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Country Estates-CS 921023 DECLARATION OF COVENANTS AND RESTRICTIONS THE STATE OF TEXAS § DEED 32.00 TOTL :~"~. O0 § A001 0104 0000000 5399 3:38P1~ 10/26/92 COUNTY OF DALLAS § These Covenants made as of the ~'~ day of October, 1992, by H.T. Ardinger & Son Company, a Texas Corporation. WITNESSETH: Whereas, Developer desires to establish the Land as a single family development consisting of lots which are individually owned in fee simple; Whereas, Developer desires to establish certain covenants, easements, and restric- tions for the mutual benefit and protection of the Owners; Now, therefore, Developer does hereby publish and declare that the following terms, provisions, covenants, conditions, easements, restrictions, reservations, uses, limitations, and obligations shall run with the Land, and shall be a burden and benefit to the Developer, the Owners and their respective heirs, legal representatives, successors, and assigns: ARTICLE I DEFINITIONS Section 1.01 As used in these Covenants, the following terms shall have the meaning set forth below: (a) "Association" shall mean COUNTRY ESTATES OWNERS. ASSO(]IATION, a Texas non-profit corporation, created for the purposes and possessing the rights, powers, and authority set forth herein and in the Charter. (b) "Board of Directors" shall mean the Board of Directors of the Asso- ciation named in the Charter and their successors as duly elected and qualified from time to time. (c) "Building" shall mean any vertical structure located on the Land. (d) "Bylaws" shall mean the Bylaws of the Association initially adopted by the Bodrd of Directors, as duly amended from time to time. (e) "Charter" shall mean the Articles of Incorporation of the Association filed with the Secretary of State of Texas as duly amended from time to time.  g) "Covenants" shall mean the covenants, conditions, easements, charges, servitu es, liens, reservations, and assessments set forth herein. (h) "Deed" shall mean a deed or other instrument conveying the fee simple title to a lot. (i) "Developer" shall mean H.T. Ardinger & Son Company, a Texas Corporation, and any party to whom it shall expressly assign in writing its fights, powers, privileges, or prerogatives hereunder. (j) "First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien or encumbrance upon a Lot. (k) "First Mortgage" shall mean any bank, insurance company, savings and loan association, mortgage company, agency, or instrumentality of the United States Government or other institutional holder of First Lien Indebtedness. (1) "Land" shall mean that certain tract of land located in Dallas County, Texas, and more particularly described in Exhibit "A" attached hereto and made a part hereon, together with all and singular the fights and appurtenances pertaining thereto. (m) "Lot" or "Lots" shall mean, individually or collectively, those certain lots designated as Block A, Lots 1 through 13, and Block B, Lots 1 through 16, an addition to the City of Coppell, Texas, according to the plat thereof recorded in the Map Records of Dallas County, Texas. (n) "Owner" shall mean and refer to the person or persons, entity or enti- ties, who own of record fee simple title to a LOt. The term "Owner" to exclude any person or persons, entity or entities, having an interest in a, Lot merely as a security for the performance of an obligation and the term "owner' to include Developer if Developer is a record owner of fee simple title to a LOt. (o) "Plat" shall mean that certain Plat depicting Country Estates, an. addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 92188, Page 3639, of the Map Records of Dallas County, Texas, as the same may be amended from time to time. (p) "Residence" shall mean that portion of a Building which is located wholly on a LOt and which is designed as a single-family dwelling unit (including that portion of any such Residence which is a garage for the parking of automobiles). ARTICLE II GENERAL PROVISIONS Section 2.01 The land shall be subject to the Covenants and said Covenants shall run with, be for the benefit of, and bind and burden the Land. Section 2.02 The Covenants shall be binding upon and for the benefit of each owner and his heirs, executors, administrators, trustees, personal representatives, successors, and assigns, whether or not so provided or otherwise mentioned in the Deed. ARTICLE III USE RESTRICTIONS Section 3.01 All lots within the land are hereby restricted as follows: 2 (a) All lots shall be used for single-family residential purposes only. No Building or structure shall be erected, altered, placed, or permitted to remain on any Lot other than a single-family dwelling and, if any, its customary and usual accessory structures (unless prohibited herein). No Building or structure intended for or adapted to business purposes shall be erected, placed, permitted, or maintained on such premises, or any part thereof, save and except those related to development, construction, and sales purposes of the Developer. This covenant shall be construed as prohibiting the engaging in or practice of any commerce, industry, business, trade, or profession on any lot. The restrictions on use herein contained shall be cumulative of, and in addition to, such restrictions on usage as may from time to time be al~plicable under and pursuant to