Wynnpage-CS 910310DECLARATION OF COVF_,NANTS, CONDITIONS
AND RESTRICTIONS FOR
WYNNPAGE ESTATES, LTD.
'I'IIE STATE OV TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS:
THAT Wyunpage Estates, Ltd., a Texas Limited Partnership (the "Declarant"), is the
owner of all that certain tract of land platted and described as Wynnpage Estates (the
"Addition"), an Addition to the City of Coppell (the "City"), Texas, according to the plat thereof
(the "Plat") recorded in Volume 92001, Page 2952, of the Plat Records of Dallas County (the
"County"), Texas.
Declarant has subdivided the property into single-family lots as shown on the Plat.
Declarant hereby declares that all of the property described above shall be held, sold and
conveyed subject to the following easements, restrictions, covenants and conditions, which are
for the purpose of establishing a general scheme for the development of all of the lots in the
Addition and for the purpose of enhancing and protecting the value, attractiveness and
desirability of said lots and which shall run with the land and be binding on all parties having
or acquiring any right, title or interest in the property or any part thereof, and which shall inure
to the benefit of ~ch owner thereof.
ARTICLE I
CO_N_~TRUCTION OF IMPROVEMENTS AND USE OF LOTS.
Section 1.1 Re_ sidential Us.e. All lots shall be used for single-family residential
purlx)ses cn[y. No building shall be erected, altered, placed or permitted to remain on any lot
othe~ than one (1) detached single-family residence per lot, which residence may not have a
building height of less than thirty-five (35) feet or more than two (2) stories in height except,
dwellings on Lots 13 through 26 of Block A of the Addition, should not exceed one (1) story
in height, and a private garage as provided below.
Section 1.2 ~Single-Fanqily Use.. ~Each residence may be occupied by only one family
consisting of persons related by blood, adoption or marriage or no more than two unrelated
persons living and cooking together as a single housekeeping unit, together with any household
servants.
Section 1.3 Garages. Each residence shall have a garage suitable for parking not
less than one (1) or more than three (3) standard size automobiles, which garage conforms in
design and materials with the main structure. All garages shall be side swing in or rear swing
in attached garage or a detached garage connected to the house by a breezeway as approved by
the Committee, which structures shall conform in design and materials with the main structure.
Ail g~a_~e dcx)r~ shall be clos~ at all times except as may be necessary for the entry_ and exit
f v hi 1 . n r ns. No masonite garage doors shall be allowed.
Section 1.4 R~trictions on Re~ubdivisi0n. None of the lots shall be subdivided into
smaller lots.
Sec/ion 1.5 Drivcw~yt. All driveways shall be surfaced with concrete, or concrete
aggregate or a similar substance approved by the Committee.
Section 1.6
Uses S_necifically Prohibited.
(a) No temporary dwelling, shop, trailer or mobile home of any kind or any
improvement of a temporary character (except children's playhouses, dog houses,
greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which
may be placed on a lot only in places which are not visible from any street on which the
lot fronts) shall be permitted on any lot except that the builder or contractor may have
temporary improvements (such as a sales office and/or construction trailer) on a given lot
during construction of the residence on that lot. No building material of any kind or
character shall be placed or stored upon the property until the owner thereof is ready to
commence construction of improvements, and then such material shall be placed within
the property lines of the lot upon which the improvements are to be erected.
(b) No boat, marine craft, hovercraft, aircral't, recreational vehicle, pick-up
camper, travel trailer, motor home, camper body or similar vehicle or equipment may be
parked for storage in the driveway or front yard of any dwelling or parked on any public
sireet in the Addition, nor shall any such vehicle or equipment be parked for storage in
the side or rear yard of any residence unless completely conce,nled from public view. No
such vehicle or equipment shall be used as a residence or office temporarily or
permaneatly. This restriction shall not apply to any vehicle, machinery or equipment
temlx~r~rily parked and in use for the construction, maintenance or repair of a residence
in the immediate vicinity.
(c) Trucks with tonnage in excess of one half (1/2) ton and any vehicle with
painted advertisement shall not be permitted to park overnight within the Addition except
those used by a builder during the construction of improvements.
(d) No vehicle of any size which transports inflammatory or explosive cargo
may be kept in the Addition at any time.
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(e) No structure of a temporary character, such as a trailer, basement, tent,
shack, barn or other out-building shall be used on any property at any time as a dwelling
house; provided, however, any builder may maintain and occupy model houses, sales
offices and construction trailers during the construction period.
