Declaration of Covenants, etc. FOR ..
;i! ,
ASBURY ESTATES
THIS DECLARATION is made this ~ day of , 1998, THE
RYLAND GROUP, INC., a Maryland corporation (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the real property referred to in Article II hereof, and
described on Exhibit "A" attached hereto and made a part hereof for all purposes and desires to
create thereon a residential community; and
WHEREAS, Declarant desires to provide for, among other matters, the preservation of the
values in said community; and, to this end, desires to subject the real property referred to in Article II
to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and
all of which is and are for the benefit of said property and each owner thereof;
NOW, THEREFORE, Declarant declares that the real property referred to in Article II, is and
shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions")
hereinafter set forth.
The' ~ - /J/] ~ "~ a or any Supplemental Declaration (unless the
context ~~/~:~ (~ff/(~ ~0~ wing meanings:
~_~~~ 7-~ '7'~/Y}~O~}(~ er to all such existing property as is subject to
]<[(..~] ~. attached hereto.
(b) "Lot" shall mean and refer to any plot or tract of land shown upon any
recorded subdivision map(s) or plat(s) of the Properties, as amended from time to time,
which is designated as a lot therein and which is or will be improved, with a residential
dwelling. Some portions of the Common Properties may be platted as a "lot" on the recorded
subdivision plat (such as the private streets within the subdivision), however, these lots shall
be excluded from the concept and definition of lot as used herein.
(c) "Owner" shall mean and refer to every person or entity who is a record owner
of a fee or undivided fee interest in any Lot which is subject by covenant of record to
assessment by the Association, including contract sellers. The foregoing is not intended to
ASBURY ESTATES _~ [...--'./!
THIS DECLARATION is made this __ day of , 1998, THE
RYLAND GROUP, INC., a Maryland corporation (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of the real property referred to in Article II hereof, and
described on Exhibit "A" attached hereto and made a part hereof for all purposes and desires to
create thereon a residential community; and
WHEREAS, Declarant desires to provide for, among other matters, the preservation of the
values in said community; and, to this end, desires to subject the real property referred to in Article II
to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, each and
all of which is and are for the benefit of said property and each owner thereof;
NOW, THEREFORE, Declarant declares that the real property referred to in Article II, is and
shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions")
hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration (unless the
context shall otherwise prohibit) shall have the following meanings:
(a) "Property" shall mean and refer to all such existing property as is subject to
this Declaration as described on Exhibit "A" attached hereto.
(b) "Lot" shall mean and refer to any plot or tract of land shown upon any
recorded subdivision map(s) or plat(s) of the Properties, as amended from time to time,
which is designated as a lot therein and which is or will be improved, with a residential
dwelling. Some portions of the Common Properties may be platted as a "lot" on the recorded
subdivision plat (such as the private streets within the subdivision), however, these lots shall
be excluded from the concept and definition of lot as used herein.
(c) "Owner" shall mean and refer to every person or entity who is a record owner
of a fee or undivided fee interest in any Lot which is subject by covenant of record to
assessment by the Association, including contract sellers. The foregoing is not intended to
include persons or entities who hold an interest merely as security for the performance of an
obligation.
(d) "Declarant" shall mean and refer to THE RYLAND GROUP, Inc., and the
successors and assigns (if any) of such corporation. No person or entity purchasing one or
more Lots from such corporation in the ordinary course of business shall be considered as
"Declarant".
(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.
(f) "Covenants" shall mean the covenants, conditions, easements, charges,
servitudes, liens, reservations, and assessments set forth herein.
(g) "Plat" shall mean that certain Plat depicting ASBURY ESTATES, an addition
to the City of Coppell, Dallas County, Texas, as approved by the City Council of the City
of Coppell, Texas for recording in the Map Records of Dallas County, Texas, as the same
may be amended from time to time.
(h) "Association" shall mean the ASBURY ESTATES HOMEOWNERS
ASSOCIATION, a Texas nonprofit corporation, created for the purposes and possessing the
rights, powers and authority set forth herein and in the Charter. The Association shall
provide for the formation of an Architectural Committee and the additional roles and
regulations governing the Asbury Estates Subdivision.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
2.01 Existing Property. The Property which is, and shall be, held, transferred, sold,
conveyed, and occupied subject to this Declaration is located in Coppell, Dallas County, State of
Texas, and are more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference for all purposes.
