DECLARATION OF cwmielQGp IONS AND EASEMENTS O EIGHTS, PHASE 1 DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR WHITESTONE HEIGHTS, PHASE 1 THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR WHITESTONE HEIGHTS, PHASE 1 (the "Declaration") is made effective as of the 25th day of JUNE , 2003, by STRIMM, L.P., a Texas limited partnership (hereinafter referred to as "Declarant").
BACKGROUND STATEMENT ¢d to, the real property , PHASE 1 (hereinafter ectaracion to impose mutually beneficial restrictions under a general plan ofimproveme the benefit ofall owners of residential property within the Development by the recording j Declarant desires to provide a flexible and régsong Development. Declarant also desires to est d mefod for the administration, maintenance, preservation, uses and enjoyment of th that is now or hereafter subjected to this this Declaration.
o be formed as a Texas non-profit corporation to eood and general welfare of the Owners (as hereinafter dres hat all of the real property described above shall be held, sold and ayation, which is for the purpose of enhancing and protecting the value, ex§ of the Property (as hereinafter defined). The Covenants, Restrictions perein shall run with the Property, and shall be birding on all parties having provided, inure to the benefit of each Owner, his heirs, grantees, distributes, legal successors, and assigns, and to the benefit of the Association.
ARTICLE I DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: 1.01 Association. “Association” means Whitestone Heights Homeowners Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporation Act, its successors and assigns.
1.01 Association. “Association” means Whitestone Heights Homeowners Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporation Act, its successors and assigns.
1.02 Board. "Board" means the Board of Directors of the Association.
1.03 Bylaws. "Bylaws" means the Bylaws of the Association.
1.04 Commencement Date. “Commencement Date" means the date on which the first Residence (as hereinafter defined) is sold to a third party other than Declarant or the builder of such Residence.
1.05 _ Common Property. "Common Property" means all real property (together with any and all improvements now or hereafter located thereon) owned by the Association or i i instances over which the Association has been granted permanent easements, for the and enjoyment of the Owners, as set out in Article II herein.
which is intended to become part of the Development, and p, conveyance to any such successor or assign, such successor or ak evelopment-Wide Standard” shall mean the generally prevailing in the Development. Such . "Member" means any member of the Association.
"Membership" means the collective total of all Members of the 1.11 Occupant. "Occupant" shall mean any person occupying all or any portion of a Residence located within the Development for any period of time, regardless of whether such Person is a tenant, guest, or the Owner of the Residence.
1.12. Owner. "Owner" means the record owner (including Declarant), whether one or more persons or entities, of fee simple title to any Lot; provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment ofa loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner.
been transferred and is being held merely as security for the repayment ofa loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner.
1.13. Parcel. "Parcel" shall mean and refer to separately designated residential areas comprised of various types of housing initially or by annexation made su ject to this Decleration.
For example, and by way of illustration and not limitation, a condominium development, a townhouse development, an apartment complex, and a single family detached home subdivision may all be designated as separate Parcels. If separate Parcel status is desired for a given residential area, the Declarant shall designate such area as a Parcel in an amendment to this Declaration. In the absence of specific designation of separate Parcel status, all property made subject to this Declaration shall be considered a part of the same Parcel. The Board may also grant Parcel status to so requested in writing by the Owners holding at least seventy-five percent (75%) of t entitled to vote thereon in such area.
@ Rrevisions of 1.14. Property. "Property" means that certain real property described attached hereto together with such additional real property as may be subjgetets this Declaration in accordance with the provisions of Article X hereof.
1.15 Residence. "Residence" shall mean a Struc independent use and occupancy as a residence for a single fami not become a Residence until a certificate of occupangy shall he governmental authorities as a prerequisite to the occufia structure located thereon shall have been conveyed to a € situated on a Lot shall 2 sued by the appropriate eSidence and until the Lot and | sd party other than the builder thereof x pimary residence. The Owrer of a
ed thereon shall have been conveyed to a € situated on a Lot shall 2 sued by the appropriate eSidence and until the Lot and | sd party other than the builder thereof x pimary residence. The Owrer of a (16, Bescietons *Recei eS covenants, restrictions, easements, charges, 1.17 Structure. SS | of object the placement of which upon any Lot may affect the !
Lot, including by way of illustration and not limitation, any : a€overed patio, swimming pool, dock, fence, curbing, paving, wall, tree, attd all other forms of landscaping), sign, signboard, temporary or permanent Ag, quarters (including any house trailer) or any other temporary or permanent improvement to such Lot; (b) any excavation, grading, fill, ditch, diversion dam or other thing oz device which affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon or across any Lot; and (c) any change in the grade at any point on a Lot of more than six (61 inches, whether or not subsection (b) of this Section 1.17 applies to such change.
ARTICLE I COMMON PROPERTY 2.01 Conveyance of Common Property.
(a) The Declarant may from time to time convey to the Association cr grant easements to the Association, at no expense to the Association and in accerdance and pedestrians, as well as for landscaping a may, at Declarant’s sole discretion, modify, af change the Common Property (or the yse to be conveyed to the Association in accor with thfs-stibsection (b) of this Section 2.01 at any ttme prior to conveyance ofs ommon Preperty to the Association.
or proper for the eyrle (
y (or the yse to be conveyed to the Association in accor with thfs-stibsection (b) of this Section 2.01 at any ttme prior to conveyance ofs ommon Preperty to the Association.
or proper for the eyrle ( aaidingasy legal presumption to the centrary, the fee title to, and ion ef phe Property owned by the Declarant and designated as easement of enjoyment granted or permitted by this Section 2.02 is subject to suspension by the Association as provided in Sections 2.03(e) and 3.05.
2.03. Rights of The Association. Therights and privileges conferred in Section 2.02 hereof shall be subject to the right, and where applicable, the obligation, of the Association acting through the Board to: (a) promulgate rules and regulations relating to the use, operation and maintenance of the Common Property; (b) borrow money for the purpose of carrying out the activities of the Association, including the acquisition, construction, improvements, equipping and maintenance of Common Property, and in aid thereof to encumber by deed cf trust, mortgage or other security interest any or all of the Association's property including Common Property and revenues from assessments, user fees and other sources; and provided, however, that, during the period when the Declarant has the right to appoint members of the Board, the Association shall not grant or convey to anyone any mortgage, deed of trust or other security interest on or in Common Prt constituting real estate without approval by Declarant and a two-thirds of the Members who are present in person or by proxy ard voting at dmecting of (d) dedicate or transfer all or any part ¢ therein to any municipality or other gove Wag Cail conditions % may be agreed upon by the Association and such grantee, including ‘a prgvision that such property or :nterest
transfer all or any part ¢ therein to any municipality or other gove Wag Cail conditions % may be agreed upon by the Association and such grantee, including ‘a prgvision that such property or :nterest duly held in accordance with lave’ot the Association, cease to be subject to this Declaration or all op-dtty parNofthe Restrictions while held by any such antto Section 3.05, the voting rights of any Member and anted or permitted by Section 2.C2; »).crforce all applicable provisions of valid agreements of the Association lati the Common Property or any part thereof; (h) maintain any and all landscaping treatments previously installed by the eclarant, to the extent that such landscaping is not otherwise maintainec by the appropriate county and/or municipal entity having jurisdiction over the roads for Tarrant County, Texas; (i) maintain and keep in good repair any Perimeter Wall and the Perimeter Wall Landscaping which the Declarant hereby designates as a maintenance obligation of the Association; (j) contract on behalf of all Lots for garbage and rubbish pickup. and to charge the Owner of each Lot for his prorata share of the cost thereof, such prorata share to be determined by dividing the number of Lots being served into the total cost of providing such garbage and rubbish pickup. If the Association so elects, the charge to each Owner for garbage and rubbish pickup shall be in addition to the Assessments described in Article IV hereof; and (k) contract on behalf of all Lots for security and/or emergency medical ambulance services, and to charge the Owner of each Lot for his prorata share of the cost thereof, such prorata share to be determined by dividing the number of Lots 2.04.
of this Declaration. Such conveyance shall be accepted by thé
the Owner of each Lot for his prorata share of the cost thereof, such prorata share to be determined by dividing the number of Lots 2.04.
of this Declaration. Such conveyance shall be accepted by thé thereafter be Common Property to be maintained by the Ass Members.
shall designate in the deed of conveyance Property, and further may designate in the deé purpose or purposes for which such = event, such real property or po Members, be used for any di Declarant.
ance or easement the specific or general portion thereof may be used and in such 2.06. Delegation a) The Association shall maintain and keep in good repair the Common perty including, without limitations, all landscaping and improvements situated n the Common Property. In addition to the maintenance of the Common Property, the Association shall have the obligation to maintain, repair, and replace, subject to any insurance then in effect, all private drives (as ident:fied by recorded plat or otherwise) and not reserved for the exclusive use of each individual Owner, including, without limitation, all grass, trees, shrubbery or cther plantings, sidewalks, fences, walls, street lights, benches, trash receptacles, sprinkler systems, informational and directional street signage installed by Declarant, security gates, and any other landscaping or improvements located along or within such private drives, and any other property Declarant designates as a maintenance obligation of the Association by an amendment to this Declaration. In addition, the Association shall maintain, repair and replace, to the extent permitted by the applicable governmental authority, subject to any insurance then in effect, all grass, trees, shrubbery ar other
ion, the Association shall maintain, repair and replace, to the extent permitted by the applicable governmental authority, subject to any insurance then in effect, all grass, trees, shrubbery ar other plantings, sidewalks, fences, walls, street lights, benches, trash receptacles, sprinkler systems, information and directional signage, security gates, traffic signals and any other landscaping or improvements located along or in dedicated rights of way and which were installed by Declarant. The foregoing maintenance shall be per-ormed in a manner consistent with the Development-Wide Standard. Further, the Association shall bear the responsibility for all utility charges incurred because of street lights, security gates, and sprinkler systems which are installed on or Common Property, and shall pay all insurance premiums attributable to with any portion of the Common Property. The Association shall also } ation shal] maintain and cover or othér plantings, and repair and at are part of any Perimeter Wall replace all grass, trees, shrubbery, gr replace any sprinkling system or syst Landscaping.
