Castlebury Ct/FP-CS 990420 DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR CASTLEBURY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
THAT RH OF TEXAS LIMITED PARTNERSIIP, a Texas limited partnership (the "Declarant"), is the
owner of all that certain tract of land platted and described as Castlebury (the "Addition"), a subdivision
of the City of Coppell (the "City"), Texas, according to the plat thereof (the "Plaf') recorded in
Cabinet . Slide # of the Plat Records of Dallas County (the "County"), Texas.
Such property is subdivided 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 tile Addition and for the
purpose of enhancing and protecting the value, attractiveness and desirabiliD' of said lots and which shall
run with the land and be binding on all property or any part thereof, and shall inure to the benefit of and
be binding upon each owner thereof, and his heirs, administrators, successors and assigns.
ARTICLE I
CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS
Section 1.1 Residential Use. All lots shall be used for single-family residential purposes
only. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1)
detached single-family residence per lot, which residence may not exceed two (2) stories in height, and a
private garage as provided below.
Section 1.2 Single Family 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 serYants.
Section 1.3 Two Car Garage Required. Each residence shall have a garage suitable for
parking not less than two (2) or more than three (3) standard size automobiles, which garage conforms in
design and materials with the main structure. Garage locations may var3..', with the written approval of the
Committee (as hereinafter defined).
Section !.4 Restrictions on Resubdivision. None of tile lots shall be subdivided into smaller
lots without the consent of Declarant.
Section 1.5 Driveways. All driveways shall be surfaced with concrete, asphalt or similar
substances approved by the Committee.
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Section 1.6 Uses Specifically Prohibited.
(a) No temporaD' dwelling, shop, trailer or mobile home of an)' kind or any
improvements of a temporaD' 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
an)' lot except that the builder or contractor may have temporaD' improvements (such as sales
office and/or construction trailer) on a given lot during the entire time that construction activities
within the Addition are underway. 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 aircraft, recreational vehicle, pick-up camper,
travel trailer, motor home, camper body or similar vehicle or equipment may be parked for
storage in the front yard of any dwelling or parked on any public street in the Addition, nor shall
any such vehicle or equipment be parked for storage ill the side or rear yard of any residence
unless completely concealed from public view. No such vehicle or equipment shall be used as a
residence or office temporarily or permanently. The restriction shall not apply to any vehicle,
machinery or equipment temporarily parked and iu use for the construction, maintenance or
repair of a residence in the immediate vicinity.
(c) Trucks with tonnage in excess of one ton and any vehicle with a 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.
(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, that any builder may maintain and occupy model houses, sales offices and
construction trailers during the construction period.
(f) 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 use in quarrying for oil or natural gas 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 safeB~ of the community. No more than two (2) 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. When away from the lot, pets must be on a leash at all times. It is the pet
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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. 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.
(j) No individual sewage disposal syste~ns shall be permitted in the Addition.
(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.
(1) 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 window of a
residence. No evaporative cooler shall be installed on the front wall or window of a residence.
(m) Except as may be approved by the Committee, no antennas or satellite dishes
shall be permitted in this Addition except AM or FM radio reception and UHF and VHF
television reception. Only one (1) antenna may be attached to the main residential house, and, in
all cases except as may be approved by the Committee, no antenna of any style shall be (a)
erected as a free-standing structure, (b) permitted to extend outside the roof of the main
residential structure or (c) maintained on any portion of the lot forward of the front building line.
(n) No lot or improvement shall be used for business, professional, commercial or
manufacturing purposes of any kind. Except as may be approved by the Committee, no activity,
whether for profit or not, shall be conducted which is not related to single-family residential
purposes. No noxious 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.
(o) No fence, wail, hedge or shrub planting which obstructs sight lines at elevations
between three (3) and six (6) feet above the roadway shall be placed or permitted to remain 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 lines, or in
the case of a rounded propel'ty corner, from the intersection of the street right-of-way lines as
extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the
intersection of a 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. Declarant or the
Homeowners' Association may direct the owner to trim any hedge, shrub planting or tree that
does not comply with the foregoing provisions, and upon owner's failure to do so, Declarant or
the Homeowners' Association may, at its option, perform such trimming, whereupon the owner
shall be obligated, when presented with an itemized statement, to reimburse Declarant or the
Homeowners' Association (as applicable) for the cost of such work.