the statues, rules, regulations, and ordinances of the City of Coppell, Texas, or any other governmental authority having jurisdiction over any lot. _ (b) No Residence constructed in COUNTRY ESTATES shall contain less than 3,100 square feet of fully enclosed floor area devoted to living purposes measured from exterior wall to exterior wall for any residence. The fully enclosed floor area devoted to living purposes shall be exclusive of porches, terraces, garages, and other areas not heated or air conditioned. In addition to the foregoing, all Residences shall have a garage of sufficient size for at least two automobiles. (c) No exterior television, radio, satellite disk, or other antenna of any type shall be placed, allowed, or maintained upon any Lot or Buildingwithout prior written approval and authorization of the Architectural Control Committee, as hereinafter defined. The Architectural Control Committee may consider permitting such if such receivers are screened from view from any street or road. (d) At least eighty percent (80%) of the exterior walls of the first floor of each Building on a Lot shall be of masonry construction exclusive of doors and windows. Each story above the first story of a Residence shall have masonry or story coverage consistent with the City of Coppell, Texas. All exterior fireplaces shall be of masonry construction. Stucco shall not be permitted as an exterior finish material. .(e) No exterior storage of any items of any kind shall be permitted except with prior written approval and authorization of the Architectural Control Comm~t- tee. Any such storage as is approved and authorized shall be in areas attractively screened or concealed (subject to all required approvals as to architectural control) from view from neighboring property, pathways, and streets. This provision shall apply without limitation, to campers, trailers, boat trailers, travel trailers, boats, mobile homes, and unmounted pickup camper units. Also without limitation, no automobile, truck, unregistered vehicle, or other vehicle, regardless of ownership, age, condition, or appearance shall remain on any lot in any manner which could be construed as being stored, neglected, abandoned, or otherwise not in frequent use, except pursuant to written approval and authorization of the Architectural Control Committee. if) No' garbage or trash will be placed about the exterior of any Building, except ~n receptacles meeting the specifications of the City of Coppell, Texas, and the Architectural Control Committee, and the placement, maintenance, and appearance of all such receptacles shall be subject to reasonable rules and regula- tions of the the Architectural Control Committee. All rubbish, trash, and garbage shall be regularly removed from each LOt and shall not be allowed to accumulate thereon. (g) No radio, stereo, broadcast, or loud speaker units, and no amplifiers of any kind shall be placed upon or outside, or be directed to the outside of any Building without prior written approval and authorization of the Architectural Control Committee. (i) No animals, reptiles, fish, or birds of any kind shall be raised, bred, or kept on any lot except pursuant to prior written approval of the Architectural Con- trol Committee, provided, however, that dogs, cats, birds, or fish may be kept therein as household pets, so long as, in the discretion of the Architectural Control Committee, such pet is not, or does not become, a nuisance, or threat to other Owners. (j) No Lot shall be further subdivided and no portion less than all of any such Lot (including the garage), shall be conveyed by any Owner. (k) No Owner shall permit any thing or condition to exist upon any Lot which shall include, breed, or harbor plant disease or noxious insects. (1) No machinery, fixtures, or equipment of any type, including without limitation, heating, air conditioning, or refrigeration equipment, and clotheslines, shall be placed, allowed, or maintained upon the ground on any Lot, except with the prior written approval and authorization of the Architectural Control Committee, and then only in areas attractively screened or concealed (subject to all required approvals as to architectural control) from the view of neighboring property, path- ways, and streets; and no such machinery, fixtures, or equipment snall be placed, allowed, or maintained anywhere other than on the ground (such as on the roof) except if screened or concealed (subject to all required approvals as to architectural control) in such manner that the screening or concealment thereof appears to be part of the integrated architectural design of the building and does not have the appearance of a separate piece or pieces of machinery, fixtures, or equipment. (m) No gas, electric power, telephone, water, sewer, cable television, or other utility or service lines of any nature or kind shall be placed, allowed, or main- tained upon or above the ground on any Lot, except along tlae perimeter boundary of the Land except to the extent, if any, underground placement thereof may be prohibited by law or would prevent the subject line from being functional. The foregoing shall not prohibit service pedestals and above-ground switch cabinets and transformers where required. (n) No open fires or burning shall be permitted on any Lot any time, and no incinerators, or like