(t) No oil drilling, oil development operation, oil refining, quarrying or
mining operations of any kind shall be permitted in the Addition, nor shall oil wells,
tanks, tunnels mineral excavations or shafts be permitted upon or in any part of the
Addition. No derrick or other structure designed for using in quarrying or boring for oil,
natural gas or other minerals shall be erected, maintained or permitted within the Addition.
(g) No animals, livestock or poultry of any kind shall be raised, bred or
kept on any property in the Addition except that dogs, cats or other household pets may
be kept For the purpose of providing companionshiP for the private family. Animals are
not to be raised, bred or kept for commercial purposes or for food. It is the purpose of
these provisions to restrict the use of the property so that no person shall quarter on the
premises cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys,
skunks or any other animals that may interfere with the quietude, health or safety of the
community. No more than four (4) pets will be permitted on each lot. Pets must be
restrained or confined on the homeowner's back lot inside a fenced area or within the
house. It is the pet owner's responsibility to keep the lot clean and free of pet debris.
All animals must be properly tagged for identification.
(h) No lot or other area in the Addition shall be used as a dumping ground
for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers
in appropriate locations which may be specified by the Committee and, unless otherwise
expressly permitted by the Committee, such containers shall be situated and enclosed or
screened so as not to be visible from any residential street, private drive or adjacent lot.
All incinerators or other equipment for the storage or other disposal of such material shall
be kept in clean and sanitary condition. Materials incident to construction of
improvements may be stored on lots during construction so long as construction progresses
without undue delay.
(i)
No individual water supply system shall be permitted in the Addition.
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Addilion.
No individual sewage disposal system shall be permitted in the
(k) No garage, garage house or other out-building (except for sales offices
and construction trailers during the construction period) shall be occupied by any owner,
tenant or other person prior to the erection of a residence.
(I) No air-conditioning apparatus shall be installed on the ground in front
of a residence. No air-conditioning apparatus shall be attached to any front wall or
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window of a resideuce. No evaporative cooler shall be installed on the front wall or
window of a residence. All utility meters, equipment, air-conditioning compressors, air-
conditioning and heating units and similar items must (to the extent reasonably practicable)
be visually screened from the street and adjoining lots and must be located in areas
acceptable to the Committee.
(m) Except with the written permission of the Committee, no antennas shall
be permitted in the Addition except antennas for AM or FM radio reception and UHF and
VHF television reception. All antennas shall be located inside the attic of the main
residential structure except that, with the written permission of the Committee, one (1)
antenna may be permitted to be attached to the roof of the main residential structure and
to extend above said roof a maximum of five (5) feet. No use shall be made of any lot
or structure thereof for any type of radio or television or similar broadcasting system.
(n) No lot or improvement shall be used for business, professional,
commercial or manufacturing purposes of any kind. No activity, whether for profit or
not, shall be conducted which is not related to single-family residential purposes. No
~o~ious or offensive activity shall be undertaken within the Addition, nor shall anything
be done which is or may become an annoyance or nuisance to the neighborhood. Nothing
in this subparagraph shall prohibit a builder's temporary use of a residence as a sales
office until such builder's last residence in the Addition is sold. Nothing in this
subparagraph shall prohibit an owner's use of a residence for quiet, inoffensive activities
such as tutoring or giving art lessons so long as such activities do not materially increase
the number of cars parked on the street or interfere with adjoining homeowner's use and
enjoyment of their residences and yard.
(o) No fence, wall, hedge or shrub planting which obstructs sight lines and
elevations between three (3) and six (6) feet above the roadway shall be placed or
permitted to re/naln on any corner lot within the triangular area formed by the street right:
of-way lines and a line connecting them at points ten (10) feet from the intersection of the
street right-of-way line with the edge of a private driveway or alley pavement. No tree
shall be permitted to remain within such distance of such intersections unless the foliage
line is maintained at sufficient height to prevent obstruction of such sight lines.
(p) Except for children's playhouses, dog houses, greenhouses, gazebos and
buildings for storage of lawn maintenance equipment, no building previously constructed
elsewhere shall be moved onto any lot, it being the intention that only new construction
be placed and erected thereon.