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(p) Except for children's playhouses, dog houses, greenhouses, gazebos and
buildings for storage of lawn maintenance equipment (no higher than six (6) feet and not visible
from street level), 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.
(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 one (1) square foot, one (1) of not more than five (5)
square feet advertising the property for rent or sale, or signs 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 above;
and in so doing shall not be subject to any liability for trespass or any other liabili~, in connection
with such removal.
(s) The drying of clothes in full public view is prohibited. The owners and
occupants of any 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 dry-'lng yard or other
suitable enclosure to screen from public view the equipment which is incident to normal
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 person shall be permitted to burn anything within the Addition.
(u) Removal of live native trees is not permitted without the approval of the
Architectural Control Committee.
(v) Above ground-level swimming pools shall not be installed on any Lot.
Section 1.7 Minimum Floor Area. The total air-conditioned living area of the main
residential structure, as measured to the outside of exterior walls but exclusive of open porches, garages,
patios and detached accesso%~ buildings, shall be no less than two thousand (2000) square feet plus or
minus ten percent (I 0%), as approved by the Committee.
Section 1.8 Building Materials. The total exterior wall area of each building constructed or
placed on a lot shall be no less than percent (__%) (or such higher percentage as may be
required by the City) brick, brick veneer, stone, stone veneer, masonry or other material approved by the
Committee. Windows, doors, openings, gables or other areas above the height of the top of the standard
height first-floor windows are excluded from the calculation of the total exterior wall area. Roofing shall
be of a substance acceptable to the City and the Committee.
Section 1.9 Side Line and Front Line Setback Restrictions. No dwelling shall be located on
any lot nearer to the front lot line or nearer to the side street line than the minimum set back lines shown
on the Plat or required by the City.
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Section 1.10 Fences and Walls. Any fence or wall must be constructed of masonry, brick,
wood or other material approved by the Committee. No chain link fence shall be allowed. 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 owner of the lot on which the same are
erected and, as such, shall be maintained and repaired by such owner except as provided in Article III.
Section 1.11 Sidewalks. All sidewalks shall conform to the applicable governmental
specifications and regulations and must be approved in advance by the Committee.
Section 1.12 Mailboxes. Mailboxes shall be constructed of a material and design approved by
the Committee.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
2.01 Annexed Property. The property which is, and shall be, held, transferred, sold,
conveyed, and occupied subject to this Declaration is located in the City of Coppell, Dallas County, State
of Texas, and is more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference for all purposes (the "Addition"). Declarant, from time to time and without the necessity of a
joinder of any other party, may subject additional land to the provisions of this Declaration, provided that
such additional land is within ¼ of a mile of the Property. Such additional land, once subjected to this
Declaration, shall be included in the definition of the Addition and shall be subject to all terms and
conditions of this Declaration. Declarant may do so by recording a supplement to this Declaration in the
Real Property Records of Dallas County, Texas. Upon filing such supplement to this Declaration, all
references herein to the "Addition" shall include such additional land.
ARTICLE III
ARCHITECTURAL CONTROL
Section 3.1 Appointment. The Board and/or Declarant shall designate and appoint an
Architectural Control Committee (herein called the "Committee") composed of three (3) individuals or
entities or combination thereof. The Committee shall attempt to promote and ensure a high level of taste.
design, quality, harmony and conformity throughout the Addition consistent with this Declaration.
Section 3.2 Successors. In the event of the death, resignation or removal by Declarant (or
during any period when Declarant does not own any lots within the Addition, the Homeowners'
Association) of any member of the Committee, the Declarant (or during any period when Declarant does
not own any lots in the Addition, the Homeowners' Association) shall appoint a successor member. No
member of the Committee shall be entitled to compensation for. or be liable for claims, causes of action
or damages arising out of, services performed pursuant to this Declaration.