equipment shall be placed, allowed, or maintained upon any Lot. The foregoing shall not be deemed to include the use, in customary fashion, of outdoor residential barbecues or grills, however, such bargecues shall not include underground or pit barbeques on an ongoing basis. (o) Except with respect to signs and advertisements placed and main- tained by the Developer prior to the conveyance by it of all of the Lots, no exterior signs or advertisements may be placed, allowed, or maintained on any Lot without prior written approval and authorization of the Architectural Control Committee, except for (i) during the applicable initial construction and sales period, one professional sign (of not more than fifteen (15) square feet in size) per Lot may be utilized for advertising and sales purposes; (ii) thereafter, a dignified "for sale" sign (of not more than five (5) square feet in size) may be utilized by the Owner of the respective Lot for the applicable sale situation; (iii) mailboxes and residential 4 nameplates may be placed and maintained in conformity with such common specifications, including without limitations, reasonable restrictions, as to size, as may be adopted by the Architectural Control Committee prior to being displaced on any Lot, and (iv) yard signs during election periods as permitted by the City of Coppell. (p) No on-going repairs of any detached machinery, equipment, or fixtures, including without limitation motor vehicles, shall be made upon any portion of any Lot within view of neighborinlg property, pathways, and streets, without prior written approval and authorization otthe Architectural Control Committee. (q) No oil exploration, drilling, development or refining operation, and no quarrying or mining operations of any kind, including oil wells, service, tanks, tunnels, or mineral excavations or shafts shall be permitted upon or under any Lot; and n.o_ derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Lot. (r) No portion of the Land may be developed or redeveloped otherwise than in accordance with its original intended use, without prior written approval and authorization of the Architectural Control Committee. (s) No LOt shall be maintained or utilized in such a manner as (in the dis- cretionary judgment of the Architectural Control Committee) to present an unsightly appearance, or as to unreasonably offend the morale of or as to constitute a nuisance or unreasonable annoyance to, or as to endanger the health of, other owners or resi- dents of the Land, and no noxious or otherwise offensive condition or activity shall be allowed to exist or be conducted thereon. (t) No Lot shall be maintained or utilized in such manner as to violate any applicable statute, ordinance, or regulation of the United States of America, the State of Texas, the County of Dallas, the City of Coppell, or any other governmental agency or subdivision having jurisdiction in the premises. (u) No LOt shall be maintained or utilized in violation of the Covenants. (v) . Motor vehicles owned or in the custody of any Owner can b? parked only in the garage or garage apron located upon or pertaining to such owner s Lot, or in parking areas designated by the Architectural Control Committee. No buses, vans, or trucks having a carrying capacity in excess of 3/4 tons or designed for com- mercial purposes shall be placed, allowed, or maintained on any Lot, except with prior written approval and authorization of the Architectural Control Committee. (w) The garage door on each lot shall be kept closed at all times except when such garage is being entered or exited, and all garages which face a public street shall have operational automatic garage door openers. (x) No Building or improvement (fences, etc.) shall be permitted to fall into disrepair, and any such Building shall at all times be kept in good condition and repair, adequately painted, or otherwise finished. ' (y) The Owners of any Lot shall have the right to lease or rent all, but not less than all, of such LOt with the Residence and appurtenances thereon. Any such lease or tenance is and shall be subject to all of the provisions of this Declaration. (z) White brick, or light color brick with a dark or black high contrast brick blend with a highly spotted appearance is prohibited. Similarly very dark brick with white or very light bricks in a blend with a spotted appearance are prohibited. No home shall be constructed of a brick blend either next to, or across the street from another home with the same brick blend. The brick selected by an owner shall be approved by the Architectural Control Committee for use prior to its purchase or installation on any home. (aa) Except for Block A Lot 3, ali garage doors shall be side or rear entry. (bb) Front yard or publically visible side yard retaining walls shall be of stone, brick, or other approved materials. Other materials such as railroad ties or boards are not permitted unless specifically approved by the Architectural Control Committee. (cc) Roofing materials shall be of fire resistant wood shingles, tile, asphalt 300 lb minimum) or fiberglass composition (280 lb or 25 years warranty minimum). iberglass composition shingles shall be used to simulate wood shingle textures and be of weathered wood or charcoal color. All roofing shall comply with City of Coppell codes and be approved by the