ARTICLE III
USE OF PROPERTIES AND LOTS - PROTECTIVE COVENANTS
The Properties and each Lot situated thereon shall be constructed, developed, occupied and
used as follows:
3.01 Residential Purposes. Each Lot (including land and improvements) shall be used
and occupied for single family residential purposes only. No Owner or other occupant shall use or
occupy such Owner's Lot, or permit the same or any part thereof to be used or occupied, for any
purpose other than as a private single family residence for the Owner or such Owner's tenant and
their families and domestic servants employed on the premises. As used herein the term "single
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family residential purposes" shall be deemed to prohibit specifically, but without limitation, the use
of any lot for a duplex apartment, garage apartment, or other apartment use.
3.02 Minimum Lot Area. No Lot shall be resubdivided; provided, however, that
Declarant shall have and reserves the right, at any time, or from time to time, upon the joinder and
consent of the appropriate county and/or municipal authorities, and with the joinder and consent of
the directly affected Lot Owners, to file a replat of the Plat to effect a resubdivision or
reconfiguration of any Lots in the Property then owned by Declarant, so long as such replat results
in each resubdivided Lot containing not less than the minimum lot size prescribed by the City of
Coppell Zoning Ordinances, as applicable. Lot Owners shall not unreasonably withhold or delay
their joinder in or consent to the replat or amendments to the Plat. The privilege to replat Lots in the
Property owned by the Declarant reserved in this Section 3.02 shall be exercisable only by Declarant
or any successor to Declarant's ownership of such Lots who acquires such ownership other than by
purchase, and such privilege shall not be exercisable by, inure to the benefit of, or be assignable to
any purchaser from Declarant or from any successor or assign of Declarant of any Lot in the
Property.
3.03 Minimum Floor Space. Each dwelling constructed on any residential Lot in the
subdivision shall contain a minimum of twelve hundred (1,200) square feet of air-conditioned floor
area, exclusive of all porches, garages or breezeways attached to the main dwelling. Each one and
one-half(11/2) story or two (2) story dwelling constructed on any residential lot in the subdivision
shall contain a minimum of two thousand (2,000) square feet of air-conditioned area (exclusive of
all porches, garages or breezeways attached to the main dwelling).
3.04 Combining Lots. Any person owning two or more adjoining Lots location for the
purpose of(the plans and specifications therefor being approved as set forth in this Declaration) and
such other improvements as are permitted herein. In the event of any such consolidation, the
consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of this
Declaration. Any such consolidation shall give consideration to easements as shown and provided
for on the Plat and any required abandonment or relocation of any such easements shall require the
prior written approval of Declarant as well as the prior written approval of any utility company
having the right to the use of such easements. Combining of portions of Lots into a single building
site is prohibited.
3.05 Setback Requirements and Building Location. All front, side, and rear setbacks
must meet City of Coppell building restriction requirements. The location of the main residence on
each Lot and the facing of the main elevation with respect to nearby streets shall be subject to the
requirements of the City of Coppell, Texas.
3.06 Height. No building or structure on any Lot shall contain more than two stories or
exceed, in height, the maximum height allowed by the City of Coppell, such height to be measured
and determined in accordance with the approved City of Coppell method.
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3.07 Driveways. Each Lot must be accessible to an adjoining street by a driveway suitable
for such purposes.
3.08 Access. No driveways or roadways may be constructed on any Lot to provide access
to any adjoining Lot.
3.09 Drainage. Neither the Declarant nor its successors or assigns, shall be liable for any
loss of use of, or damage done to any shrubbery, trees, flowers, improvements, fences, walks,
sidewalks, driveways, or buildings of any type or the contents thereof on any Lot whatsoever in the
Properties caused by any water levels, rising waters, or drainage waters.