Section 3.3 Authority. No building, fence, wall or other structure or improvement 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 plot plan have
been submitted to and approved in writing, by a majority of the members of the Committee as to:
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(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) conformity 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 had been vested with the authority to render a final
interpretation and decision.
The Committee is authorized and empowered to consider and review an3-' and all aspects of construction
which max,, in the sole and absolute discretion of the Committee, adversely affect the living enjoyment of
one or more lot owners or the general value of lots in the Addition. In considering the harmony of
external design between existing structures and the proposed building being erected, placed or altered, the
Committee shall consider only the general appearance of the proposed building as that can be determined
from front, rear and side elevations on submitted plans.
Section 3.4 Procedure for Approval. Final plans and specifications shall be submitted in
duplicate by certified mail to the Committee. The plans and specifications shall show the nature, kind,
shape, height, materials and location of all landscaping and 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 construction
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 and specifications
shall be returned marked "Disapproved" and shall be accompanied by a statement of the reasons for
disapproval, which statement shall be signed by a majoriD' 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
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 plan 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. The Committee'may approve plans and specifications for all the houses proposed to be built by a
builder at one time ("Master Plans") and that builder may submit changes to the Master Plans for specific
approval from time to time.
Section 3.5 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 designs or appearances from being built in the Addition. The
Committee shall also have the authority to require a minimum 6-12 foot roof slope, to specie' that
chimney flues be covered with brick or masonD' or wood, to prohibit the use of light-weight composition
roof material, to require that the colors of roofing materials be earth tones, to require the use of painted
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anodized aluminum divided light windows, and generally to require that any plans meet the standards
established by the Committee. The Committee may from time to time publish and promulgate bulletins
regarding architectural standards.
ARTICLE IV
SPECIAL FENCING AND LANDSCAPING
Section 4.1 Fences, Walls and Sprinkler System. For a period of ten (10) years after the
recording of this document, Declarant shall have the right, but not the obligation, to and may, if it chooses
to do so in its sole discretion, erect, install, maintain, repair and/or replace fences, walls and/or sprinkler
systems located within that portion of the lots specified on Exhibit "A" attached hereto and incorporated
herein (the "Perimeter Lots"), which area to the extent so specified (the "Restricted Are:t') is located
outside the building lines as shown on the Plat. Any fence, wall or sprinkler system shall be subject to
the easements and rights of Declarant set forth below. No fence, wall or sprinkler system shall be erected
or installed in the Restricted Area of any Perimeter Lot by the owner thereof without the prior written
consent of the Committee.
Section 4.2 Landscaping. Declarant shall have the right, but not the obligation, to grade,
plant and/or landscape and maintain, repair, replace and/or change such grading, planting and
landscaping on any portion of the Restricted Area of a Perimeter Lot. In the event Declarant does not
landscape the Restricted Area on any Perimeter Lot, the owner thereof may plant grass and, with the prior
written consent of Declarant, may landscape and plant trees and shrubs in the Restricted Area.
Section 4.3 Easement. Declarant shall have, and hereby reserves, the right and easement to
enter upon the Restricted Area of the Perimeter Lots for the purpose of exercising the discretionaD' rights
set forth above.
Section 4.4 Maintenance. In the event Declarant installs any such fence, wall, landscaping
and/or sprinkler system in the Restricted Area, Declarant shall cause such improvements to be maintained
or repaired until such time as the Homeowners' Association assumes such obligations, following which
the Homeowners' Association shall have the sole responsibility for the maintenance or repair of such
improvements. In the event that Declarant or the Homeowners' Association fails to do so, such
maintenance and repair obligations shall be that of the owner of the lot where such fence, wall,
landscaping and/or sprinkler system is located.
Section 4.5 Declarant's Discretion. Notwithstanding any provisions herein to the contraD',
Declarant shall never be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler
systems, grading, planting or landscaping on any lots.