(c) The Common Prop€ Association. The City of Common Proper ys : aon Property Maintenance Reserve Fund, if any, for mon Property, the Perimeter Wall and the Perimeter Wall tovfiake the Common Property suitable fer public use. In the event g balance of the Common Proper Maintenance Reserve Fund is (d) The Association shall be responsible for contacting the City of Benbrook Inspection Department every two (2) years, or as needed, “rom time of conscruction to schedule an inspection by city staff and/or their designee of the Common Property, any Perimeter Wall and any Perimeter Wall Landscaping.
ARTICLE JJ WHITESTONE HEIGHTS HOMEOWNERS ASSOCIATION
uction to schedule an inspection by city staff and/or their designee of the Common Property, any Perimeter Wall and any Perimeter Wall Landscaping.
ARTICLE JJ WHITESTONE HEIGHTS HOMEOWNERS ASSOCIATION 3.01 Purposes, Powers and Duties of The Association. The Association shall be formed as anon-profit corporation for the sole purpose of performing certain functions for the common good and general welfare of the residents of the Development. The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the Members. To the extert, and only to the extent, necessary to carry out such purpose, the Association (a) shall have all of the powers ofa Texas nonprofit corporation organized under the Texas Non-Profit Corporation Act, and (b) shall have the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration.
3.03 Voting Rights.
(a) Each Owner of a Residence, with the« Class A Member and shall be entitled to one (1 such Owner is a group or entity other than one of such Owner shall be exercised o (b) The Declarant shél} be nine (9) votes for each Lot or | =tOtal number of Class A votes plus one (1).
and be converted ta Class A Membership at the Hevelopment has been so platted of record. By acceptance o7 a deed a Lot, each Owner acknowledges that, upon the filing by Declarant of the Automatically increase based Trt the number of Lots in the phases added and accordance with the formula set forth in subsection (b) of this Section 3.03 and in no event shall Class B Membership cease and be converted to Class A Membership
umber of Lots in the phases added and accordance with the formula set forth in subsection (b) of this Section 3.03 and in no event shall Class B Membership cease and be converted to Class A Membership {as provided in subsection (b) of this Section 3.03] until after the Association receives the written notice provided for in the preceding sentence, provided, however, nothing contained herein shall obligate the Declarant to develop any proposed phase of the Development unless such phase is subjected to this Declaration.
3.04 Board of Directors. The affairs of the Association shall te managed by a Board of Directors. The number of Directors and the method of election of Directors shall be as set forth in the Bylaws of the Association.
3.05 Suspension of Membership Rights. The Board may suspend the voting rights of any Member and the right of enjoyment of the Common Property of any person who: (a) shall be subject to the Right of Abatement, as defined in Section 8.02, by reason of having failed to take the reasonable steps to remedy a violation or breach of either the Restrictions or the Design Standards (as hereinafter defined) of the ACC (as hereinafter defined) within thirty (30) days after having received notice of the same pursuant to the provisions of Section 5.11, 6.16 or 8.02 hereof; (b) shall be delinquent in the payment of any assessment lév Association pursuant to the provisions of Article IV hereof; or (c) shall be in violation ofthe rules and regulations a the cure or termination of such violation. No such s or egress from his Lot.
3.06 Termination of Membershi be an Owner.
3.07 Voting efpyocediitesMor the election of Directors of the Asscciation | and the resolution of such oth gsa8 aun) rought before the memktership of the Association |
nation of Membershi be an Owner.
3.07 Voting efpyocediitesMor the election of Directors of the Asscciation | and the resolution of such oth gsa8 aun) rought before the memktership of the Association | shall be governed by this D&clafpt e-Texas Non-Profit Corporation Act, the Articles of Incorporation of the Assoclatieg,and ths Bylaws of the Association, as each shall from time to time be in force and effect.
We ajNetwithstanding any other language or provision to the contrary in this | 3.08 Contr [keclaxation, in the Articles of Incorporation, or in the Bylaws of the Asscciation, Sank hereby retains the right to appoint and remove any member of the Board be Association and any officer or officers of the Association until 15 days after e first of the following events shall occur: (i) the expiration of twenty (2D) years after the date of the recording of this Declaration, (ii) the date upon which all of the Lots intended by Declarant to be a part of the Development have been conveyed by Declarant to Owners other than a person or persons constituting Declarant; or (iii) the surrender by Declarant of the authority to appoint and remove directors and officers by an express amendment to this Declaration executed and recorded by Declarant; provided, however, that the Owners shall be entitled to elect certain members of the Board of the Association in accordance with the terms of the Bylaws of the Association which shall not be removable by the Declarant acting alone.
(b) Upon the expiration of the period of Declarant's right to appo:nt and remove directors and officers of the Association pursuant to the provisions of this Section, such right shal] automatically pass to the Owners, including Declarant if
Declarant's right to appo:nt and remove directors and officers of the Association pursuant to the provisions of this Section, such right shal] automatically pass to the Owners, including Declarant if Declarant then owns one or more Lots, and a special meeting of the Association shall be called at such time. At such special meeting the Owners shall elect a new Board of Directors which shall undertake the responsibilities of the Board, and Declarant shall deliver the books, accounts, and records, if any, which Declarant has kept on behalf of the Association and any agreements or contracts executed by or of the Association during such period which Declarant has in its posse, Owner ef a Lot (unless Owner is Declar; severally, for himself, his heirs, distributee acceptance of a deed for said property, ely pay to the Association any special assessments for capital ind other charges which may or shall be levied by the Association s Declaration against all property owned by him; c) that there is hereby created a continuing charge and lien upon all property d by him against which all such assessments are made to secure payment of uch assessments and any interest thereon as provided in Section 4.09 hereof and costs of collection including reasonable attorneys’ fees; (d) that such continuing charge and lien on such prcperty binds such property in the hands of the then Owner, and the Owner's heirs, devisees, legal represer-tatives, successors and assigns. Such charge and lien is superior ta any and all charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon such property whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed of trust or other instrument, except (i) such liens
ny manner arise or be imposed upon such property whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed of trust or other instrument, except (i) such liens for taxes or other public charges as are by applicable law made superior, and (11) all deeds to secure debt given to secure a loan the proceeds of which are used (1) to 10 purchase a Lot or Residence or Residences (together with any and all Strictures which may from time to time be placed or located thereon), and (2) to finance the construction repair or alteration of Structures. A person or entity acquiring a lien or encumbrance on a Lot or Residence after this Declaration is recorded shall acknowledge, by the act of filing an instrument creating such lien, that such lien or encumbrance is inferior to the continuing lien for the charge and lien provided for herein, whether or not such acknowledgment is specifically stated in the instrument creating the lien or encumbrance, except as provided by Subsections (i)¢ahd (ii) above; (f) that all annual, special and specific assessmey eGpan Ww dogts 0 collection including reasonable attorneys’ feed) levied 9 : during the period that he is an Owner shall be ition to being a continuing charge and lien against such prope d-4 Declaration] a personal obligation w © ary sale or transfer of the property owned by him, provided, ho that such personal obligation for delinquent assessments shall not Sass * wnet's successor in title unless (g) failure to pay $ ent when due shall constitute a default of the Owner's obligatiopg he Shall entitle the Association to exercise the remedies provide e of this Declaration.
$ NThe assessments levied by the Association shall be used
hall constitute a default of the Owner's obligatiopg he Shall entitle the Association to exercise the remedies provide e of this Declaration.
$ NThe assessments levied by the Association shall be used exclusively for the Baek g for the common good and general welfare of the Residents of the Development, imekuding\buf not limited to, security, the acquisition, construction, improvement, maintefgfice in g, and equipping of Common Property, maintenance of private E — ments or landscaping which are designated by Declarant to be e Association, the enforcement of the Restrictions containec in this snent of the Design Standards of the ACC, the payment of operating costs Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in such year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining, noR shall the Association be obligated to apply such surplus to the reduction of the amount of the Annual Assessments in any succeeding year, but may carry forward from year to year such surplus as the Board may deem to be desirable for the greater financial security of the Association and the effectuation of its purposes.
11 4.04 Annual Assessment.