(q) Within easements on each lot, no structures, planting or materials shall
be placed or permitted to remain which may damage or interfere with the installation and
maintenance of utilities, which may change the direction of flow within drainage channels
or which may obstruct or retard the flow of water through drainage channels.
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(r) No sign of any kind shall be displayed to the public view on any lot
except one (1) professional sign of not more than six (6) square feet advertising the
property for sale, or professional signs not exceeding thirty-two (32) square feet used by
a builder to advertise the property during the construction and sales period. Declarant or
its agents shall have the right to remove any sign, billboard or other advertising structure
that does not comply with the foregoing requirements, and in so doing shall not be subject
to any liability for trespass or any other liability in connection with such removal. All
signs are subject to the approval of the Committee and may be required by the Committee
to be removed if, in the sole judgment of the Committee, same are found to be
inconsistent with the high standards of the Addition.
(s) Thedrying of clothes in full public view is prohibited. Theowners and
occupants of ,'my lots at the intersections of streets or adjacent to parks, playgrounds or
other facilities where the rear yard is visible to full public view shall construct a drying
yard or other suitable enclosure to screen fi'om public view high equipment that is incident
to normal single-family residences, such as clothes drying equipment, yard equipment and
storage piles.
(t) Except within fireplaces in the main residential dwelling and except for
outdoor cooking, no burning of anything shall be permitted anywhere within the Addition.
(u)
No carport shall be permitted on a lot.
(v) No abandoned, derelict or inoperative vehicles may be stored or located
on any lot unless visually screened from other lots and from any residential street.
Section 1.7 Minimum Floor Area And Miniml~m Lot Size and Width. The total air-
conditioned living area of the main residential structure, as measured to the outside of exterior
w~dls but exclusive of open porches, garages, patios and detached accessory buildings, shall be
~o~ less than One Thousand Eight Hundred Fifty (1,850) square feet or the minimum habitable
floor arc;~ as slx:cificxl by the City, whichever is the greater. Lots 13 and 14 of Block A in the
Addition shall t~ave a minimum lot size of eight thousm~d four hundred fifty (8,450) square feet,
ixvts ~5 througi~ 27 of Block A in the Addition shall have a minimum lot size of nine thousand
(9,000) square ['cet, and all remaining lots in the Addition shall have a minimum lot size of seven
thousand four hundred (7,400) square feet. Lots I9 through 27 of Block A in the Addition shall
have a minimam tot width of seventy-five (75) feet and all remaining lots in the Addition shall
have a minimum lot width of sixty-six (66) feet.
Section 1.8 Btfilding Materials; Exterior Items and Surfaces. The total exterior wall area
of each building constructed or placed on a lot shall be not less than eighty (80) percent (or such
higher percentage as may be required by the Committee) brick, brick veneer, stone, stone
veneer, masonry or other material approved by the Committee. Windows, doors, and similar
openings are included in the calculation of the total exterior wall area. No plywood or masonite
shall be used on any exterior wall. Roofing shall be in earth tones and be composed of man-
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made slate, cedar shingles, wooden shakes, composition shingles or other materials acceptable
to the City and the Committee. Composition shingles shall weigh at least 240 pounds per 100
square feet, with at least 1/2 inch decking being used in conjunction with the composition roof.
Installation of all types of exterior items and surfaces such as address numbers or external
ornamentation, lights, mail chutes, mall boxes, exterior paint or stain, shall be subject to the
prior approv~tl of the Committee both as to design, materials and location.
Section 1.9 Side Line and Front Line Setback Restrictions. No dwelling shall be
located on any tot nearer to the front lot line or nearer to the side street line than the minimum
setback lines shown on the plat or required by the City. Subject to the immediately preceding
sentence and except as approved by the Committee, no building shall be located on any lot (i)
nearer than twenty-five (25) feet to, nor further than thirty-five (35) feet from, the front lot line,
(ii) nearer than twenty (20) fet to the rear lot line, or (iii) nearer than eight (8) feet to any side
lot line (interior lot line), except that structures on corner lots shall be no nearer than fifteen (15)
feet to the side property line adjoining the street. For the purposes of these covenants, eaves and
steps and open porches shall not be considered as a part of the building, provided, however, that
this shall not be construed to permit any portion of a building on a lot to encroach upon another
lot.
Section 1.10 Waiver of Front Setback Requirements. With the written approval of
the Committee, any building may be located farther back from the front property line of a lot
than provided above, where, in the opinion of the Committee, the proposed location of the
building will add to the appearance and value of the lot and will not substantially detract from
the appearance of the adjoining lots.
