol 8288 pxce 1039 — rr . EXHIBIT A BEING a 563.77 acre tract of land situated in the City of Benbrook, Tarrant County, Texas and out of the W.W. Wilburn Survey, Abstract Number 1639, the T. & N.O. RR. Co. Survey, Abstract Number 1565, the E. Langston Survey, Abstract Number 988 and the E£. Taylor Survey Abstract Number 1560, being the tract of land conveyed to Trinity Ranch Joint Venture by deed recorded in Volume 7887, Page 705 of the Deed Records of Tarrant County, Texas said 563.77 acre tract of land being more particularly described as follows$ BEGINNING at a 5/8 inch iron rod found for the point of interse southwesterly right-of-way line Of R.M. 2871 with the =n

as said 563.77 acre tract of land being more particularly described as follows$ BEGINNING at a 5/8 inch iron rod found for the point of interse southwesterly right-of-way line Of R.M. 2871 with the =n right-of-way line of U.S. Highway 377 (both variable width rigtfi THENCE with the northwesterly right-of-way line of U.S. i 377 the following: South 54°34'S3" West a distance of 2424.21 £6 curvature of a curve to the left having a radius of £024 a central angle of Southwesterly with said curve to the efpoint of tangency of 21°17'16" an arc distance of 1086.69 fa Said curve; South 33°17'37" West a distance o 62 feet to the point of curvature of a curve to the right having a 2804.81 feet; ght through a central angle of Southwesterly with said rve . 5 feet to the point of tangency of 06°33'30" an arc distart said curve; 3026.39 feet to the point of curvature a radius of 2804.8] feet; South 39°51'07" West g of a curve to they e to the right through a central angle of 8, of 398.07 feet to the end of Said curve; p distance of 31.57 feet to a l inch iron rod found THENCE dep& %& bhe “ northwesterly right-of-way line of U.S. Highway 377 North 00°10'3 Yast a distance of 6865.95 feet to a 3/4 inch iron rod found for c an south line of a 300 feet wide TESCU right-of-way described S;"Page 543 of the Deed Records of Tarrant County, Texas; ith fhe southeasterly line of said TESCO right-of-way North 61°32' 37" tance of 3675.84 feet to a 3/4 inch iron rod found for corner in Outhwesteriy right-of-way line of R.M. 2871; with the southwesterly right-of-way line of R.M. 2871 the following: South 49°15'37" East a distance of 530.68 feet to a 5/8 inch iron rod found for beginning of a curve to the right, the radius point of said

southwesterly right-of-way line of R.M. 2871 the following: South 49°15'37" East a distance of 530.68 feet to a 5/8 inch iron rod found for beginning of a curve to the right, the radius point of said Curve being situated South 40°43'28" West a distance of 2784.93 feet from said iron rod; Southeasterly with said Curve to the right through a central angle of 21°05'03" an arc distance of 1024.82 feet to a 5/8 inch iron rod found for corner; weae 2 af 3 vo. 8288 pace 1100 South 28°11'48" Easi a distance of 2234.52 feet to a 5/8 inch iron rod found for corner; South 13°09'39" West a distance of 225.06 feet to the POINT OF BEGINNING; & CONTAINING an area of 563.77 acres of land.

Page 3 of 3 Vo. 8288 pxce 1104 28 700.

1 STATE OF TEXAS COUNTY DE TARRANT I hereby certify that this } this instrument was FILED OR of Tarrant County, Texas, as stamped hereon by f RECORDED in the Volume Page of the Named Records date and at the time Stamped hereon by me and was daly KARRANT COUN JUN 5 1985 Madryth COUNTY CLERK TARRANT COUNTY, JEXAS COUNTY OF TARRANT STATE OF TEXAS I hereby certify that this instrument was FILED on this date and at the time stamped hereon by me and was tuy RECORDED in the Volume and Page of the Named Records of Farrant County, Texas, as siamped hereon by me.

AUG 23 1985 FILED TARRAN CUNT 85 N5 P150 MAUSIN KUE COUNTY CLARK DL.

fficial COUNTY CLERK TARRANT COUNTY, TELAS doo Please return to: Safeco Land Title Company of Dallas 1700 Pacific Ave., Suite 800 First City Center Dallas, Texas 75201 Attn: Priscilla Corbett XXX СОМИЕЛИ XXXXXXXXXXXXXXXXXX XXXXXXXX XXXXXXXXXXXXXDOCKXX ト