(a) Beginning on the Commencement Date and continuing thereafter until January | of the year immediately following the Commencement Date, each Lot shall be subject to an Annual Assessment of Three Hundred Fifty and No/100 Dollars ($350.00) per Lot, provided, however, in the event that the Commencement Date falls on a day other than January 1, the Annual Assessment for such year shall be prorated so that each Owner pays an Annual Assessment proportional to the
ver, in the event that the Commencement Date falls on a day other than January 1, the Annual Assessment for such year shall be prorated so that each Owner pays an Annual Assessment proportional to the of days remaining in the calendar year. The words "Assessment Year" asasedhtrein shall mean the calendar year, with the first Assessment Year commenc] Declarant has the right to appoint and remove Directors Association, the Annual Assessment shal] not be reduced below (b) Commencing with the first A the annual assessment may be increase (c) Commencing y4 ASsessment Year and continuing thereafter, the Annual Assessment forfeach“AsseS$sment Year may at any time and from time to time be increases nty percent (20%) above the maximum annual A>revd essment Year if such increase is approved by a twoprovisions-ef the BylaWs of the Association and this Declaration.
gciation shall deem necessary, Special Assessments for the purpose of paying, in hole or in part, any unanticipated operating expenses, 2s well as the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Property or on any private drives designated by Declarant to be a maintenance obligation of the Association. Such Special Assessments may te levied by the Board in any Assessment Year without the approval of the Members, which special assessments in the aggregate do not exceed an amount equal to the Annual Assessment then in effect. Special Assessments exceeding said amount shall require the approval of two-thirds (2/3) of the Members who are present in person or by proxy at a meeting of Members duly held in accordance with the provisiors of the Bylaws of the Association and this Declaration.
(b) The Association shall also be authorized to levy, in any Assessment Year
at a meeting of Members duly held in accordance with the provisiors of the Bylaws of the Association and this Declaration.
(b) The Association shall also be authorized to levy, in any Assessment Year and with such frequency as the Association shall deem necessary, Parcel Assessments for the purpose of paying, in whole or in part, the cost of estimated expenses for the sole benefit of a particular Parcel, which Parcel Assessments shall be allocated | equally among the Residences in a Parcel.
4.06 Assessment Procedure.
Year on which the annual assessment shall be due and pax hereinafter referred to as the "Due Date"). The Board shall z in advance of the Due Date written notice setting forth the amount of fhe sessment and the Due Date. The annual assessment shall b e i) written notice or the Due Year. The Board shall also establish payment cial assessments for capital improvements which the provisions of this Azticle IV.
0} nor more than sixty (60) days in advance of any meeting of Association at which the Board shall propose taking action ént at such meeting, a second meeting may be called by the Board subject to the ame notice requirement, and the required quorum at such second meeting shall be thirty percent (30%) of the total votes outstanding, No suca second meeting shall be held more than sixty (60) days following the first meeting. If the required quorum is not present at the second meeting, the Board may take such action without approval of the Members.
4.07 Uniform Rate of Assessment. Both Annual and Special Assessments must be fixed at a uniform rate for all Residences.
4.08 Contribution by Declarant. For so long as Declarant has the authority to appoint and remove Directors and Officers of the Association, Declarant shall not be liable for this payment of 13
dences.
4.08 Contribution by Declarant. For so long as Declarant has the authority to appoint and remove Directors and Officers of the Association, Declarant shall not be liable for this payment of 13 any assessments, provided, however, during said period Declarant shall advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the ) Association (but specifically not including an allocation for the reserve allowance), and the sum of Annual, Special and Specific Assessments collected by the Association in any Assessment Year, and such advances shall be evidenced by promissory notes from the Assaciation to Declarent. | 4.09 Effect of Non-payment of Assessments. Any Assessment which is not paid on or before the Due Date shall bear interest after the Due Date at the lower of (i) the highest leg interest which can be charged, or (ii) the rate of oes pave (a ae per annum, oy i the event of default in the payment of any one or more installments of an Assess declare any remaining balance of the Assessment at once due and payable: eOllection including er, aS well as a lien on 410 Certificate of Payment. Upon written d by an Owrer, the Association shall ISP ef a written certificate stating that | all Assessments (including penalties, inter if apy) have beer. paid with respec: to any Lot owned by said Owner as of the date of suc.
have not been paid, setting forth the amou wafid payable. The Association may make a reasonable charge for the issuan é. Any such certificate, when duly issued as herein provided, shall be conclys with regard to any matter therein stated as between the Association and any bone fide parchaseeef, or lender on, the Lot in question.
4.11 otwithstanding anything to the contrary contained herein,
lys with regard to any matter therein stated as between the Association and any bone fide parchaseeef, or lender on, the Lot in question.
4.11 otwithstanding anything to the contrary contained herein, no Special Assessment ad dedde Without the approval of Declarant for so long as Declarant has the right to appoint of dq pen of the Association.
S6sments. The Board shal] have the power to specifically assess any ection as in its discretion it shall deem appropriate. Failure of the Board dll not constitute a waiver of the Board's right to exercise its authority under this ture with tespect to any expenses, including an expense for which the Board has not the folloWifig expenses, except for expenses reamed for maintenance and repair of items waich are the maintenance responsibility of the Association as provided herein: (a) Expenses of the Association which benefit less than all of the Residences, which may be specifically assessed equitably among all of the Residences which are benefitted according to the benefit received; | (b) Expenses incurred by the Association pursuant to Section 6.16 hereof, and (c) Reasonable fines as may be imposed in accordance with the terms of this Declaration and the Bylaws, ARTICLE VI ARCHITECTURAL CONTROL 4.01 Architectural Control Committee - Creation and Composivion.
however, that the ACC shall always have an uneven nuff Notwithstanding anything to the contrary contained herein.
the ACC. Thereafter, the Board shall appoint t} operating the ACC may, at the discretion of De incapacity, resignation, r shall continue to act and such ¢ aké effect on receipt thereof by the Chairman. Any be removed at any time with or without cause by the stiow’or alteration of any Structure on any Lot shali be submitted to the ACC
e to act and such ¢ aké effect on receipt thereof by the Chairman. Any be removed at any time with or without cause by the stiow’or alteration of any Structure on any Lot shali be submitted to the ACC hether the proposed installation, construction or alteration is in conformity suitable, Convenient or proper for, or in connection with or incidental to the accomplishment: of such purpose, including, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.
5.03 Officers, Subcommittees and Compensation. The members of the ACC shall appoint a Chairman from among their number and may appoint from among their number such other officers and subcommittees of members of the ACC as they shal! from time to time determine necessary.
The members of the ACC shall be reimbursed by the Association for traveling expenses and other reasonable out-of-pocket costs incurred in the performance of their duties as members of the ACC.
15 5.04 Operations of the ACC.
(a) Meetings. The ACC shall hold regular meetings at least once every three (3) months or more often as may be established by the ACC. Special meetings may be called by the Chairman and shall be called by the Chairman upon the written request of a majority of the members of the ACC then in office. Regular and special meetings of the ACC shall be held at such time and at such place as the ACC shall specify. Notice of each regular or special meeting of the ACC shall be nq each member thereof at his residence or at his usual place of business at lga a meeting need not be given to any member of the ACC who sig either before or after the meeting. Attendance of a mepabe
nq each member thereof at his residence or at his usual place of business at lga a meeting need not be given to any member of the ACC who sig either before or after the meeting. Attendance of a mepabe which it has been called or convened, excep me Imerfiber states, at the s to the transaction of adnajority of the members then in office shall constitute a quorufy fer the traffsacfion of business. Except as otherwise provided herein, the act of a majoty of the members of the ACC present pe fa quorum is present shall constitute the act of the ACC. In the nce oF A , any member of the ACC present at the time and place of the meetiniyns purn the meeting from time to time until a quorum shall be present doufned meeting at wrich a quorum is present, any business may ted Mish might have been transacted at the meeting as maintain both a record of votes and minutes for shall make such records and minutes available at or inspection by Members of the Association and by the originally calle each of its mea itten e6nsent, setting forth the action so taken, shall be signed by all the g ACC and be filed with the minutes of the proceedings of the ACC.
asentShall have the same force and effect as a unanimous vote, and may be te uch in any document filed by the ACC.
(b) Activities.
(i) The ACC shall adopt and promulgate the Design Standards described in Section 5.05 hereof and shall, as -equired, make findings, determinations, rulings and orders with respect to the conformity with said Design Standards of plans and specifications submitted for approval to the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits, authorizations or approvals, which may include specific requirements or conditions, pursuant to the provisions of this Declaration.
ions of this Declaration. The ACC shall, as required, issue permits, authorizations or approvals, which may include specific requirements or conditions, pursuant to the provisions of this Declaration.
(ii) Any two (2) or more members of the ACC may be author-zed by the ACC to exercise the full authority of the ACC with respect to all matters over which the ACC has authority as may be specified by resolution of the ACC, except with respect to the adoption or promulgation of the Design Standards. The unanimous action of the two (2) or more members with respect to the matters specified shall be final and binding upon the ACC and upon any applicant for an approval, permit or authorization, subject, hcwever, to review and modification by the ACC on its own motion or appe@ applicant to the ACC as provided in this paragraph (ii). Written patice df the The applicant may, within ten (10) days after receipt of netice which he deems to be SS es file a written req is er-tfan aay (39) days jority of the members of and binding.
after the filing of such request. The de the ACC with respect to such matter sha 5.05 Design Standards.