Section 1.11 Fences and Walls. Any screening fence or wall must be constructed of
masonry, brick, wood or other material approved by the Committee. The Committee requires
construction of (i) an eight (8) foot screening l'cnce (with metal IX~Sls and caps) along the western
boundary of the Additoin, (ii) a six (6) foot tnasonry screening fence along the southern
boundary (lots 13-17 of Block A) of the Addition, (iii) a six (6) foot wooden screening fence on
lots 5-12 of Block A of the Addition, and (iv) a six (6) foot masonry screening fence along the
eastern and northeastern boundary of the Addition. No fence or wall shall be permitted to extend
nearer to any street than the front building line of any residence. Fences or walls erected by
Declarant shall become the property of the Homeowner's Association, and, as such, shall be
ma/ntained a:~d repzdred by the Homeowner's Association to be formed in accordance with
Article II hereof, No portion of any fence shall extend higher than eight (8) feet in height.
Section 1.12
regulations.
Sidewalks. All sidewalks shall conform to City specifications and
Section 1.13 Mailboxes. Mailboxes shall be constructed of brick, masonry or other
material approved by the Committee and shall be of standardized construction and appearance,
similar to other mailboxes in the Addition. Mailboxes shall be arranged as gangboxes if so
required by the U.S. Postal Service.
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Section 1.14 Commencement of Cgnstructi0n. Each residence constructed on each
lot and any other improvements thereto shall be commenced and completed with due diligence
promptly after approval by the Committee of the plans and specifications prepared in connection
with such construction.
Section i. 15 lJtilifi¢~. Except as to special street lighting or other aerial facilities
which may be required by the City or which may be required by the franchise of any utility
company or which may be installed by the Declarant pursuant to its development plan, no aerial
utility facilities of any type (except meters, risers, service pedestals, transformers and other
surface installations necessary to maintain or operate appropriate underground facilities) shall be
erected or installed in the Addition whether upon individual lots, easements, streets or rights-of-
way of any type, either by the utility company or any other person or entity, (including, but not
15hired to, water, sewer, gas, electricity and telephone). These utilities shall be buried
underground unless otherwise required by a public utility.
Section 1.16 Landscape Work. Each lot owner shall, not later than thirty (30) days
after the substantial completion of the residence constructed on its lot, fully complete the
landscaping of the front yard of the lot upon which such residence has been constructed,
including, without limitation, the planting of grass (sodding), hedges and shrubs, at said owner's
sole cost ~d expe,~se. The plans for such landscaping shall be approved by the Committee prior
to the commencement of such landscape work on a lot. In no event shall the landscaping for any
lot be less than sixteen (16) (a minimum of 5 gallon size) shrubs, fully sodded front and side
yards, and one (1) 3" to 4" caliper trees in the front yard. Lots with existing trees shall receive
a credit for this tree requirement.
ARTICLE II
AR¢HITECT[JRAL (~0NTROL AND HOMEOWNER'S ASSOCIATION
Section 2.1 Appointment. Declarant shall designate and appoint an Architectural
Control Committee (herein called the "Committee") composed of three (3) individuals, each
generally familiar with the residential and community development design matters and
knowledgeable about Declarant's concern for a high level of taste and design standards within
the Addition. The Committee shall use its best efforts to promote and ensure a high level of
taste, design qu~ity, harmony and conformity throughout the Addition consistent with this
declaration.
Seetion 2.2 Successors. In the event of the death, resignation or removal by
Decla~m'~t ot' ,'my member of the Committee, the remaining member(s) shall appoint a successor
member. In default of such appointment, Declarant shall have full authority to designate and
appoint a successor. No member of the Committee shall be entitled to compensation for, or be
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liable for claims, causes of action or damages arising out of services performed pursuant to this
declaration.
Section 2.3 A~thori[y. No building, fence, wall or other structure shall be
commenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting
of, exterior addition to, or alteration of, such items be made until all plans and specifications and
a plat plan have been submitted to and approved in writing by a majority of the members of the
Committee as to:
(a) quality of workmanship and materials, adequacy of site dimensions,
adequacy of structural design, proper facing of main elevation with respect to nearby
streets;
(b) confor~nity and harmony of the external design, color, type and
appearance of exterior surfaces and landscaping in relation to the various parts of the
proposed improvements and in relation to improvements on other lots in the Addition;
(c) location with respect to topography and finished grade elevation and
effect of location and use on neighboring lots, improvements and drainage arrangements;
and
(d) the other standards set forth within this declaration (and any
amendments hereto) or matters in which the Committee has been vested with the authority
to render a final interpretation and decision.