3.10 Utilities. Each residence situated on a Lot shall be connected to the water and sewer
lines as soon as practicable after same are available at the Lot line. No privy, cesspool, or septic tank
shall be placed or maintained upon or in any Lot. There shall not be any installation of any propane,
butane, LP Gas or other gas tank, bottle or cylinder of any type.
3.11 Construction Requirements.
(a) The exterior surface of all residential dwellings shall be constructed of glass,
brick or other materials permitted by the City of Coppell, Texas. It is specifically required
that the exterior wall area of each residence located within the Property shall not have less
than eighty percent (80%) brick construction. The surface area of windows surrounded
completely by masonry or brick may be included within the computation of the exterior
masonry wall area of a residence. No previously used materials, other than antique brick,
shall be permitted on the exterior of the residential structures located within the Property.
The use of various roofing materials within the subdivision shall be permitted. Only roofing
materials which are of the highest grade and quality and which are consistent with the
external design, color and appearance of other improvements within the subdivision shall be
used.
(b) Sidewalks shall not be constructed abutting the curb of streets adjacent to a
Lot; provided however, sidewalks or walkways may be constructed which connect the front
entrance of a residence with the street adjacent to a Lot. The plans for the residential
building on each Lot shall include plans and specifications for any proposed sidewalks, and
such sidewalks, if any, shall be constructed and completed before the main residence is
occupied.
(c) No above ground-level swimming pools shall be installed on any Lot.
(d) All exterior construction of the primary residential structure, garage, porches,
and any other appurtenances or appendages of every kind and character on any Lot and all
interior construction (including, but not limited to, all electrical outlets in place and
functional, all plumbing fixtures installed and operational, all cabinet work completed, all
interior walls, ceilings, and doors shall be completed and covered by paint, wallpaper,
paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor
covering) shall be completed not later than one (1) year following the commencement of
construction. For the purposes hereof, the term "commencement of construction" shall be
deemed to mean the date on which the foundation forms are set.
(e) No projections of any type shall be placed or permitted to remain above the
roof of any residential building with the exception of one or more chimneys and one or more
vent stacks.
3.12 Garages. Each residential dwelling erected on any Lot shall provide garage space
for a minimum of two (2) conventional automobiles. All 1 garage doors shall be closed at all times
when not in use. No carport shall be built, placed, constructed or reconstructed on any Lot. No
garage shall ever be changed, altered, reconstructed or otherwise converted for any purpose
inconsistent with the garaging of automobiles.
3.13 Fences. No chain link fence shall be erected or placed on any Lot. All clothes lines,
wood piles, tool sheds, air conditioning equipment, sanitation facilities or other service facilities
must be enclosed with fences, walls or landscaping, so as not to be visible by other Lot Owners.
3.14 Trash Receptacles and Collection. All trash receptacles shall be screened by fences
or shrubbery so as not to be visible by other Lot Owners. Each Lot Owner shall make or cause to
be made appropriate arrangements with the City of Coppell, Texas for collection and removal of
garbage and trash on a regular basis. Each and every Lot Owner shall observe and comply xvith any
and all regulations or requirements promulgated by the City of Coppell, Texas, in connection xvith
the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful,
sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for
garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in
adequate containers which shall be constructed of metal, plastic or masonry materials, with tightly-
fitting lids, and which shall be maintained in a clean and sanitary condition. A Lot Owner may place
trash on the street curb abutting his Lot only on those days designated by the City of Coppell, Texas
as trash collection days; provided, however, such trash must be kept neatly contained in a sanitary,
tightly-sealed bag or other container. No Lot shall be used for open storage of any materials
whatsoever, except that new building materials used in the construction of improvements erected on
any Lot may be placed upon such Lot at the time construction is commenced and may be maintained
thereon for a reasonable time, so long as the construction progresses without unreasonable delay,
until completion of the improvements, after which these materials shall either be removed from the
Lot, or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of
any kind shall be burned on any Lot.
3.15 ~Vindow Coolers. No window or wall type air-conditioners or water coolers shall
be permitted to be used, erected, placed or maintained on or in any residential building on any part
of the Properties.
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3.16 Antennas Restrictions. No radio or television aerial wires or antennas shall be
maintained on the outside of any building nor shall any free standing antennas of any style be
permitted. All radio or television aerial wires or antennas must be built within the main structure
and must not be visible from outside of such structure. An o~vner of a Lot may exhibit a mini
satellite dish having a radius of 24" or less.