(a) The ACC shall ftp tirheste for the purposes of: enforce guidelines (the ES 5 } (2) gove: t and content of plans and specifications to be S r approval pursuant to the provisions of this ng the procedure for such submission of plans and fiii) establishing guidelines with respect to the approval and apyroval of design features, architectural styles, exterior colors and terials, details of construction, location and size of Structures and all other Matters that require approval by the ACC pursuan: to this Declaration; and (iv) assuring the conformity and harmony of external des:gn and general quality of the Development.
Structures and all other Matters that require approval by the ACC pursuan: to this Declaration; and (iv) assuring the conformity and harmony of external des:gn and general quality of the Development.
(b) The ACC shall make a published copy of its current Design Standards readily available to Members and prospective Members of the Association and to all applicants seeking the ACC's approval.
5.06 Submission of Plans and Specifications. No Structure shall be commenced, erected, placed, moved onto or permitted to remain on any Lot, nor shall any existing Structure upon. any Lot be altered in any way which materially changes the exterior appearance of the Structure or Lot, unless plans and specifications therefor shall be in such form and shall contain such information as 17 may be reasonably required by the ACC in the Design Standards, including, without being limited to: (a) a site plan showing the location of all proposed and existing Structures on the Lot including building setbacks, open space, driveways, walkways and 2arking spaces, including the number thereof, and all siltation and erosion control measures; (b) a foundation plan; (c) a floor plan; (d) exterior elevations of all proposed Structures and alte fon) opexfisting Structures, as such Structures will appear after all back-fil]; completed; same. Approval for use in co not be deemed a waiver o specifications or any of t features or elements are g Pht“in its discretion, to disapprove similar plens and Grements included therein if stch plans, specifications, s and specifications relating to any Lot or Structure, however, sfructure and such approval may not be revoked or rescinded e has been adherence to, and compliance with, such plans and 4nd any conditions attached to any such approval.
ny Lot or Structure, however, sfructure and such approval may not be revoked or rescinded e has been adherence to, and compliance with, such plans and 4nd any conditions attached to any such approval.
Qisapproval of Plans and Specifications. The ACC shall heve the right to disapprove pedifications submitted pursuant to this Declaration because of any of the following: (a) the failure to include information in such plans and specifications as may have been reasonably requested; (b) the failure of such plans or specifications to comply with this Declaration or the Design Standards; or (c) any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure (i) to fail to be in conformity and harmony of external design and general quality with the standards for the Development as set forth in the Design Standards or the 18 Development-Wide Standard, or (ii) as to location tc be incompatible with topography, finished ground elevation and surrounding Structures. In any case in which the ACC shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for approval.
granted, together with any conditions imposed by the ACC, shall be placed in € and specifications and shall be returned to the applicant. Failure by the A approval of such plans and specifications.
5.10 Inspection Rights. Any employee or agent of th
the ACC, shall be placed in € and specifications and shall be returned to the applicant. Failure by the A approval of such plans and specifications.
5.10 Inspection Rights. Any employee or agent of th action, alterafion or maintenance of any Structure or the use of any Lot or Structure is in compliate With the provisions of this Declaration, and neither the Association, nor the ACC, nor an § a trespass or other wrongful act solely S uth entry or inspection, provided such inspection is carried out in accordance with tKe te is Section.
efected, placed, maintained or altered upon any and specifications approved by the ACC pursuant easures to correct the violation, the Beard shall provide written “fl, setting forth in reasonable detail the nature of the violation and equired to remedy the violation. If the Owner shall not have taken her€quired remedial action within thirty (30) days after the mailing of the sion, then the Association shall have the Right of Abatement as provided in Certification of Compliance.
(a) Upon completion of the installation, construction or alteration of any Structure in accordance with plans and specifications appraved by the ACC, the ACC shall, upon written request of the Owner thereof or upon zhe ACC's own iritiative, issue a Certificate of Compliance, identifying such Structure and the Lot upon which such Structure is placed, and stating that the plans and specifications have been approved and that such Structure complies with such plens and specifications. A copy of said Certificate shall be filed for permanent record with the plans and specifications on file with the ACC.
19 (b) Any Certificate of Compliance issued in accordance with the provisions of this Section shall be prima facie evidence of the facts therein stated; and as to any
cifications on file with the ACC.
19 (b) Any Certificate of Compliance issued in accordance with the provisions of this Section shall be prima facie evidence of the facts therein stated; and as to any purchaser or encumbrancer in good faith and for value, or as to any title insurer, such certificate shall be conclusive evidence that all Structures on the Lot comply with all the requirements of this Article, provided, however, that the Certificate shall in no way be construed to certify the acceptability, sufficiency or approval by the ACC of the actual construction of Structures or of the workmanship, or to represent or warrant to anyone the quality, function or operation of the Structures any construction, workmanship, engineering, materials or equipment.
The issuance of the Certificate shall in no way be constru party that the Structures have been built in accordance with an regulation.
e fee to cover the ~ The fee shall be 5.13. Fees. The ACC may impose and collect a reasong® 5.14 Nondiscrimination by ACC. The AC 1 not dis inate against any applicant requesting its approval of plans and specifications be of such applicant's race, color, sex, religion, age or national origin. Further, the ACC S of its pewers granted pursuant to this Declaration shall not take any action ghd intey Set of which is to discriminate against persons of a particular race, color, sex, religi s and specifications are not reviewec for all ering, or structural design or quality of materials, attons neither the ACC, the members thereof, nor the ibility therefor, nor for any defect in any Structure systems, mechanical, plumbing gk and by approving such play constructed from such plaigs §cations. Neither Declarant, the Association, the ACC, the
bility therefor, nor for any defect in any Structure systems, mechanical, plumbing gk and by approving such play constructed from such plaigs §cations. Neither Declarant, the Association, the ACC, the Board, nor the officers,d yemibers, employees, and agents of any of them shall be liable in damages to anyone syd o\plaws and specifications to any of them for approval, or to any Owner of property affected \b Restrictions, by reason of mistake in jadgment, negligence, or nonfeasance arj ef in connection with the approval or disapproval or failure to approve or disapfixo lans or specifications. Every person who submits plans or specifications ‘ or the officers, directors, members, employees, and agents of any of chem to recs damages and hereby releases, quitclaims, and covenants not to sue for any claims, nonfeasanice, and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the time the release is given.
5.16 Modification Committee.
(a) The ACC shall establish a modifications committee (the "Modifications Committee") to exercise exclusive jurisdiction over the modifications, additions, or alterations made on, or to, existing Structures as provided in Section 5.06 hereof, and shall have such other responsibilities as may be delegatec to it by the ACC.
20 (b) The Modifications Committee will set standards, review and act upon all proposed modifications or improvements to those Lots where Residences have been constructed and sold and are owned by someone other than the Declarant, its successors or assigns or a builder. This Committee will be comprised of no less than three (3) members with at least two (2) members required to be members of the
someone other than the Declarant, its successors or assigns or a builder. This Committee will be comprised of no less than three (3) members with at least two (2) members required to be members of the Association. The Modifications Committee will be governed by the Board and shall generally adhere to all the provisions set forth in this Declaration for the ACC pertaining to approval of plans and specifications.
following shall apply: plans and specifications showing the Satu color, size, materials and location of such modifications, addin 6.01 Application. The gayengnts andfeshxCtions contained in Article VI shall percain and apply to all Lots and to all $ laced thereon.
ings, Residences, Structures, and other improvements 311 be of new construction, and no structure of a temporary shack, garage, barn, or outbuilding shall be used on a Let at any drily or permanently. No part of the Property shall ever 3e used sale of homes unless said builder is conducting an active sales program within the Property and not for the purpose of sales in other subdivisions outside of the Property.
6.03 Resubdivision of Property. No Lot may be split, divided or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the ACC of plans and specifications for such split, division or subdivision. Notwithstanding the foregoing, nothing herein shall prevent Declarant or the Owners of any Lots from combining two or more Lots into one Lot for construction ofa single Residence thereon; provided, however, that sech combined Lot may not be subdivided thereafter; and provided further, that the Owner of the Residence on such Lot shall 2\ be responsible for annual and special assessments based upon the number of Lots combined into one Lot.
subdivided thereafter; and provided further, that the Owner of the Residence on such Lot shall 2\ be responsible for annual and special assessments based upon the number of Lots combined into one Lot.
6.04 Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval of the ACC of plans and specifications for the prevention and control of such erosion or siltation. The ACC may, as a condition of approval of such plans and specifications, require the use of certain means of preventing and controlling such Standards of the ACC.
6.05 Landscaping. No construction or alteration of any Struc the prior written approval by the ACC of plans and specifications € such construction or alteration. A written plan of landscaping d to the ACC prior ocation and description of all "hardscape" items such as fences, walls, roc A minimum landscaping allowance of $2,500.00 per Lot for the front yard, ¢ ofthe ACC. Owner shall be required to sod the fro a street with a permanent, heat tolerant rate by the ACC). Ground cover composed of Ii allowed if approved by the ACC, same seasonal sched requirement may be visible from a At least two 4" caliper trees in the side vard. The 4" caliper trees she front yard contains three (3) or more existing trees. All rear yards sthe’sodded within sixty (60) days of occupancy of a Residence.
scaping shall be complete in accordance with approved plans not later than sixty (QONdays af nal inspection by the City of Benbrook, Texas, building inspector and/or the building inspector as may be applicable, or (2) occupancy ofa Residence, whichever the case of existing homes, proposed changes and additiors in landscaping must be
exas, building inspector and/or the building inspector as may be applicable, or (2) occupancy ofa Residence, whichever the case of existing homes, proposed changes and additiors in landscaping must be submitted Tor approval by the ACC in the same detail as new construction. Once the plans have been approved by the ACC, a time frame for completion of the approved changes shall be agreed upon between the ACC and the homeowner.