ARTICLE V
HOMEO~X,,q'iERS' ASSOCIATION
Section 5.1 Creation. The Castlebury Homeoxvners' Association (the "Homeowners'
Association") shall be incorporated as a non-profit corporation. The owners shall constitute members of
the Homeowners' Association. Each owner of a lot, including Declarant, shall automatically be a
member of the Homeowners' Association. Homeowners' Association membership shall be appurtenant
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to ownership of a lot. Ownership of a lot is the sole criterion for membership in the Homeowners'
Association.
Section 5.2 Transfer of Membership. Homeowners' Association membership can be
transferred to the grantee of a conveyance of a lot in fee. Membership shall not be assigned, pledged or
transferred in any other way. Any attempt to make a prohibited transfer shall be void.
Section 5.3 Management of the Homeowners' Association. The Homeowners' Association
shall be managed by its Board of Directors (the "Board") pursuant to the procedure set forth in the
Homeowners Association's Articles of Incorporation and Bylaws, subject to this Declaration.
Section 5.4 Membership Voting, Elections and Meetings. Each owner of a lot shall have one
(I) vote provided, however, that Declarant shall havefive (5) votes for each lot owned by Declarant at the
time of such vote. There shall be at least one meeting of the membership each year. At that meeting, the
owners shall elect a Board consisting of at least three directors, vote on any other matters the Board
chooses to place before the membership and discuss any matter of Homeowners' Association business
that the Board wishes to bring before the entire membership.
Section 5.5 Duties and Powers of the Board. Through the Board, the Homeowners'
Association shall have the following powers and duties:
(a) To adopt rules and regulations to implement this Declaration and the bylaws of
the Homeowners' Association. All owners shall be bound by such rules and regulations,
provided same are consistent with this Declaration, once written notice of such rules and
regulations have been mailed to each owner.
(b) To enforce this Declaration, the bylaws, its rules and regulations.
(c) To elect officers of the Board and select members of the Committee when that
power devolves to the Homeowners' Association.
(d) To delegate its powers to committees, officers, or employees.
(e) To prepare a balance sheet and operating income statement for the Homeowners'
Association and deliver a report to the membership at its annual meeting.
(f) To establish and collect annual assessments to defray expenses attributable to
Homeowners Association's duties, to be levied against each owner.
(g) To establish and collect special assessments for capital improvements or other
purposes.
(h) To file and enforce liens against owners because of non-payment of assessments
duly levied and to foreclose on those liens (provided, however, that such liens shall be subject
and subordinate to the liens of any mortgage or deed of trust held by an institutional lender on
any lot).
(i) To receive complaints regarding violations of this Declaration, the bylaws or the
rules and regulations.
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0) To hold hearings to determine whether to discipline owners who violate this
Declaration, the bylaws or the rules and regulations.
(k) To give notice to all owners of all annual meetings of the Membership and all
discipline hearings.
(I) To the extent that there are any common improvements placed in the Addition by
the Declarant for the benefit of the owners of the Addition, to manage and maintain all such
improvements in a state acceptable to the Board, to pay taxes and assessments that are or could
become a lien on such improvements and to pay the costs of any liability or other insurance for
the Homeowners' Association, the Committee and/or members of the Board, and casualty
insurance on such improvements, as the Board may determine.
(m) To take any other action consistent with this Declaration.
Section 5.6 Annual Assessments. The annual assessment per lot from the date hereof
through January 1, 2001, shall be Three Hundred and No/lO0 Dollars ($300.00). The annual
assessment may be increased or decreased by the Homeowners' Association acting through the Board,
without necessity of a vote; provided however, that the annual assessment for any given year following
the first year in which there is an annual assessment shall not be more than one hundred and ten percent
(110%) of the annual assessment for the prior year.
Section 5.7 Remedies of Association. Any assessment not paid within 30 days after the due
date shall be delinquent and shall bear interest from the due date at the maximum non-usurious rate
allowed by applicable law. Such assessment and all interest and costs of collection, including reasonable
attorneys' fees, is secured by a lien hereby created upon the owner's lot to which such assessment and
costs relate, which lien (i) is superior to all other liens and charges against such property, except only for
ad valorem tax liens and ali sums unpaid on a mortgage lien or deed of trust lien of record, and (ii) is
coupled with a power of sale in favor of the Homeowners' Association and the City entitling the
Homeowners' Association and the City to exercise the right of nonjudicial foreclosure sale and the other
rights and remedies afforded under Chapter 51 of the Texas Property Code or other applicable provisions.