3.17 Temporary Structures and Vehicles. No temporary structure of any kind shall be
erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn
or any other structure or building, other than the residence to be built thereon, shall be placed on any
Lot, either temporarily or permanently and no residence house, garage or other structure appurtenant
thereto, shall be moved upon any Lot from another location; except, however, that Declarant reserves
the exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain
such facilities in and upon the Property as in its sole discretion may be necessary or convenient
during the period of and in connection with the sale of Lots, construction and selling of residences
and constructing other improvements on the property. Such facilities may include, but not
necessarily be limited to, a temporary office building, storage area, signs, portable toilet facilities
and sales office. Declarant and builders shall also have the temporary right to use a residence
situated on a Lot as a temporary office or model home during the period of and in connection with
construction and sales operations on the Property, but in no event shall a builder have such right for
a period in excess of one (1) year from the date of substantial completion of his last residence on the
Properties. Any truck, bus, boat, boat trailer, trailer, mobile home, camp mobile, camper or any
vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed
or parked within the garage of the appropriate Lot Owner and concealed fi.om view by other Lot
Oxvners.
3.18 Parking. On-street parking is restricted to approved deliveries, pick-up or short-time
quests and invitees. Parking in driveways is permitted, provided however that no vehicles shall in
any manner obstruct or block access to a driveway shared by two or more Lot Owners.
3.19 Signs. Any and all signs, if allowed, shall comply with all sign standards of the City
of Coppell, Texas as such standards may be applicable to the Property.
3.20 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is
prohibited, except as necessary in conjunction xvith landscaping or construction of improvements
thereon.
3.21 Drilling and Mining Operations. No oil drilling, water drilling or development
operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any
Lot, nor shall oil wells, water wells, tanks, tunnels, mineral excavations or shafts be permitted upon
or in any Lot. No derrick or other structure designed for use in boring for oil, natural gas or water
shall be erected, maintained or permitted upon any Lot.
3.22 Offensive Activities. No noxious or offensive activity shall be conducted on any Lot
nor shall anything be done thereon which is or may become an annoyance or nuisance to the other
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Lot Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept on any
residential lot, except that dogs, cats or other household pets (not to exceed three (3) adult animals)
may be kept, provided that they are not kept, bred or maintained for commercial purposes.
3.23 Duty of Maintenance.
(a) Owners and occupants (including lessees) of any Lot shall jointly and
severally have the duty and responsibility, at their sole cost and expense, to keep the Lot so
owned or occupied, including buildings, improvements, grounds or drainage easements or
other rights-of-way incident thereto, and vacant land, in a well-maintained, safe, clean and
attractive condition at.all times. Such maintenance includes, but is not limited to, the
following:
(i) Prompt removal of all litter, trash, refuse and waste;
(ii) Lawn mowing on a regular basis;
(iii) Tree and shrub pruning;
(iv) Watering landscaped areas;
(v) Keeping exterior lighting and maintenance facilities in working order;
(vi) Keeping lawn and garden areas alive, free of weeds, and attractive;
(vii) Keeping parking areas, driveways, and roads in good repair;
(viii) Complying with all government health and police requirements;
(ix) Repair of exterior damages to improvements;
(x) Cleaning of landscaped areas lying between public right-of-way lines
and Lot lines, unless such streets or landscaped areas are expressly designated to be
Common Properties maintained by applicable governmental authorities or the
Association; and
(xi) Repainting of improvements and if applicable, striping of parking
areas.
(b) If any such Owner or occupant has failed in any of the foregoing duties or
responsibilities, then any other Owner may give such person written notice of such failure
and such person must within ten (10) days after receiving such notice, perform the repairs
and maintenance or make arrangements for making the repairs and maintenance required.