Architechural Control Committee. (dd) Any fence or wall must be constructed of brick or high quality wood. No wooden lap fencing or shadow box fencing is permitted. No fence shall exceed eight feet (8') ~n height. (ce) All privacy fencing along any lot line along a public street yard, shall be of all brick or a minimum of brick column and wood panel construction. Brick columns shall be no less than sixteen feet (16') on center spacing and each column shall be no less than eighteen inches (18") by eighteen inches (18") in width. Any wood fence sections shall have the finished side facing the street. Fencing along the front of any house that connects to side yard fencing shall be of brick, or other masonary, columns and iron rail fence, with iron gates. ARTICLE IV ASSOCIATION, ORGANIZATION, AND MANAGEMENT Section 4.01 The Board of Directors of the Association shall consist of not less than three (3) no more than six (6) members, the exact number to be fixed in accordance with the provisions of the Bylaws. The initial Board of Directors shall consist of Kirk Widener, Ray Williamson and Terry Holmes. Section 4.02 The Association shall have two classes of voting membership: (a) Class A: Class A members shall be all Owners with the exception of the Developer. Class A members shall be entitled to one (1) vote for each Lot which they own. When more fhan one person holds record title to a Lot, all such persons shall be members of the Association; however, the vote for such Lot shall be exercised as, they among themselves determine, but in no event shall more than one vote be cast with respect to any such LOt. (b) Class B: The Class B member shall be the Developer. The Class B member shall have a total number of votes equal to 4 votes per lot which he owns. However, on the later of (a) December 31, 1995, or when the Class B member only retains title to one remaining Lot, the Class B member shall at all times thereafter be entitled to only one (1) vote for every Lot owned by it. Notwithstanding anything to the contrary contained herein, the Class B member shall be entitled to only one (1) vote for each Lot which it then or thereafter owns. Section 4.03 Each Owner of a Lot shall be a member of the Association, and such membership shall continue so long as such person or entity continues to be an Owner. The membership of any Owner in the Association shall be appurtenant to and may not be sepa- rated from record ownership of any Lot, and the transfer of any membership in the Associ- ation which is not made as a part of the transfer of a lot shall be null and void. ownership of a Lot shall be the sole qualification of being a member of the Association. Each Owner shall comply with all rules and regulations as established by the Association from time to time. Section 4.04 The Association shall have the duty to maintain all common areas on the land and shall have the right, power, and authority to do any act which is consistent with or required by the provisions of these Covenants or the Bylaws, whether the same be expressed or implied, including but not limited to the following: (a) The power to levy and collect Assessments (of whatever nature) for the maintenance, repair, or replacement of the common areas existing on the land and for such other purposes as are herein provided for; (b) The power to keep accounting records with respect to all activities and operation of the Association, and hire management or legal services to provide for administration of the Association; (c) The power to contract with and employ others for maintenance and repair; and (d) The power to adopt rules and regulations concerning the operation of the Association. Section 4.05 The Association, through the Board of Directors, shall have the right to enforce the Covenants, except and to the extent that the right to enforce certain provisions herein has been granted to the Architectural Control Committee, whether expressly or by implication. If the Board of Directors shall fail or refuse to enforce these Covenants for an unreasonable period of time, after written request to do so, then any aggrieved Owner may enforce these Covenants on his own behalf by appropriate action, whether in law or in equity. ARTICLE V ASSESSMENTS, MAINTENANCE FUND, AND ASSESSMENT LIENS Section 5.01 The Association shall possess the right, power, authority, and obligation to establish an annual assessment sufficient in the judgment of the Board of Directors to pay and when due all charges , expenses related to the operation of the Association. Such annual assessments so established ~shall be payable to by the Owners on the first day of each calendar year. They shall be applied to the payment of charges for which the Association is responsible, including, without limitation, charges relating to maintenance and repair, public liability and other insurance coverage which is required or permitted to be maintained by 7 the Association, taxes, assessments, and other governmental impositions not separately levied and assessed, utilities not separately assessed, professional services (such as accounting and legal), and such other costs and expenses as may reasonably relate to the proper operation, management, and administration of the Association. No consent or approval of the Owners shall be required for the establishment of the annual assessments contemplated