The Committee is authorized and empowered to consider, review and approve any and all
aspects of construction and landscaping which may, in the reasonable opinion of the Committee,
adversely afl'cot thc living enjoyment of one or morc lot owners or the gcncral value of lots in
the Addition.
Section 2.4 Proq:edure for Approval. Final plans and specifications shall be
submitted in duplicate to the Committee. The plans and specifications shall show the nature,
kind, shape, height, materials and location of all improvements. The documents shall specify
any requested variance from the setback lines, garage location or any other requirement set forth
in this declaration. The Committee is authorized to request the submission of samples of
proposed constraction materials. At such time as the plans and specifications meet the approval
of the Committee, one complete set of plans and specifications will be retained by the Committee
and the other complete set of plans shall be marked "Approved", signed by a majority of the
Committee and returned to the lot owner or his designated representative. If disapproved by the
Committee, one set of such plans shall be returned marked "Disapproved" and shall be
accompanied by a reasonable statement of the reasons for disapproval, which statement shall be
signed by a majority of the Committee. Any modification of the approved set of plans and
specifications must again be submitted to the Committee for its approval. The Committee's
approval or disapproval, as required herein, shall be in writing. If the Committee fails to
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approve or disapprove such plans and specifications within thirty (30) days after the date of
submission, written approval of the matters submitted shall not be required and compliance with
this Article shall be deemed to have been completed. In case of a dispute about whether the
Committee responded within such time period, the person submitting the plans shall have the
burden of establishing that the Committee received the plans. The Committee's receipt of the
plans may be established by a signed certified mail receipt.
Section 2.5 Standards. The Committee shall have sole discretion with respect to
taste, design and all standards specified herein. One objective of the Committee is to prevent
unusual, radical, curious, odd, bizarre, peculiar or irregular structures from being built in the
Addition. The Committee shall also have the authority to require roof slope, to specify that
fireplaces and chimney flues be covered with brick or masonry, to prohibit the use of light-
weight composition roof material to require the use of anodized aluminum divided light windows,
and generally to require that any plans meet the standards of the existing improvements on
neighboring lots. The Committee may from time to time publish and promulgate bulletins
regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall
carry forward the spirit and intention of this declaration.
Section 2.6 Termination: Continuation. The Committee appointed by Declarant
shall cease to exist on the earlier of (a) the date on which all the members of the Committee file
a document declaring the termination of the Committee, or (b) the date on which residences have
been constructed on all lots in the Addition. Notwithstanding the above provision, at any time
after the termination of the Committee, the recorded owners of a majority of the lots in the
Addition shall have the authority to record an instrument which provides for a committee elected
by the homeowners to continue the functions of the Committee, which instrument shall establish
election or appointment procedures whereby the homeowners' committee members shall be
chosen and a notice procedure whereby all homeowners in the Addition will receive notice of
such procedures. If there is no Comlnittee or homeowners' cmmnittee, no approval by tile
Co:nmittee or homcowners' committee shall be required under this declaration; variations from
the standards set forth in this declaration shall be made in accordance with the general
development standards as reflected in the plans, construction materials, landscaping and other
matters approved by the Committee or homeowners' committee during their periods of control.
Section 2.7 Wynnpage Estates Homeowner's Association. Declarant may at any
time cause to be est~tblished a Wynnpage Estates Homeowner's Association, a Texas non-profit
corporation, for the purpose of maintaining all walls, landscaping, roads and any other common
areas and all common services of every kind and nature required or desired within the
subdivision for the general use and benefit of ali lot owners. Each lot owner shall be a member
of and be subject to the obligations and duly enacted bylaws of the Wynnpage Estates
Homeowner's Association.
ARTICLE III
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SPECIAL FENCING AND LANDSCAPING
Section 3.1 Fences. Walls and Sprinkler Systems. For a period of five (5) years
after the recording of this document, Declarant shall have the right to erect, install, maintain,
repair and/or replace fences, walls and/or sprinkler systems along the eastern boundary of the
subdivision that comprises the masonry screening wall and features associated with such wail.