Should any such person fail to fulfill this duty and responsibility within such period, then
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shall have the fight and power to enter onto the premises and perform such repair and
maintenance without any liability for damages for wrongful entry, trespass or otherwise to
any person. The Owners and occupants (including lessees) of any part of the Property on
which such work is performed shall jointly and severally be liable for the cost of such work
and shall promptly reimburse the party paying for such cost. If such Owner or occupant shall
fail to reimburse the party paying within thirty (30) days after receipt of a statement for such
work, then said indebtedness shall be a debt of all said persons jointly and severally, and
shall constitute a lien against that portion of the Property on which said work ~vas performed.
Such lien shall have the same attributes as provided under the laws of the State of Texas and,
if applicable, City of Coppell, Texas.
(c) Notwithstanding the provisions of Section 3.23(b) above, if, at any time, an
Owner of any Lot shall fail to control weeds, grass and/or other unsightly growth, the any
other Owner shall have the authority and fight to go onto said Lot for the purpose of mowing
and cleaning said Lot and shall have the authority and fight to assess and collect from the
Owner of said Lot a sum up to One Hundred and No/100 Dollars ($100.00) for mowing or
cleaning said Lot on each respective occasion of such mowing or cleaning. If any at any
time, weeds or other unsightly growth on the Lot exceed six inches (6") in height, any other
Owner shall have the fight and authority to mow and clean the Lot, as aforesaid. The
assessments, together with such interest thereon and costs of collection thereof, shall be a
charge on the land and shall be a continuing lien upon each Lot against which each such
assessment is made. Each such assessment, together with such interest thereon and cost of
collection thereof, shall also be the continuing personal obligation of the person who was the
Owner of such Lot at the time when the assessment occurred. Each and every Owner of any
Lot, by the acceptance of a deed or other conveyance of such Lot shall thereby covenant and
agree to pay such assessments. The lien securing any such assessment shall be subordinate
and inferior to the lien of any mortgage and any renewals or extensions thereof existing prior
to the assessment date.
3.24 Associations Duties. The Association shall have the duty to enforce the covenants
and 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
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(d) The power to adopt rules and regulations conceming the operation of the
Association.
If the Board of Directors shall fail or refuse to enforce the Covenants or fail to maintain the
common areas 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 or the City of Coppell, through its City Council, may enforce such covenants to the extent
herein set forth.
3.25 Common Areas. For the purpose of these restrictions, Common Areas that are
expected to be maintained by the Association include, but are not limited to:
(a) The entry area landscaping, irrigation walls and signage;
(b) That portion of any street fight-of-way, including pavement, subgrade and
curbs to the streets and alleys or sidewalks of ASBURY ESTATES that are designed as
Common Areas on the recorded Plat of the subdivision even though dedicated to the public.
3.26 Common Areas of Cit3' Interest. Oft he common areas listed above, the following
are "Common Areas of City Interest" as that term is used herein:
(a) The entry area landscaping, irrigation walls and signage;
(b) That portion of any street right-of-way, including pavement, subgrade and
curbs to the streets and alleys or sidewalks of ASBURY ESTATES that are designed as
Common Areas on the recorded Plat of the subdivision even though dedicated to the public.
3.27 Failure of Association to Maintain Common Areas. Should the Association or its
Board fail or refuse to maintain such Common Areas of City Interest to City specification for an
unreasonable time, not to exceed ninety (90) days after written request to do so, the City of Coppell,
by and through a majority of its City Council members, shall have the same right, power and
authority as is herein given to the Association and its Board of Directors to enforce these covenants
and levy assessments necessary to maintain the Common Areas of City Interest listed in Section
3.26. It is understood that in such event, the City of Coppell, Texas, through its City Council, may
elect to exercise the rights and powers of the Association or its Board of Directors, to the extent
necessary to take any action required and levy any assessment that the Association might have, either
in the name of the Association, or otherwise, to cover the cost of maintenance of said Common
Areas of City Interest.
3.28 Architectural Control.
(a) Architectural Control Committee. Developer shall designate and appoint an
Architectural Control Committee consisting of not less than three (3) qualified persons,
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which shall serve at the pleasure of the Developer. After the Developer no longer owns any
Lot, the Architectural Control Committee shall serve at the pleasure of the Board.
(b) Approval of Plans and Specifications. The Architectural Control Committee
must review and approve in writing all of the following projects on the Property:
(i) Construction of any building, fence, wall or other structure.