6.06 Existing Trees. No tree having a diameter of three (3) inches or more [measured from a point two (2) feet above ground level] shall be removed from any Lot unless such removal is in conformity with approved landscaping plans and specifications submitted pursuant to the provisions of Section 6.05 hereof.
22 6.07 Temporary Buildings. No temporary building, trailer, garage or building under construction shall be used, temporarily or permanently, as a residence on any Lot except as temporary sleeping or living quarters required or desirable for security purposes in accordance with plans and specifications therefor approved by the ACC. Temporary structures and model homes may be used as building offices pursuant to the provisions of Section 6.02.
6.08 Outbuildings. No metal storage outbuildings shall be erected, placed or maintained upon any Lot in the Property. No treehouse or children's playhouse shall be permitted ongah in the Development without prior written approval of the ACC. Outbuildings or othe of the Residence located on the Lot. The ACC shall require prior approvai of, bf outbuildings, play structures, shade structures or pool buildings. Any outhartth the design of the Residence. All playground and recreational egefipmpnt’¢ of a Lot. No outbuilding or play structure will be permitted td bé placedotreas€ments; be located
ool buildings. Any outhartth the design of the Residence. All playground and recreational egefipmpnt’¢ of a Lot. No outbuilding or play structure will be permitted td bé placedotreas€ments; be located nearer than five feet (5') to an interior side line of the Lot; or fo poly front building line. The ACC is hereby authorized to determine what constitutgs a viol’ S restriction.
6.09 Prefabricated Structures. PrefabricatedNo permitted within the Property, and such manufactugéqayni construction of Structures affixed to KN Reside written consent of the ACC.
not be employed as elements in the ithin the Property except by express 6.10 Signs.
including but not limited to commercial and similar signs) shalf, Wa] h&A¥C's prior written approval of plans and specifications therefor, bg salldd, tered or maintained on any Lot. or on any portion of a Structurs-visibhe ffs e exterior thereof, except: i) such signs as may be required by legal proceedings; (ii) not more than one "For Sale" sign, such sign having a maximum ace area of four square feet, provided that such sign may only be displayed in the front yard of a Lot; and, provided, further, that if, at the time of any desired use of such sign, the Association is making "For Sale” signs available for the use of Owners, the signs made available by the Association must be used; (iii) directional signs for vehicular or pedestrian safety in accordance with plans and specifications approved by the ACC; (iv) any sign required by any governmental authority having appropriate jurisdiction; and (v) temporary signs (i.e. garage, lawn sales, etc.).
23 (b) In no event during approved construction of any Structure shall mere than one job identification sign be approved by the ACC.
(c) All "for rent" or "for lease" signs are prohibited.
les, etc.).
23 (b) In no event during approved construction of any Structure shall mere than one job identification sign be approved by the ACC.
(c) All "for rent" or "for lease" signs are prohibited.
(d) The number of temporary signs must be kept to a minimum and nay be put up no sooner than 24 hours in advance of a sale. Signs must be removed promptly after a sale has ended.
the Development without written approval of the ACC.
6.11 Setbacks. Building area set backs shall be within the recoy mveriance is granted by approving plans and specifications for any proposed Structure, the ACC may requir’ e ictive setbacks than the minimum specified in the Subdivision Ordinance for the ld<ati tructure. Notwithstanding the preceding sentence, the maximum front set back sh thirty feet. All such setbacks shall be established such that they do not violate the Pig as ‘af ypplicable ordinances, laws, rules, regulations or the provisions of the subdivigf shall be erected or placed on any Lot unless 1 1 consistent with such setbacks.
ce shall be constructed in violation of any applicable z provisions of the subdivision plat(s) establishing the screening may be used with the Property to define private spaces or to sion to or from particular views. Certain objects which may be fenced or “evel machinery, e.g. heating and air conditioning equioment; (3) outsidestorage as for equipment and supplies; and (4) refuse containers and related storage areas.
Acceptable methods of screening are as follows: (1) Earth banks and berms which shall have a maximum slope of 2:1 and be covered with plant material as approved by the ACC; (2) landscaping planting screens, hedges, etc.; (3) masonry walls or other materials which would be
s which shall have a maximum slope of 2:1 and be covered with plant material as approved by the ACC; (2) landscaping planting screens, hedges, etc.; (3) masonry walls or other materials which would be compatible with the approved retaining walls; (4) decorative iron as approved by the ACC; or (5) fencing as approved by the ACC. All such fence plans must be submitted to and approved by the ACC prior to construction.
All fencing from the Residence to the side property lines visible from the street must be constructed of masonry material that matches or is compatible with the exterior materials of the 24 Residence; landscaping, planting screens, hedges or shrubs or decorative iron must be approved by the ACC. Retaining walls shall be masonry on all lots and shall match or be compatible with the exterior materials on the Residence.
General guidelines for fences shall include: (1) no fence saall be constructed more than 8' above grade in height; (2) landscape planting as an integral component; (3) no woven metal or chain link fences will be allowed except as approved by the ACC as smell area pet enclosure (i.e.
. Ly .
well as other fencing and/or plant materials as may be required and approved by the A no fence which completely blocks vision shall be constructed except wheze the neg evident and approved by the ACC.
6.13 Roads and Driveway. No road or driveway shall be cons any Lot without the prior written approval of the ACC of plans and speci din violation of any e subdivision plat(s) applicable ordinances, laws, rules, regulations, or the pra establishing the Development.
of-way, and the improve condition. Such maintgrra an’ watering of the turf and landscape areas on each Lot. Diseased e removed and replaced within a reasonable time frame. On front
ng the Development.
of-way, and the improve condition. Such maintgrra an’ watering of the turf and landscape areas on each Lot. Diseased e removed and replaced within a reasonable time frame. On front ¢-ffom any street, there shall be no decorative appurtenances placed, such birdhouses, fountains or other decorative embellishments unless such en{0) days' notice to the Owner of any Lot setting forth the action intended to be sociation or Declarant, provided at the end of such time such action has not already (iii) to a or prune any tree, hedge, or planting that, in the opinion of the Association or Denia.
by reason of its location or height or the manner in which it has been permitted to grow, is detrimental to the enjoyment of adjoining property or is unattractive in appearance, (iv) to repair or stain/paint any fence thereon that is out of repair or not in harmony, with respect to color, with fencing on adjacent property, and (v) to do any and all things necessary or desirable in the opinion of the Association or Declarant to place such property in a neat and attractive condition ccnsistent with the intention of this Declaration. The person who is the Owner of such property at the time such work is performed by the Association shall be personally obligated to reimburse the Association for the cost of such work within ten (10) days after it is performed by the Association, and if such 22 amount is not paid within said period of time, such Owner shall be obligated thereafter to pay interest thereon at the maximum rate allowable by law, and to pay attorneys’ fees and court costs incurred by the Association in collecting said obligation, and all of the same shall besecured by a lien on such
hereon at the maximum rate allowable by law, and to pay attorneys’ fees and court costs incurred by the Association in collecting said obligation, and all of the same shall besecured by a lien on such Owner's property, subject to liens then existing thereon. Such lien shall be enforceable as any other assessment lien as provided in this Declaration.
6.17 Commercial and Recreational Vehicles and Trailers. No commercial vehicle, commercial use truck, bus, trailer, mobile home, recreational vehicle, camper, truck with canfpk movement fora period of twenty-four (24) hours or more during a period of se days. No junk vehicles or vehicles in disrepair or neglect shall be stored, vef any Lot, street or otherwise in the Development. Notwithstanding the foyeg space and is concealed from view by neighboring residences Ang ofimprovements on a Lot, necessary construction vehicles may time of construction of the Residence.
repair and attractive condition, provided that any t which has been approved by the ACC. No ¥é Giicil sya or side lawn within view of the public.
Ne permitted to be parked on the front The ACC and TS specific streets within the Deyé harmony of an area or causark t to restrict street right-of-way parking on reet parking could detract from the architectural cess to normal traffic flow or emergency vehicles.
#Wailable or deny the purchase or rental of any Lot to any persons because of race; sex, age or national origin. Anything in this Declaration to the contrary limitation 1n time.
6.20 Animals. No agricultural animals may be kept on any Lot and no animals, including birds, insects, reptiles, sheep, goats, horses, cattle, poultry, dangerous animals (the determination as
1n time.
6.20 Animals. No agricultural animals may be kept on any Lot and no animals, including birds, insects, reptiles, sheep, goats, horses, cattle, poultry, dangerous animals (the determination as to what is a dangerous animal shall be in the sole discretion of the Association's Board), livestock of any kind shall ever be kept in the Development except that dogs, cats or other common hausehold pets (not to exceed a total of three animals) may be kept by the Owner or tenant of any Residence, provided they are not kept for any commercial purpose. Any allowable pet that is kept in a household must be confined to its Owner's Lot either by constraints of a backyard fence, a leash or 26 within the residence. No animal shall be permitted to run freely away from its Owner's Lot arxi must be controlled by a leash or trained to walk with the Owner unleashed. All applicable leash and licensing laws in effect in the City of Benbrook and Tarrant County shall also apply to this animal husbandry provision. No animal shall be allowed to become a nuisance, No Structure for tke care, housing or confinement of any animal shall be constructed, placed or altered on any Lot unless plans and specifications for said Structure have been approved by the ACC.