Any fence, wall or sprinkler system shall become the property of the Homeowner's Association
in accordance with Article 2.7 hereof.
Section 3.2 L,,-md;caping. Declarant shall have the right to grade, plant and/or
landscape and maintain, repair, replace and/or change such grading, planting and landscaping
along the masonry screening wall.
Section 3.3 F4asement. Declarant shall have, and hereby reserves, the right and
easement to enter upon the area along the masonry screening wall for the purpose of exemising
the discretionary rights set forth above.
Section 3.4 Declarant's Discretion. Notwithstanding any provisions herein to the
contrary, Declanmt shall never be obligated to erect, install, maintain, repair or replace any
fences, walls, sprinkler systems, grading, planting or landscaping on any lots.
Section 3.5 Fivg-Yq4~r Limitation. The provisions of this Article regarding
Declarm~t's rights shall terminate and be of no further force and effect from and after that date
which is five (5) years after the recording of this document unless, pursuant to Section 4.13, the
homeowners elect to exercise Declarant's rights hereunder.
ARTICLE IV
GENERAL PROVISIONS
Section 4.1 Easements. Easements for the installation and maintenance of utilities
a~:d drainage facilities are reserved as shown on the Plat. Easements are also reserved for the
it:stallation, operation, maintenance and ownership of utility service lines from the property lines
to the residences. Declarant reserves the fight to make changes in and additions to the above
easements for the purpose of most efficiently and economically installing improvements. By
acceptance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass
and to keep ,'md maintain in a neat and clean condition any easement which may traverse a
portion of the lot.
Section 4.2 Recorded Plat. All dedications, limitations, restrictions and reservations
shown on the plat are incorporated herein and shall be construed as being adopted in each
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contract, deed or conveyance executed or to be executed by Declarant, conveying lots in the
Aclclition, whell~er SlY~citTcally refen'ed to therein or not.
Section 4.3 Lg~ gnO Entr~n¢¢ Maintenance. The owner and occupant of each lot
shall cultivate an attractive ground cover or grass on ail yards visible from the street, shall
maintain the yards in a sanitary and attractive manner and shall edge the street curbs that run
along the property line. Grass, weeds, and vegetation on each lot must be kept mowed at regular
interva/s so as to maintain the property in a neat and attractive manner. No vegetables shail be
grown in any yard that faces a street. No owner shall permit weeds or grass to grow to a height
of greater than six (6) inches upon his property. No foundation planting, shrub or other
vegetation near the house shall be ailowed to grow above the bottom of any window. If, after
ten (I0) days prior written notice, an owner of a lot shall fail to: (a) control weeds, grass
:md/or other uasightly growth; (b) remove trash, rubble, building and construction debris; (c)
exercise rcasona0te c,'u'e and conduct to prevent or remedy an unclean, untidy or unsightly
condition; or (d) otherwise satisfy the aforesaid maintenance requirements, then the Declarant
shall ha,;e the authority and right but not the obligation to go onto the subject lot for the purpose
of mowing and cleaning said lot or to otherwise effect the aforesaid maintenance requirements
and shall have the authority and right to assess and collect from the owner of said lot the amount
so expended by the Declarant in connection with mowing, cleaning or otherwise maintaining said
lot on each respective occasion of such mowing cleaning or maintenance. The owners of ail of
the lots shall be responsible for the costs of (i) maintaining and repairing the screening wall, and
(ii) the watering, maintaining and relandscaping of the entrance to the property as such matters
are determined from time to time by the Homeowner's Association. The Homeowner's
ASsociation may from time to time assess and collect from the owner of each lot, on a pre rata
basis based upon the total actual and/or projected costs divided by the number of lot owners, the
funds necessary to perform past and future maintenance and landscaping. The assessments,
together with interest at the highest rate permitted by law thereon and costs of collection thereof,
shall be a charge on the land and shall be a contimfing lien UlYOn each lot against which each such
assessment is made. .Each such assessment, together with such interest thereon and costs of
collection thereof, shall until payment also be the continuing personal obligation of the person(s)
a ho was the owner of such lot at the time when the assessment occurred. The lien securing any
such assessment shall be subordinate and inferior to the lien of any mortgage existing prior to
the assessment date and to any renewals or extensions of such mortgage.