(ii) Any exterior addition, change, or alteration in any building, fence,
wall or other structure.
(iii) Any landscaping or grading of any Lot or Lots.
(c) Application for Approval. To obtain approval to do any of the work described
in Paragraph 2.02, an Owner must submit an application to the Architectural Control
Committee showing the plans and specifications for the proposed work. Such plans and
specifications shall detail the nature, shape, height, materials, colors, and location of the
proposed work.
(d) Standard for Review. The Architectural Control Committee shall review'
applications for proposed work in order to (1) ensure conformity of the proposal with these
covenants, conditions, and restrictions and (2) ensure harmony of external design in relation
to surrounding structures and topography. An application can be rejected for providing
insufficient information. The Committee shall have broad, discretionary authority to
interpret and apply these standards. In rejecting an application, the Committee should detail
the reasons for rejection and suggest how the applicant could remedy the deficiencies.
(e) Failure of Committee to Act. If the Architectural Control Committee fails
either to approve or reject an application for proposed work within ( ) days
aRer submission, then Committee approval shall not be required, and the applicant shall be
deemed to have fully complied with this Article.
3.29 Voting. Until the Declarant has sold all of the Lots, the Declarant shall have nine (9)
votes for each Lot owned by the Declarant and every other owner ora Lot shall have one (1) vote
for each Lot owned (individually a "Vote" and collectively the "Votes"). All decisions concerning
the Association and this Declaration shall be determined by a majority of the Votes.
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ARTICLE IV
EASEMENTS
4.01 General. The rights and duties of the Owners of Lots within the Property with
respect to sanitary sewer, water, electricity, telephone and cable television lines and drainage
facilities shall be governed by the following:
(a) Wherever sanitary sewer and/or water service connections or electricity, or
telephone and cable television lines or drainage facilities are installed within the Property,
which connection lines or facilities or any portion thereof, lie in or upon Lots owned by any
party other than the Owner of a Lot served by said connections, lines or facilities, such
Owners of Lots served shall have the right, and are hereby granted an easement to the full
extent necessary therefore, to enter upon the Lots within the Property within or upon which
said connections, lines or facilities, or any portion thereof, lie, to repair, replace and generally
maintain said connections as and when the same may be necessary.
(b) Wherever sanitary sewer and/or water service connections or electricity,
telephone or cable television lines or drainage facilities are installed within the Property,
which connections serve more than one Lot, the Owner of each Lot served by said connec-
tions shall be entitled to the full use and enjoyment of such portions of said connections
which service such Owner's Lot.
4.02 Reservation of Easements. Easements over the Lots and Common Properties for
the installation and maintenance of electric, telephone, cable television, water, gas and sanitary sewer
lines and drainage facilities are hereby reserved by Declarant, together with the fight to grant and
transfer same.
4.03 Surface Areas of Utility Easements. Easements for installation and maintenance
of utilities are reserved as shown and provided for on the Plat of the Property. Underground electric
and telephone sen'ice shall be available to all Lots in the subdivision. Easements for the
underground service may be crossed by driveways, walkways, patios, brick walls and fences,
provided the Declarant or builder makes prior arrangements with the utility companies furnishing
electric and telephone service and provides and installs any necessary conduit of approved type and
size under such driveways, walkways, patios, brick walls or fences prior to construction thereof.
Such easements for the underground service shall be kept clear of all other improvements, and
neither the grantee nor any utility company using the easements shall be liable for any damage done
by either of them or their assigns, their agents, employees or servants, to shrubbery, trees, flowers
or other improvements (other than for damages caused in crossing driveways, walkways, patios,
brick walls or fences, providing conduit has been installed as outlined above) of the Owner located
on the Lot covered by said easements. In addition, the utility easements shall not be used as
alley~vays.
4.04 Emergency and Service Vehicles. An easement is hereby granted to all police, fire
protection, ambulance and other emergency vehicles and other service vehicles to enter upon the
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Common Properties, including but not limited to private streets, in the performance of their duties
and further, an easement is hereby granted to the Association, its officers, agents, employees and
management personnel to enter the Common Properties to render any sen:ice.