6.21 ‘Trash and Rubbish Removal. No trash, rubbish, garbage, manure, or debri ; Extept during 2 , no person shall burn rubbish, garbage, or any other form of solid waste on any Lotor on 4 on Property. Except any kind shat be kept, stored, or ellowed ed in a manner set forth in the Design ACC, no lumber, metals, bulk materials or solid wasté to accumulate on any Lot unless screened or otherwise 3 all ever be erected, placed, or suffered to , or resident on, any Lot in the Property shall urb the reasonable saan of any other Owner
lid wasté to accumulate on any Lot unless screened or otherwise 3 all ever be erected, placed, or suffered to , or resident on, any Lot in the Property shall urb the reasonable saan of any other Owner 6.22 Reasonable Enjoyment.
remain upon any Lot in the Prepay 3 ang 6.23 imney stacks on front of Residences may not be cantilevered and imneys must sit on foundations veneered with brick or stone.
ess ¥ othervise approved by the ACC. Recommended siding materials include ood lap siding and hard board lap siding. Large sheet ee (i.e. 4'x & sheets) approva - Old used brick will be accepted in special circumstances, as will be the painting of brick.
All gables which face the front of the Residence or which face a side street, if on a corner Lot, shall be constructed or faced with the same masonry material as the rest of the Residence. All chimneys shall be of masonry material unless otherwise approved by the ACC.
Stucco is a specialized house finish. Stucco Residences shall only be approved by a special request and only after the ACC agrees in writing that stucco fits the street scape and overall community standards. The builder may only use a stucco as outlined in the specifications which will accompany the written approval, if granted.
27 sneer i ge ek heii eatin ee 6.25 Roofing. Roofing material and color shall be specified in the plans submitted to the ACC for approval. All roof stacks and flashing must be painted to blend with the roof coloz.
Minimum roof pitch on the front elevation shall be 8 to 12, unless approved by the ACC. Certain architectural styles, e.g. Georgian, do not require as steep a minimum roof pitch and will be analyzed on a case by case basis by the ACC. Minimum roof pitch on rear elevatg
proved by the ACC. Certain architectural styles, e.g. Georgian, do not require as steep a minimum roof pitch and will be analyzed on a case by case basis by the ACC. Minimum roof pitch on rear elevatg certain front to back elevation shall be 8 to 12, unless approved by the ACC.
6.26 Driveways. Driveways shall be constructed Wit fe or other hard surface material such as paving stones or brick that is compatible with thsoVerat! lahdscape flatwork scheme and as approved by the ACC. Existing trees, topogr: ape dlanning should be taken into consideration and where possible driveways shoul e. Front yard circular driveways and 6.27 Pooland Spa Equipment. Plan¢ a sweimmning pools;hotaubs, ae decks, fencing and screening must be j construction is commenced. All sayi the applicable City of Benbrog and hot tubs must be fenced in aconrdance with bove-ground pools wil: be approved.
Commercial Use. No activity, whether for profit or not, whichis not related to singlefamily réeSidential purposes, shall be carried on any Lot, except on those Lots which may be designated by the ACC for use as sales offices, construction offices, and storage facilites for a period of time commensurate with home construction and sales within the Property, Except for this temporary use on selected Lots, no noxious or offensive activity of any sort shall be permitted, nor shall anything be done, on any Lot which may be or become an annoyance or nuisance to the neighborhood.
6.31 Septic Tanks. No cesspool, septic tank or privy shall be p_aced or maintained on any Lot.
28 6.32 Declarant's Rights During Development Period. During that period of time while any parcels of land or Lots located within the Property are being developed and marketed (the
ntained on any Lot.
28 6.32 Declarant's Rights During Development Period. During that period of time while any parcels of land or Lots located within the Property are being developed and marketed (the "Development Period”), the Declarant, with the right of assignment, shall save and hereby reserves the right to reasonable use of the Common Area and land owned by Declarant within the Property in connection with the promotion and marketing of land within the boundaries of the Develcpment.
Without limiting the generality of the foregoing, Declarant may erect and maintain such signs, temporary buildings, model homes, and other structures as Declarant may reasonably deem necessary or proper with the promotion, development, and marketing of land within the Property d Development Period.
6.33 Builder Rights. During the Development Period, the ACC shall allow an approved builder in the Development the right to erect and maintai homes, and other structures as the ACC may reasonably deem necessary Or prope by the ACC or the Declarant. Builder shall be given at least te revocation of approval by the ACC.
or when other unusual circumstances 6.34 Construction Work. Except in an emerg exist as determined by the Board, outside constructig@p isy interior construction werk shall ity‘Lines. All electrical, telephone and other At, (il) are not within or part of any Structure, a public utility company, or the Association, shall derground facilities. Lighting fixtures may be ng by the ACC.
utility lines and facilities which (1 and (iii) are not owned by a goyésr e Size. No single family residence shall be located on any Let unless st or exceed the minimum square feet (heated living area) requirement sst HOor must be a minimum of 2,200 square feet (heated living area). The above
amily residence shall be located on any Let unless st or exceed the minimum square feet (heated living area) requirement sst HOor must be a minimum of 2,200 square feet (heated living area). The above pace requirements may be reduced by 10% on any lot if approved in writing by the 6.38 Garages. Garages shall be side or rear entry. A garage may open to the street if it is placed at least twenty feet (20') behind the front building line of the Lot as approved by the ACC.
All garages must have doors and the doors must be equipped with automatic garage door openers.
All garage doors which are visible from a street must be kept closed at all times except for allowing for ingress and egress. No carports visible from the street shall be permitted on any Lot.
29 7.01 ARTICLE Vil EASEMENTS, ZONING AND OTHER RESTRICTIONS Easements.
(2) Declarant hereby expressly reserves to the Dec-arant, its successors and assigns forever, the right to create perpetual easements in, on, over and under any part of the Property owned by Declarant for any purpose which Declarant Yeems necessary, including, by way of example, and not limitaticn, the followimg: slopes and prevent t or which might create obstruct or retard re-planting of hedges, shrubbery, bushes, trees, nature.
but not limited to, private streets, in the performance of their er, an easement is hereby granted to the Association, its cfficers, eKany service.
(c) Each Lot and its Owner is hereby declared to have an easement, and the ame is hereby granted to Declarant, over all adjoining Lets and Common Property for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of any Structure, or any other
l adjoining Lets and Common Property for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of any Structure, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shifting, provided, however, that in no event shall an easement for encrozchment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a Structure on ary Lot is partially or totally destroyed and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and there _ shall be easements for the maintenance of said encroachments so long as they shall — | exist. Each of the easements hereinabove referred to shall be deemed to be | 30 established upon the recordation of this Declaration and skall be appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot.
(d) In the event that audio and video communication services and utilities are made available to any of said Lots by means of an underground coaxial cable system, the company furnishing such services and facilities shall have a two foot (2') wide easement along and centered on the underground wire or cable when and as installed (e) No Owner shall have any right to use any easem® tetas Declarant or conveyed by Declarant to the Association ATT ayhanner 7.02 Easement Area. The words "Easement Area" < for which such Easement Area is reserved AMtho wrongful act solely by reason of such entry an are done in accordance with the provisions k leaving each Lot in good condition anc repair following any work or activity ys ey ian/EAsement Area pursuant ta the provisions of Section
of such entry an are done in accordance with the provisions k leaving each Lot in good condition anc repair following any work or activity ys ey ian/EAsement Area pursuant ta the provisions of Section 7.01.
Development, applicable zoning laws, or by the laws, rules or al body. In the event of any conflict between such laws, rules or ants, restrictions and easements created or imposed by this Declaravion, the shall govern and control.
recorded subdivisio regulations of an ARTICLE VIII ENFORCEMENT 8.01 Right of Enforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by (i) the Declarant so long as it is an Owner, (11) the Association, (iii) each Owner, his legal representatives, heirs, successors and assigns.
8.02 Rights of Abatement.
(a) Except where different notice provisions are provided in Sections 5.11 and 6.16, in the event of a violation or breach of any Restriction containec in this Sil Declaration, the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach end the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of said written notice, then the Association shall have the right of abatement ("Right of Abatement").
notice to the Owner to abate, extinguish, remove, or repair such€ao other condition which may exist thereon contrary to the provT8i eget, without entry and such actions, provided such entry accordance with the provisions of this Section/a the costs of collection and reasonable attorney's manner arise to be imposedG@pon
the provT8i eget, without entry and such actions, provided such entry accordance with the provisions of this Section/a the costs of collection and reasonable attorney's manner arise to be imposedG@pon imposed by judgment or decr€ secure debt, or other instya public charges as ape IV hereof, and Gti of which areas aw made superior, (ii) the liens created by Article t or mortgage given to secure a loan the proceeds aSe a Lot or Lots (together with any and all Structures me be placed or located thereon), or (2) to finance the 8.03 Pend iyfce. Nothing contained in this Declaration shall be deemed to Declarant, the Association or any Owner to enforce the Restrictions oft aia or to recover damages. However, it is hereby declared that it brovided by, this Declaration, and therefore, any beneficiary hereof shall be by way of injunction or specific performance, as well as any other relief available 8.04 Collection of Assessments and Enforcement of Lien.