by this section. During initial sales and construction phases, Owners other than the original devel- oper shall pay a pro rata assessment based upon the balance of the remaining calendar year, to be calculated starting the month following the date of purchase, with one twelfth (1/12) of the annual assessment calculated for each remaining month of the calendar year. This pro rata assessment is due and payable within 30 days from the date of purchase. Thereafter, the assessments are annual as per this section. Initial assessments are anticipated to be ten dollars ($10) per lot per month which will be the basis for determining pro rata assessments on a calendar year basis. Section 5.02 Prior to the commencement of each calendar year, the Association, through the Board of Directors, shall prepare and deliver to each of the Owners a budget setting forth the anticipated expenses for the ensuing year. Such budget shall be in sufficient detail so as to inform each Owner of the nature and extent of the expenses anticipated to be incurred, and shall be accompanied by a statement setting forth each owner's annual pro rata share thereof and the date on which such annual assessment first commences to be payable. The Board may provide that annual assessments shall be paid monthly, quarterly, semi-annually, or annually. No further communication shall be necessary to establish the amount of each owner's obligation regarding the annual assessment payable hereunder, and the failure of the Board of Directors to timely deliver the budget provided for herein shall in no event excuse or relieve an owner fi.om the payment of the annual assessments contemplated hereby. Any budget prepared and delivered to the Owners as hereby contemplated may be amended as and to the extent reasonably necessary, and the amount of an Owner's annual assessment changed, to correspond therewith. 5.02 (a) The Annual Assessments shall include reasonable amounts, as determined by the Board, collected as reserves for the future periodic maintenance, repair, and/or replacement of all or a portion of the Common Area. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited by the Association in a separate bank account to be held in trust for the purposes for which they were collected and are to be segregated from and not com- mingled with any other funds of the Association. Assessments collected as reserves shall not be considered to be advance payments of regular Assessments. Section 5.03 In addition to the annual assessments contemplated hereunder, the Association shall possess the right, power, and authority to establish special assessments fi.om time to time as may be necessary or appropriate in the judgment of the Board of Directors to pay (i) non-recurring expenses relating to the proper operation, management, and the admimstration of the Association, or (ii) non-recurring expenses relating to the roper maintenance, care, alteration, improvement, or reconstruction of specific Lots including the Buildings thereon) in the manner hereinafter specified. 5.03 (a) It is fully anticipated that Lots 10, 11, 12 and 13 of Block A will each maintain their respective length of erosion protection along their lot along Grapevine Creek. Since a lack of maintenance of any portion of such erosion protection could jeopardize another section on another lot, each of these lots may be subject to special assessments should the Association be required to incur cost in the repair of such erosion protection, if the respective lot owner has failed to maintain such. Owners of Lots 10, 11, 12 and 13 of Block A accept the authorization of reasonable access for, and cooperation with, the Association in case erosion protection repairs are necessitated. 5.03 (b) It is fully anticipated that Lots 3 and 4 of Block A will each maintain their respecfi~;e length of floodplain area along their respective length of lot. Erosion orotection may, from time to time, be necessary either in slop? mmntenance or other [rosion protection method. This obligation is the responsibdity of the lot owner a. nd the Association may, upon failure of maintenance by the owner, author'.tze repairs. Each respective owner may be subject to special assessments should the Assocmtion be required to incur cost to repair or install erosion protection. Owners of Lots 3 and 4 of Block A accept the authorization of reasonable access for and cooperation with the Association in case erosion protection measures or repairs are necessitated. 5.03 (c) It is fully anticipated the owners of Lots 1 and 13 of Block A and Lots 1 and 9of~k B will have Country Estates project.ent~ feat.urges !,ocated with. in th_e. coruer area of each lot. These features shall not t)e .alterea r)y me respecuve ~ot owners without the specific written authorization of the Board of Directors. It shall be each respective lot owners responsibility to maintain landscaping around each respective entry feature. Failure to do so would entitle the Association to maintain such and subjugate the lot owner to s_pecial ass.?sment for .s.u. ch landscaping maintenance. {donstruction or repairs or' structurat features snan t>e the ultimate obligation of the Association and each lot owner authorizes reasonable access and cooperation with the Association in case construction or repairs are necessitated. 