It is expressly intended that by acceptance of a deed to a lot within the Addition, each owner
acknowledges that title is accepted subject to the assessment lien provided for herein, which is deemed to
be an express contractual lien and shall be superior to any defense of homestead or other exemption, the
assessment lien having been created prior to the creation or attachment of any homestead right with
respect to any lot. To evidence further the assessment lien, the Homeowners' Association and/or the City
may file an additional written notice of such lien in the real property records of the County setting forth
the amount of the unpaid indebtedness, the name of the owner of the lot covered by such lien and a
description of the lot. Subsequent to the recording of a notice of assessment lien as provided above, the
Homeowners' Association and/or the City may bring an action at law against the owner personally
obligated to pay the same, and in addition, conduct a nonjudicial foreclosure sale of the owner's lot under
the Texas Property Code or judicially foreclose the lien against the owner's lot, all such remedies being
cumulative. In any suit or proceeding against the owner or the owner's lot, the owner shall be required to
pay and shall be liable for all costs, expenses and reasonable attorneys' fees incurred by the Association
and/or the City. No owner may waive or otherwise escape liabiliD' for the assessments provided for
herein by non-use of the common areas or abandonment of the assessed lot by the owner.
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Section 5.8 Exempt Property. All common areas designated by the Homeowners?
Association and all property dedicated to and accepted by the City or another governmental authority
shall be exempt from the assessments created herein.
ARTICLE VI
GENERAL PROVISIONS
Section 6.1 Easements. Easements for the installation and maintenance of utilities and
drainage facilities are reserved as shown on the Plat. Easements are also reserved for the installation,
operation, maintenance and ownership of utility sen'ice lines from the property lines to the residences.
Declarant reserYes the right to make reasonable 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 regularly mow weeds and grass on and to keep and
maintain in a neat and clean condition any easement which may traverse a portion of the lot.
Section 6.2 Recorded Plat. All dedications, limitations, restrictions and reservations shown
on the Plat are incorporated herein and shall be construed as being adopted in each contract, deed or
conveyance executed or to be executed by Declarant, conveying lots in the Addition, whether specifically
referred to therein or not.
Section 6.3 Lot Maintenance. The owner and occupant of each lot 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 internals so as to maintain the property
in a neat and attractive manner. No vegetables shall be grown in any yard that faces a street. No owners
shall permit weeds or grass to grow to a height of greater than six inches (6") upon his property. Upon
failure of any owner to maintain any lot, Declarant or the Homeowners' Association may, at its option,
have the grass, weeds and vegetation cut as often as necessary in its judgment, and the owner of such
property shall be obligated, when presented with an itemized statement, to reimburse Declarant or the
Homeowners' Association (as applicable) for the cost of such work. This provision, however, shall in no
manner be construed to create a lien in favor of any party on any piece of property for the cost or charge
of such work or the reimbursement for such work.
Section 6.4 Maintenance of Improvements. Subject to the provisions of Article III, each lot
owner shall maintain the exterior of all buildings, fences, walls 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 6.5 Mortgages. No breach of the covenants, conditions and restrictions contained
herein shall in any way defeat or render invalid the lien of any mortgage or deed of trust. These
covenants, conditions and restrictions shall survive any foreclosure, trustee's sale or otherwise, and be
binding upon any person acquiring any lot in the Addition by reason of any foreclosure, trustee's sale or
otherwise. With respect to any mortgagee or any holder of any note secured by the deed of trust lien of
which the Committee has notice, the Committee shall, in the event of any breach hereof by the owner of
the property covered by such lien, give such mortgagee or holder written notice of the breach and thirty
(30) days time to cure. In no event shall any foreclosing lender be liable for any sum due under this
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Declaration attributable to periods prior to such foreclosure, but such foreclosure shall not relieve such lot
owner from sums thereafter becoming due or from the lien securing such sums.