(a) Ifany Assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may (i) bring an action at law against the Owner personally obligated to pay the same, (ii) bring an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien (which shall include the right, but not the obligation, to file a notice of lien against said Lot in the Deed Records of Tarrant County, Texas), or both, for the purpose of collecting such 32 Assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorney's fees.
(b) As an additional remedy, but in no way as a limitation on the remedies, if any Assessment, interest, cost or other charge is not paid as required by this
ion, including reasonable attorney's fees.
(b) As an additional remedy, but in no way as a limitation on the remedies, if any Assessment, interest, cost or other charge is not paid as required by this Declaration, each Owner hereby grants to the Association and its assigns the following irrevocable power of attorney. To sell the said Lot or Lots subj ect to the lien at auction, at the usual place for conducting sales at the Court House i County, Texas, to the highest bidder for cash, after providing to the Owngxa Association or any person on behalf of the Association, or a purchase at such sale and thereupon execute and deliye execution of the power of sale herein at i depend atrdeach Owner hereby e dgent and attorney in fact fants and agrees that the assigns, shall be binding and e subject matter of such sale, and the recitals so to be made by the Asso& a conclusive upon the Owner whose prope assigns shall eatlect the proces o amount of Assessment, interes€, cs expenses of sale and fiftesrrT fees, shall pay any, AXES J er, or to the heirs or assigns of such Owner as provided by lawAMg iF and are irrevacebl¢ apacity, or otherwise and are granted as cumulative of said indebtedness provided by law.
“ 5 xAYAIVERY EACH OWNER, BY ACCEPTANCE OF A DEED R THE CONSTITUTION OR THE LAWS OF THE STATE OF EXCEPTING SECTION 51.002 OF THE TEXAS PROPERTY CODE AMENDMENTS THERETO) OR THE CONSTITUTION OR THE LAWS HE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL EARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION, AND EACH OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISICNS OF THIS DECLARATION ON THE GROUND (IF SUCH BE THE CASE) THAT THE
N, AND EACH OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISICNS OF THIS DECLARATION ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER'S POSSIBLE RIGHTS.
33 8.05 No Waiver. The failure of the Declarant, the Association, or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any Restrictions herein contained shall in no event be considered a waiver of the right to Co so thereafter, a3 to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.
ARTICLE IX DURATION AND AMENDMENT 9.01 Duration. This Declaration and the Restrictions contained herein sha and recorded in the deed records of Tarrant County, Texas, or in such other place ef te ig As may be approrriate at 9. 02 Amendments b Declarant.
aE 4 od in which Declarant retains the right Declaration by an instrument in watti ed axiréeorded in the Deed Records of Tarrant County, Texas, without the approval ofayy Wie that such amendment maternal raniees any Owner's rights to the use and enjoyment of y as set forth in this Declaration or if such ameadment erally and adversely affect the lien status, security and interest of snt shall be valid only upon the written consent thereto of all such instruments relating to the Development (i) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental
uch instruments relating to the Development (i) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, (iti) if such amendment is required by an institutional or governmental lender, purchaser or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot subject to this Declaration, (iv) ifany such amendment is necessary to enable any governmental agency or reputable 34 private insurance company to insure mortgage loans on the Lots subject to this Declaratior, or (v) if such amendment is necessary to correct a scrivener's error in the drafting of this Declaration.
9.03 Amendments by Association. Amendments to this Declaration, other than those authorized by Section 9.02 hereof, shall be proposed and adopted in the following manner: (a) Notice of the subject matter of the proposed amendment shall be included in the notice of the meeting of the Association at which such proposed am is to be considered and shall be delivered to each member of the Assogia (b) At such meeting, a resolution adopting a proposed a proposed by either the Board or by Members of the Associatio’ must be approved by Members Neen at least two-thirds 24 er Declaration has the the Association, such y amendment of this Declaration endment, or, in the alternative, and
by Members of the Associatio’ must be approved by Members Neen at least two-thirds 24 er Declaration has the the Association, such y amendment of this Declaration endment, or, in the alternative, and required, the Declarant and any moftg shall be evidenced by their efScuti provided that Declarant does obtained. Any such amendment of this Declaration hen recorded or at such later date as may be specified ARTICLE X WWNWEXATION AND FUTURE DEVELOPMENT . anexation. For so long as Declarant has authority to appoint and remove Directors aad Officers e Association, additional real property may be annexed to the Property by the Deslarant wifhgut the consent of the Class A Members. Such annexation may be accomplished by Deed Records of Tarrant County, Texas, an approved subd:vision plat describing the real property to be annexed to the Property and by including on such subdivision plat a statement that expressly sets forth the Declarant's intention to make such annexed real property subject to the provisions of this Declaration; or (ii) filing an amendment to the Declaration which kas been consented to by the owners of the real property to be annexed if such real property is owned by someone other than Declarant; or (iii) amending the existing subdivision plat to include the real property to be annexed. Each Owner, by acceptance of a deed to his or her Lot, shall be deemed to have consented to and approved of all such amendments to the Declaration, amendments to any existing subdivision plats and new subdivision plats placed of record wh:ch are to be subject to the provisions of this Declaration. At the expiration of Declarant's right to appoint and remove Directors 35 and Officers of the Association, no real property may be annexed to the Property unless such
e provisions of this Declaration. At the expiration of Declarant's right to appoint and remove Directors 35 and Officers of the Association, no real property may be annexed to the Property unless such annexation is approved by a two-thirds (2/3rds) vote of the Members of the Association who are present in person or by proxy and voting at a meeting of Members duly he-d in accordance with the provisions of the Bylaws of the Association.
10,02 Future Development. Notwithstanding any other provision contained herein to the contrary, and subject to applicable zoning regulations, Declarant shall have the right, for so long as Declarant has the authority to appoint and remove Directors and Officers of the Associ¢ annex real property according to the procedure set forth in Section 10.01, which real pe be developed as office, retail, commercial property, apartment complexes, condomini allocated to such property, which determination will be based upon Occupants of said property have the right to use and are benefited by determination shall be made by amendment to this Declaration, yw of any Member or third party. Notwithstanding the foregoing, 4 property annexed pursuant to this Section 10.02 be entitled to units, with respect to an apartment complex.
atttfe Owner(s) of such (1) vote per 4 apartment 11.01 No Reverter. No restrigt condition subsequent or as creating a p y acourt that any provision hereof is invalid for any reason shall not affect the vali her provision hereof.
Hroughout this Declaration, the masculine gender shall be deemed to include iné neuter, and the singular, the plural, and vice versa.
ices. All amendments, notices, requests, objections, waivers, rejections, verity, 1 such writings shall be sufficient only if deposited in the United States Mail, certified
the plural, and vice versa.
ices. All amendments, notices, requests, objections, waivers, rejections, verity, 1 such writings shall be sufficient only if deposited in the United States Mail, certified or registered, return receipt requested, with sufficient postage, and sent to the following addresses: (a) Declarant: STRIMM, L.P.
7755 Bellaire Drive South Fort Worth, Texas 76132.
(b) Owners: Each Owner's address as registered with the Association in accordance with the Bylaws.
36 Any written communication transmitted in accordance with this Section 11.05 shall be Geemed received on the third (3rd) day following the day such written notice is deposited in the United States Mail.
11.06 No Liability. Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and every Owner shall have the right and the power to enforce the terms and provisions of this Declaration against every other Owner. However, in the event that this Declaration is, for any reason whatsoever, unenforceable by an Ownez (or any other pérson) in a court of law or otherwise, Declarant shall have no liability of any kind as a re. uch unenforceability, and each and every Owner, by acceptance ofa deed conveying a Lot eS that declarant shall have no such liability.
11.07 Insurance.
ents located on the company authorized to ism, malicious mischief amount adéquate to cover the cost or replacement of such improvements in the syent of loss of any and/or all of such improvements, fixtures and conte such amounts as shall be aterm the Common Property.
avfage or destruction by fire or other casualty to ent covered by insurance written in the name of s duly authorized agent shall proceed with tke filing aigns arising under such insurance and obtain reliable and
estruction by fire or other casualty to ent covered by insurance written in the name of s duly authorized agent shall proceed with tke filing aigns arising under such insurance and obtain reliable and he costs of repair or reconstruction of the damaged or y damage or destruction shall be repaired or reconstructed unless, within 60) days after the casualty, at least seventy-five percent (75%) of the total Ociation entitled to vote thereon, and, so long as the Declarant has the right to appoint and remove directors, the Declarant, otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then the period shall be extended until such information shall be made ; available; provided, however, such extension shall not exceed one hundred twenty (120) days. No Mortgagee shall have right to participate in the determination of whether damage or destruction shall be repaired or reconstructed.
If the damage or destruction for which the insurance proceeds are raid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost 37 thereof, the Board shall, without the necessity of a vote of the Association's Members, levy a Special Assessment. Additional Assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or ifthe improvements are not repaired or reconstructed, such excess shall be deposited for the benefit of the Association.
In the event that it should be determined by the Association in th
struction or ifthe improvements are not repaired or reconstructed, such excess shall be deposited for the benefit of the Association.