4.05 Universal Easement. Each Lot and its Owner within the Properties is hereby
declared to have an easement not to exceed one foot (1') in width and the same is hereby granted to
Declarant, over all adjoining Lots for the purpose of accommodating any encroachment due to
engineering errors, errors in original construction, settlement or shifting of the building, 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 encroachment be created in favor of an
Owner or Owners if said encroachment occurred due to willful misconduct of said Owner or Owners.
The Owners of each Lot agree that minor encroachments over a Lot shall be permitted and there
shall be easements for the maintenance of said encroachments so long as they shall exist. In
addition, each Lot xvithin the Properties is hereby declared to have an easement for minor
encroachments, (not to exceed three feet (3') in width) by overhanging roofs and eaves as originally
constructed over each adjoining Lot and/or Common Properties and for the maintenance thereof.
Each of the easements hereinabove referred to shall be deemed to be established upon the
recordation of this Declaration and shall be appurtenant to the Lot being serviced and shall pass with
each conveyance of said Lot.
ARTICLE V
GENERAL PROVISIONS
5.01 Duration. The Covenants, Conditions and Restrictions of this Declaration shall run
with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable
by the Association and/or the Owner of any land subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of thirty-five (35) years from the date that
this Declaration is recorded in the office of the County Clerk of Dallas County, Texas, after which
time said Covenants and Restrictions shall be automatically extended for successive periods often
(10) years unless an instrument is signed by the Owners of seventy percent (70%) of the Lots
comprising the Property and approval by a majority vote of the then members of the City Council
of the City of Coppell, and has been recorded in the Deed Records, Dallas County, Texas, agreeing
to abolish the same Covenants, Conditions and Restrictions in whole or a substantial portion thereof;
provided, however, that no such agreements to abolish shall be effective unless made and recorded
one (1) year in advance of the effective date of such abolishment.
5.02 Amendments. Notwithstanding Section 5.01 of this Article, these Covenants and
Restrictions may be amended and/or changed upon the express written consent of at least seventy
percent (70%) of the Owners of all Lots comprising the Property.
Any and all amendments, if any, shall be recorded in the office of the County Clerk of Dallas
County, Texas. Notwithstanding the prior provisions of this Section 5.02, the Declarant may execute
and record amendments to this Declaration without such consent or approval if the amendment is
for the purpose of Correcting technical or typographical errors or for clarification only.
5.03 Enforcement. Enforcement of these covenants and restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate them,
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or to recover damages, or to enforce any lien created by these covenants; and failure by the
Association or any Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
5.04 Severability. Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no wise affect any other provision which shall remain in full force and effect.
5.05 Headings. The headings contained in this Declaration are for reference purposes only
and shall not in any way affect the meaning or interpretation of this Declaration.
5.06 Termination ol;and Responsibility of Declarant. After Declarant shall convey all
of its right, title and interest in and to the Property, then and in such event Declarant shall be relieved
of the performance of any duty or obligation hereunder.
5.07 Assessments. Sections 5.01 and 5.02, notwithstanding, the provisions hereof in
regard to the duty of the Association and/or its Board of Directors to maintain all the common areas
as set out in Section 3.24, the assessment procedure set out herein, and the rights extended to the
City of Coppell set out in Section 3.27 in regard to the Common Areas of City Interest set out in
Section 3.26, shall not be revoked or amended without the additional approval of a majority of the
then members.of the City Council oft he City of Coppell, Texas.
IN WITNESS WHEREOF, RYLAND GROUP, INC., a Maryland corporation, being the
Declarant herein, has caused this instrument to be executed as of the __ day of ,
1998.
THE RYLAND GROUP, INC.,
a Maryland corporation
By:
Its:
THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared , of THE
RYLAND GROUP, INC., a Maryland corporation, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in the capacity therein stated and as the act
and deed of such corporation.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this__ day of ,
1998.
Notary Public
State of Texas
My Commission Expires:
(Printed/Typed Name of Notary)
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EXHIBIT "A"
PROPERTY DESCRIPTION
F:\WPDOCSUKM~KLINE\0007'xDEC'COV.AE
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