Section 6.6 Term/Amendment. The foregoing covenants and restrictions shall run with and
bind the land and shall remain in full force and effect for a term often (10) years after this Declaration is
recorded. They shall be automatically extended for successive periods of ten (10) years unless terminated
by an instrument approved by a majoriD' of the lot owners in the Addition in writing and recorded in the
real property records of the County. Notwithstanding anything to the contrary, the majority of lot owners
in the Addition may amend this instrument by filing of record in the real property records of the County
an instrument approved by a majority of the lot owners in the Addition. For a period of five years from
the date hereof, no such amendment shall be effective without the written consent of Declarant. In
addition, Declarant may make unilateral changes to this instrument by filing such unilateral changes in
the real property records of the County provided that such changes are made to conform this instrument
with any applicable requirements of the City or other applicable governmental authorities.
Section 6.7 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 ora
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 6.8 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 eve~-' 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 any land except land in the Addition. This instrument, when
executed, shall be filed of record in the deed records of the County so that each and eyeD' owner or
purchaser of any portion of the Addition is on notice of the conditions, covenants, restrictions and
agreements herein contained.
Section 6.9 Enforcement. The Declarant, the Homeowners' Association, the Committee or
any owner shall have the right, but not the obligation, to enforce, by any proceeding at law or in equity,
all restrictions, conditions and reservations imposed by this Declaration. Failure to enforce any covenant
or restriction shall not be deemed a waiver of the right of enforcement either with respect to the violation
in question or any other violation. All waivers must be in writing and signed by the party to be bound.
Section 6.10 Definition of"Owner". As used herein, the term "owner" shall refer to the record
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 until such time as such a security holder becomes
the record owner of a lot (whether by foreclosure or otherwise).
Section 6.11 Other Authority. If other authorities, such as the CiW 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.
Section 6.12 Addresses. Any notices or correspondence to an owner of a lot shall be
addressed to the street address of the lot. Any notice or correspondence to the Committee shall be
addressed to the address shown opposite the signature of Declarant below or to such other address as is
specified by the Committee pursuant to an instrument recorded in the real property records of the CounD~.
010132.00052:0432857.01
Section 6.13 Liens. Any liens created or arising hereunder shall be subordinate to any valid
lien or mortgage covering a lot and improvements and any valid liens securing the cost of construction of
improvements.
Section 6.14 Transfer of Declarant's Rights and Obligations. Declarant may, by written
assignment filed of record in the Real Property Records of the County, assign its rights and obligations as
the Declarant hereunder; provided, however, no such assignment shall be effective unless it includes an
express assignment of Declarant's rights and obligations hereunder. In the event of such recorded
assignment, the rights and obligations of Declarant hereunder shall be transferred to such transferee
(including the right to make further such transfers). During any period in which Declarant (or any such
assignee) owns ten percent (10%) or less of the lots in the Addition, the rights and obligations of
Declarant hereunder shall (during such period) automatically be deemed transferred (for the duration of
such period) to the Homeowners' Association. If Declarant expressly or automatically assigns its
obligations hereunder, such assignor shall have no further obligations hereunder.
010132.00052:0432857.01
EXECUTED this day of ,1999.
Address: RH OF TEXAS LIMITED PARTNERSHIP,
a Texas limited partnership
RH of Texas Limited Partnership
Three Metro Square BY: RYLAND HOMES OF TEXAS, INC.,
12200 Ford Road, Suite 400 a Texas corporation, as general partner
Dallas, Texas 75234
By:
Name:
Title:
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me this __ da3: of . 19__, by
Fred Phillips, of RH of Texas Limited Partnership, a Texas limited
partnership by Ryland Homes of Texas, a Texas corporation, as general partner, on behalf of said
partnership.
NotaD' Public in and for The State of Texas
Exhibits:
"A" -- Property plus Perimeter Lots/Restricted Area (if applicable)
010132.00052:0432857.01