In the event that it should be determined by the Association in th described above that the damage or destruction shall not be » reconstructed and no alternative improvements are author:zed, then in (c) The deductible for any casualty insuranc¢ Association shall, in the event of damage or £0: persons who are responsible hereunder fe ainte destroyed property.
os , deahigotate among the the damaged or ibed h above, the Association shall Misurance as may berequired from time yr Federal Housing Administration, Ng residential subdivision communities.
(d) In addition to the coverage obtain such additional amounts and typeSo to time, by either the Veterans Adp 11,08 Ademnify every officer and director against any and él fees reasonably incurred by or imposed uyon any ection with any action, suit, or other proceeding ance, malfeasance, misconduct or bad faith. The officers and directors shall personal liability with respect to any contract or other commitment made thet, in good faith, on behalf of the Association (except to the extent that such Offfcers or directors may also be members of the Associacion), and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall, as a common expense, maintain adequate general liability and officers' and directors’ liab:lity insurance to fund this obligation. ,
former officer or director, may be entitled. The Association shall, as a common expense, maintain adequate general liability and officers' and directors’ liab:lity insurance to fund this obligation. , (b) Each Owner shall be liable to the Association for any damage to the Common Property of any type or to any equipment thereon which may be sustained by reason of the negligence of said Owner, his tenants, employees, agents, 38 customers, guests or invitees, to the extent that any such damage shall not be covered by insurance. Each Owner does further, by the acceptance of a deed, agree to indemnify each and every other Owner, and to hold harmless each anc every other Owner, from any claim of any person for personal injuries or property damage occurring within or upon his Lot.
ARTICLE XII MORTGAGEE PROVISIONS notwithstanding any other provisions contained therein.
12.01 NoticesofAction. An institutional holder, insuré who provides written request to the Association (such request holder, insurer, guarantor and the Residence number, therefore be entitled to timely written notice of: amed 4 address of such "eligible holder"), will portion of the Development or w mortgage held, insured, ondparal ént of Assessments or charges owed by an Owner of a Resi sup} mortgage of such eligible holder where such delinquency has ithics a period of sixty (60) days; provided, however, notwithstand stoi, any holder of a first mortgage, upon request, is : m the Association of any defeult in the performance by e of any obligation under the Declaration or Bylaws of the (a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Property which the Association owns, directly or indirectly
under the Declaration or Bylaws of the (a) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Property which the Association owns, directly or indirectly (the granting of easements for public utilities or other similar purposes ccnsistent with the intended use of the Common Property shall not be deemed a transfer within the meaning of this subsection); (b) change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Residence; 39 (c) by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Residences and of the Common Property (the issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision); (d) fail to maintain insurance, as required by this Declaration; or § or secure new policy, and first mortgagees making such payments shall be q mediate retmbursement from the Association.
12.03 No Priority. No provision of this De Residence in the cases of distribution to suck Syn ep for losses to or a taking of the Common Prop 12.04 Notice to Association. {Upon t, each Owner shall be obligated to furnish to der of any mortgage encumbering such Owner's Hi€h necessitate the provisions of this Article or make any such + Board, without approval of the Owners, may cause an amendment erans Administration Approval. As long as the Declarant has an option Ct property to this Declaration as provided in Article X, the following actions e prior approval of the Veterans Administration so long as the Weterans
Approval. As long as the Declarant has an option Ct property to this Declaration as provided in Article X, the following actions e prior approval of the Veterans Administration so long as the Weterans to the Development, except for annexation by Declarant in accordance with Article X, pursuant to a plan of annexation previously approved by the Veterans Administration; dedication of Common Property to any public entity; and material amendment of the Declaration, Bylaws or Articles of Incorporation.
12.07 Applicability of Article XII. Nothing contained in this Article shall be construed to reduce the percentage vote that must otherwise be obtained under the Declaration, Bylaws, or Texas law for any of the acts set out in this Article.
40 12.08 Failure of Mortgagee to Respond. Any mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Association's request, ARTICLE XH CONDEMNATION 13.01 Condemnation or Other Governmental Taking. Ifall or any part of-fire Property is taken by any authority having the power of condemnation cr eming conveyed in lieu thereof by the Association with the approval of at least seven of the Class A Members and of Declarant, as long as Declarant owns at lega award or proceeds as follows: (a) If the taking or sale in lieu Property on which improvements h& (60) days after such taking, Declarant é seventy-five percent (75%)>of Association shall restore or ré Aprovements to the extent practicable, on ordance with the plans approved by the If the awards or proceeds are not rated from a reserve fund established for such purpose,
sociation shall restore or ré Aprovements to the extent practicable, on ordance with the plans approved by the If the awards or proceeds are not rated from a reserve fund established for such purpose, e or more Special Assessmen:s, in an amount sufficient e taking or sale in lieu thereof does not involve any improverents to 'ymon Property, or if there are excess funds remaining after any res:oration eplacement of the improvements, then the Association shall retain the award, Draceeds, or excess funds for the benefit of the Association; and (c) If the taking or sale in lieu thereof includes all ar any part of the Common Property, then a court of competent jurisdiction shall apportion such award or proceeds between the Association and the Owners of the other property taken so as to give just compensation to each. In lieu of seeking judicial apportionment, (i) the Association, (ii) the Owners and their lenders of all Lots and Residences wholly or partially taken, and (iii) Declarant, as long as Declarant owns at least one (1) Lot or has the right to annex property to the Development, may mutually agree on the method of apportionment.
4} 13.02 IN WITNESS provided in the acknof 2003.
Condemnation of Lots.
(a) If all or any part of a Lot is taken by an authority having the power of condemnation or eminent domain, or is conveyed tn lieu thereof, and the Owner elects not to restore the remainder of the Lot, then the Owner shall promptly remove any remaining improvements damaged or destroyed by such taking or conveyance and shall leave the Lot in a clean, orderly, safe, and sightly condition. In addition, if the size or configuration of the Lot remaining after such taking or convefance is applicable zoning, subdivision, building, and other governmentg
orderly, safe, and sightly condition. In addition, if the size or configuration of the Lot remaining after such taking or convefance is applicable zoning, subdivision, building, and other governmentg the Owner, after removing all remaining improvements 72 33 asin Fike i clean, orderly, safe, and sightly condition, may deed thg ay 12 port Lot to the Association as a part of the Commo \Upor'the conveyance by an Owner of his remaining portion of a Lot, the/ hat-6t be a Member.
(b) If any part of a Lot is taken by an ity having the pawer of condemnation or eminent domain, onveyed iirTtieu thereof, and the Owner elects to restore the remainder of th then the Owner shall restore the remainder of the Lot in nearly as p the same condition it was :n prior to such taking or convey. erdance with all applicable standard, restrictions, and provision eclaration and all applicable zoning, subdivision, building, émmental regulations. The Owner shall commence the restorati ithff sixty (60) days after the taking or conveyaace and shall proceed die and workmanlike manner to completion.
42 THE STATE OF TEXAS § § COUNTY OF TARRANT § The foregoing instrument was acknowledged before me on the AS day of 2003, by Steve Hawkins, President SJ SHCH, LLC, a Texas limited liability company, on behalf of _said comp any, as General Partner of STRIMM, L.P., a Texas limited partnership.
BONNY HINES Notary Public 5 STATE OF TEXAS § My Comm. Exp. 11/28/20048 SICK pe? TIE te Q NOTARY PUBLIC /S} ATE OF TEA PRINTED NAME OF NOTARY MY COMMISSION EXPIRES: The Association, by the execution hereof, acknowledges ees that the Association is hereby bound by all of the Association's obligatioms uxder this Declaration of Covenants, Restrictions and Easements.
¢ through its duly authorized officer, has Geen , 2003.
es that the Association is hereby bound by all of the Association's obligatioms uxder this Declaration of Covenants, Restrictions and Easements.
¢ through its duly authorized officer, has Geen , 2003.
IN WITNESS WHEREOF, the Assoofath caused this Declaration to be executed this drggoing instrument was acknowledged before me on the a Dday of Genk eve Hawkins, President of WHITESTONE HEIGHTS HOMEOWNERS Notary Public R PRINTED NAME OF NOTARY MY COMMISSION EXPIRES: 43 EXHIBIT ‘A’ LOTS 1 ~36, BLOCK 1; LOTS 1 & 9, BLOCK 2; LOTS 1-5, BLOCK 3; LOTS 20-35, BLOCK 4; LOTS 10-15, BLOCK 5; LOTS 1-10 & LOTS 18-25, BLOCK 6, AND LOT 1, BLOCK 7, WHITESTONE HEIGHTS ADDITION, PHASE ONE, AN ADDITION TO THE CITY OF BENBROOK, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8434, RECORDS, TARRANT COUNTY, TEXAS.
we AMERICAN TITLE COMPANY 4325 So. HULEN FORT WORTH, TEXAS 76109 D203255633 AMERICAN TITLE 4325 S RULEN FT WORTH TX 76109 -W ARN IN G-THIS IS PART OF THE OFFICIAL RECORD--D O INDEXED--TARRANT COU a e SUZANNE HENDERSO | OFFICIAL RRCE TO: AMERICAN TITLE NY RECELPT NO REGISTRR ( RBGD PRINTED DATE TIME 203429002 DRO hk 07/26/2003 09:09 TIME RECVD 08:34 CG INSTRUMENT FEECD 1 D203255633 WD TO TA f 4 FEE 8: 97.00 PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
STR O Y