'Section 5.04 Each Owner shall be personally obligated to pay his pro rata share of all assessments establ/shed pursuant to these Covenants. Each Owner's pro rata share shall be equal to a percentage of the total amount of the assessments established pursuant to these Covenants determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute the personal obligation of the Owner of such LOt at the time such assessment became due. No Owner shall be entitled to exempt himself from the liability of such Owner's obligation to pay such assessments by an abandonment of his LOt or by any other action whatsoever. Any such assessment not paid within fifteen (15) days of the date due shall bear interest at the rate of eighteen percent (18%) per annum, and shall be recoverable by the Association, together with interest as aforesaid and all costs and expenses of collection of suit, including reasonable attorney's fees, in a court of competent iuiisdiction sitting in Dallas County, Texas. It shall be the responsibility of the Board of ~)irectors to collect any such delinquent assessments, the existence of which shall be made known by written notice delivered to the defaulting owner and such Owner's First Mort- gagee. Not withstanding the previous paragraph, until such time as Class B member votes transition to one vote per lot (pursuant to Section 4.02 (b)). The Developer shall not be obligated to pay pro rata share assessments on lots owned by the Developer. Section 5.05 An Owner's pro rata share of all assessments established pursuant to these Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon in favor of the Association, which lien shall be prior and superior to all of the liens and encumbrances upon such Lot and Residence, regardless of how created, evi- denced, or perfected, other thart the liens securing the payment of First Lien Indebtedness and the lien for unpaid taxes, assessments, and other governmental impositions. Such lien and encumbrance may be enforced by any means available at law or in equity, including, without limitation, a non-judicial foreclosure sale of the Lot of a defaulting owner conducted in accordance with the provisions of V.T.C.A. Property Code Section 51.002 with the Board of Directors having the power to appoint a trustee to conduct such sale. The Association or any other Owner may be the purchaser at such foreclosure sale. Section 5.06 The Association shall promptly transmit to an Owner, such Owner's First Mortgagee, or any other interested party requesting such information, a statement setting forth the amount of any delinquent assessments payable by an owner, as well as the amount of the annual assessment payable at the time of such request. ARTICLE VI IMPROPER MAINTENANCE BY OWNER Section 6.01 In the event any Lot (including Building or Residence located thereon) is, in the judgment of the Architectural Control Committee or of the Association, through the Board of Directors, so maintained by its Owner as to not complywith these Covenants or so as to present a public or private nuisance or so as to substantially detract from the appearance or quality of the neighboring Lots or other areas of the Land which are substantially affected thereby or related thereto, the Architectural Control Committee or the Association, through the Board of Directors, may, by resolution, make a finding to that effect specifying that the particular condition or conditions which exist, and pursuant thereto deliver notice thereof to the offending Owner that unless corrective action is taken within ten (10) days, the Association will cause such action to be taken at such owner's cost. If at the expiration .of said ten (10) day period of time the requisite corrective action has not been taken, and unless a reasonable extension is approved by the Architectural Control Committee, the Board of Directors shall be authorized and empowered, on behalf of the Association, to cause such action to be taken. Such corrective action allows for access, and trespass may be necessary to complete the maintenance. The cost (the "Maintenance Cost") thereof shall be assessed against the Lot of the offending Owner and shall be secured by the Maintenance Lien as hereinafter provided. Written notice of such assessment shall be delivered to the offending Owner which notice shall specify the amount of such Maintenance Cost and shall demand payment thereof within thirty (30) days after the date of said notice. Section 6.02 The Board of Directors shall have the right at any time there are unpaid Maintenance Costs outstanding with respect to a Lot to file with the County Clerk of Dallas County, Texas, a statement describing such lot and declaring the amount of unpaid Maintenance costs relating thereto in which event, upon such filing, there shall be automatically imposed on such Lot a Lien (the "Maintenance Lien") in favor of the Asso- ciation for the amount of such unpaid Maintenance Costs relating to any such lot. Upon a _yment of the Maintenance Costs secured by such maintenance Lien by or on behalf of the t against which the Maintenance Lien is imposed, the Board of Directors shall file or record with the County Clerk of Dallas County, Texas, and appropriate release of such Maintenance Lien previously filed against the Lot thereof for such Maintenance Costs. The Maintenance Lien shall be for the sole benefit of the Association. Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trustee, personal representatives, successors and assigns, covenants and agrees: (a) That he will pay to the Association within thirty (3) days after the date of written notice thereof any Maintenance Costs assessed against his LOt; and 'soo3 s,,~otuolle oIqruoseoa pue 'mnuue ~od (%8I) luovsod oql o~noos ol pomoop oq [l~qs uo~ oou~uolu~m oql pu~ '~oj olq~ ~H~uos~od oq [~qs ~ou~ oql 'oIO~ s~ql ~o ~0'9 uo~looS ol ~u~ns~nd uo~l uo~ Ku~ uI 90'9 · oils q~ns -~]op ~ ~oaooo~ ol l~u oql pu~ Z~'Ig uon~oS oPOD ~odoxd ~'D'~'A ~o suois -~o~d oql ql~ o~uep~6o~ u~ ol~s l~[~pn[-u6u ~ ~un~npuoo ~o ~o~od oq~ ~u~pnl~ui) ql~ o~u~p~o~o~ u~ 1~ oql lsu~e$e uo[~ o~ueuolu[e~ oql osol~o~od (q) s~ol~o~3o pxeo~ oql 'ql~oj los ~ol~u~o~oq so~pomo~ oql jo ~oql~o ~u~s~oxo Kq 'pue) oql ~o/pue lso3 o~u~uolu~ oql ]o luo~d oql o~o~o ~m s~oloo~ ]o p~o~ 'onp uoq~ lsoD oou~uolu[~ oql ~d ol s[~3 1~ ~u~ 3o ~o~ oql JI ~0'9 uo~looS · poo~ oql pouS[s oq ~oqloq~ jo ssoIp~o~ pu~ poo~ q3ns ug posso~o o~u luomoo~ ~o SlUUUOAOD qans ~oqloq~ 3o SsolP~o~ '3oa~oql ao~ oq; (su~ ~o) s~ oq oI~ 1~ s~q lsu~u~u possossu slsoD oouuuol~u~ Hu puu Kuu ao] oIqu~ IHuuos -aod u~umoa puu oq ~uqs oq '~ s~q o~ poo~ ~uu ~u~dooou oq (q) harmony of external design and location in relation to surroundin.~, structures and topogra- phy by the Architectural Control Committee. All plans and specifications submitted to the Architectural Control Committee shall include plats showing the proposed locations on the Land and the dimensions of all improvements and shall specify in addition to construction diagrams and specifications, all materials to be used and color schemes for all improve- ments. If the Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after such plans and s.p..e.cific.ations .have. been. subm!tted to it, approval of the Architectural Control Committee will oe taeemeO to nave t>een g~ven, and this Article will be deemed to have been fully complied with. The Architectural Control Committee shall have the right, all in the sole discretion of the Architectural Control Committee, to disapprove any plans and specifications submitted to it for any of the fol- lowing reasons: (a) if such plans and specifications are not in accordance with any of the PcrOVisions of these Covenants or the codes, ordinances, and regulations of the City of oppell, Texas; (b) if the external design, elevation, appearance, location, or color scheme for the proposed improvements are not in harmony with the general surroundings of the Land or with the adjacent dwellings or structures or with the topography; (c) if the plans and specifications submitted are incomplete; (d) if the design, appearance, or location of any landscaping is not in harmony with the general surroundings or topography; (e) if the Architectural Control Committee deems the plans and specifications, or any part thereof, to be contrary to the interest, welfare, or rights of any or all parts of the Land. The Archi- tectural Control Committee is authorized to accept whatever drawings, plans, or specifica- tions as it deems desirable within its sole discretion to be in satisfaction of the foregoing. The decision of the Architectural Control Committee shall be final, conclusive, and binding upon all Owners. Neither the Architectural Control Committee nor Developer shall be responsible in any way for any defects in any plans or specifications submitted, revised, or approved in accordance with the foregoing, nor for any structural or other defects in any work done accordin to such lans and specifications. The signature of any two members of g P · · .... ' vd" the Architectural Control Comrmttee on any such plans and specfficat~ons w~th appro e or "disapproved" written or stamped thereon shall be prima facie evidence as to such approval or disapproval being the act of the full Architectural Control Committee. Section 7.03 The Architectural Control Committee shall have the right, but not the obligation, to enforce the provisions of these Covenants. If the Architectural Control Committee shall fail or refuse to enforce these Covenants for an unreasonable period of time after written request to do by any aggrieved Owner, then such aggrieved Owner may enforce these Covenants on his own behalf bY appropriate action. Section 7.04 Neither Developer, the Association, the Architectural Control Com- mittee, and the Board nor the officers, directors, members, employees and agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any tgwner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval variance or failure to approve or disapprove any such plans and specifications. Every person who submits plans or specifications, and every Owner of any of said property agrees that he will not bring any action of suit against Developer, the Association, the Architectural Control Committee, the Board, or the officers, directors, members, employees and agents of any of them, to recover any such damages and hereby releases, remises, and quitclaims all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provide~ that a general release does not extend to claims, demands, and causes of action not known at the time the release is given. ARTICLE VIII ASSOCIATION, ORGANIZATION, AND MANAGEMENT Section 8.01 The Architectural Control Committee may allow reasonable variances and adjustments of these conditions