Section 4.4 Maint¢nance of Improvements. Subject to the provisions of Article III,
each lot owner shall maintain the exterior of all buildings, fences, wails and other improvements
on his lot in good condition and repair, and shall replace worn and rotten parts, and shall
regularly repaint all painted surfaces and shall not permit the roofs, rain gutters, downspouts,
exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the
improvements to deteriorate in an unattractive manner.
Section 4.5 Mgrtgages_. it is expressly provided that the breach of any of the
foregoing conditions shall not defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and for value, as to the same premises or any part thereof encumbered by
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such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired
by foreclosure, trustce's 'sale or otherwise, as to any breach occurring after such acquisition of
title.
Section 4.6 Tq:rm. The foregoing covenants and restrictions shall run with and bind
the land and shall remain in full force and effect for a term of five (5) years after this declaration
is recorded. They shall be automatically extended for successive periods of five (5) years unless
amended as provided herein or as allowed by applicable law.
Section 4.7 Severability. If any condition, covenant or restriction herein contained
shall be invalid, which invalidity shall not be presumed until the same is determined by the
judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any
other condition, covenant or restriction, each of which shall remain in full force and effect.
Section 4.8 Binding Effect. Each of the conditions, covenants, restrictions and
agreements herein contained is made for the mutual benefit of, and is binding upon, each and
every person acquiring any part of the Addition, it being understood that such conditions,
covenants, restrictions and agreements are not for the benefit of the owner of the land except
land in the Addition and the same shall inure to the benefit of owners of land in the Addition and
the Declarant, its successors and assigns. This instrument, when executed, shall be filed of
record in the deed records of the County so that each and every owner or purchaser of any
portion of the Addition is on notice of the conditions, covenants, restrictions and agreements
contained herein.
Section 4.9 Enfgrcemcnt. The owner of any lot in the Addition shall have the
easement and right to have each and all of the foregoing restrictions, conditions and covenants
herein faithfully carried out and performed with reference to each and every lot in the Addition,
together with the right to bring suit or undertake any legal process that may be proper to enforce
the performance thereof, it being the intention hereby to attach to each lot in the Addition,
without reference to when it was sold, the right and easement to have such restrictions,
conditions and covenants strictly complied with, such right to exist with the owner of each lot
and to apply to all other lots in the Addition whether owned by the undersigned, its successors
and assigns, or others. Failure by any owner, including Declarant, to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 4.10 Definition of "Owner". As used herein, the term *owner" shall refer
to the recorded owner, whether one or more persons or entities (including contract sellers), of
the fee simple title to a lot on which there is or will be built a single-family residence, but not
including those having an interest merely as security for the performance of an obligation.
Section 4.11 Other Authorities. If other authorities, such as the City or County,
impose more demanding, expensive or restrictive requirements than those set forth herein, the
requirements of such authorities shall be complied with. Other authorities' imposition of lesser
requirements than those set forth herein shall not supersede or diminish the requirements herein.
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Section 4.13 Amendment. Until the conveyance by Declarant of ninety percent
(90%) of the total number of lots in the Addition to third parties unrelated to the Declarant, the
Declarant, its successors or assigns, at its discretion, may abolish or amend the covenants,
conditions and restrictions set forth herein in whole or in part without the consent of any other
lot owners. Subsequent to such conveyance, the covenants, conditions and restrictions set forth
herein may be amendM with the consent of fifty-one percent (51%) of the then owners
(including Declarant) of the lots (with one vote to be cast for each lot so owned) evidenced by
a document in 'writing bearing each of their signatures. Notwithstanding the above, for the five
(5) years following the recording of this declaration, no amendment of the covenants, conditions
and restrictions set forth herein shall be valid or effective without the joinder of the Declarant.
]);X[iCUTED this day of
, 1991.
Address:
6161 Harry Hines, Suite 210
Dallas, Texas 75235
WYNNPAGE ESTAT ~ES
a Texas Limited Partnership
By: W.P. ESTATES, LTD., a Texas limited
partnership and General Partner of Wynnpage
Estates, Ltd.
By: LT REAL ESTATE CORPORATION, a
Texas corporation and general partner of
the General Partner
By:
J. Waymon Levell
The undersigned, being a lienholder on the property affected by the foregoing covenants,
~ioins in the execution hereof for the purpose of consenting to the restrictions and covenants
:r~erein contained and of subordinating said lien to said restrictions and covenants.
By:
Robert A. Nickell
13