and restrictions in order to overcome practical difficul- ties and prevent unnecessary hardships in the application of the regulations contained herein, but is not under any obligation to issue variances. However, variances shall be in conformity to the intent and purposes hereof and provided also that in every instance such variance or adjustment will not be materially detrimental or injurious to other Lots or improvements on the Land. Determination of such a finding shall lie with the Architectural Control Committee. Granting of a variance for one property does not obligate the Committee to grant further variances for other properties. Each such variance request shall be on a case by case basis. Should the Committee find that a granted variance produced an undesirable result, the Committee may elect not to grant other similar requests. ARTICLE IX LAND SUBJECT TO THIS DECLARATION Section 9.01 All of the Property and any right, title, or interest therein shall be owned, held, leased, sold, and/or conveyed by Developer, and any subsequent owner of all or part thereof, subject to these Covenants and the covenants, restrictions, charges, and liens set forth herein. ARTICLE X MISCELLANEOUS Section 10.01 These Covenants may be revoked or amended in the following man- ner: (a) Until December 31, 1995, .the Architectural Control Committee, together with a majority of the Owners, shall have the right, from time to time, to revoke or amend these Covenants for any purpose by instrument bearing the signa- ture or a majority of the Architectural Control Committee and a majority of the Owners duly acknowledged and recorded in the records of the Office of the County Clerk of Dallas County, Texas. (b) On or after January 1, 1995, sixty-two percent (62%) of the Owners may from time to time revoke or amend these Covenants for any purpose by instrument bearing the signatures of sixty-two percent (62%) of the Owners, duly acknowledged and recorded in the Deed Records of the Office of the County Clerk of Dallas County, Texas. Section 10.02 These Covenants shall be effective upon the date of recordation hereof, and as amended from time to time, shall continue in full force and effect to and including December 31, 2002. From and after said date, these Covenants, as amended, shall be automatically extended for successive periods of ten (10) years, unless there is an affirmative vote to terminate these Covenants by the then Owners of fifty-one percent (51%) of the Lots. :£ '-'- ~" 13 Section 10.03 If any provisions of these Covenants shall be held invalid or unen- forceable, the same shall not affect the validity or enforceability of any of the other provi- sions hereof. Section 10.04 Whenever notices are required to be sent hereunder, the same shall be sent to the Owner who is the intended recipient, by certified o..r registered mail, return receipt requested and postage prepaid, at the address of such Owner's Lot and further pro- vided that any such notice may be delivered in person. Notices shall be deemed received when actually received and whether or not received when deposited in a regularly main- tained receptacle of the United States Postal Service in accordance with the provisions hereof. Notices sent to the Architectural Control Committee or the Association shall be sent by certified or registered mail, return receipt requested and postage_prepaid, only at such address as has previously been specified by the Architectural Control Committee to the Owners or by the Board of Directors to the Owners, respectively. The Architectural Control Committee and the Association may, from time to time, change such specified addresses by giving the Owners notice of such change in the manner herein provided. Section 10.05 Whenever the context so requires, the use of any gender shall be deemed to include all genders, the use of the plural shall include the singular, and the sin- gular shall include the plural. Section 10.06 All captions, titles, or headings of the Articles or Sections in these Covenants are for the purpose of reference and convenience only', and are not to be deemed to limit, modify, or otherwise affect any other provisions nereon, or to be used in determining the intent or context hereof. Section 10.07 If any interest purported to be created by these Covenants is chal- lenged under the Rule Against Perpetuities or any related rule, by interest shall be con- strued as becoming void and of no effect as of the end of the applicable period of perpetu- ities computed from the dat,,e when the period of perpetuities starts to run on the challenged interest; the "lives in bein~ for computing the period of perpetuities shall be those which would be used in determinmg the validity of the challenged interest. EXECUTED on the date first above written. DEVELOPER: '" ~, H.T,~Ardinger & Son C~0mpa~ny,. ~ COUNTY OF DALLAS § ._...,This instrument was acknowledged before me on the ~'~' day of , 19.~_~by/~t.~,,~/,~O/,~c~-a~',~ ~ . , of H.T.' Ardinger & Son Company, a Texas'Corporation, on behalf of said Corporation. My Commission Expires: JJ '..,'.%r,.c...' M...rch ,,3, 1995 JJ 14 deecrlbed ~il p~ ~M M ~ M ~ II la~lM Id unentorc~ble under ~1 ~ STATE OF T~ ~U~ OF DAL~ gtamp~ bereft ~ ~ I~ Wll duly flcord~ I~ the ~1~1 Ifld p~ge of thl fllN ~rd~ of DIIlas ~unty, Tlxll II ~l~p~ hereon by ~ ~ CLERK, Dellas Coufl~, T~