Deer Run/FP-CS 991027 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
ROBERT L. DILLARD III Attorneys & Counselors at Law
ROBERT E. HAGER 1800 Lincoln Plaza
PETER G. SMITH
DAVID U. BERMAN 500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS@NJDHS.com
OF COUNSEL
October 27, 1999
Isabelle Moro
Assistant Planning Director
Planning Department
City of Coppell
P. O. Box 473
Coppell, Texas 75019
RE: Deer Run Declaration of Covenants and Restrictions
Dear Ms. Moro:
Please be advised that we have reviewed the Declaration of Covenants and Restrictions
involving the Deer Run Development located in the City of Coppell, Texas. After reviewing the
same for sufficiency as to maintenance of the common areas, we are in a position to approve the
language set forth in the deed covenants regarding the City's ability to enforce deed covenants
with respect to common areas for the Deer Run Development. Please place a copy of this letter
with the Homeowners Association documents filed with the City.
Thank you for your attention in this matter. Please feel free to call if you have any
questions.
Very truly yours,
NICHOLS. j.~CKSON, DII.LARD,. i~AGER
By:
Robert E. Hagef
REH/cdb
29278
DECLARATION OF COVENANTS AND
THE STATE OF TEXAS §
COUNTY OF DALLAS §
Z7
These Covenants made as of the day of fi/l~t'dt, 20o~, by R.H. of Texas, L.P., a Texas Limited
Partnership.
WITNESSETH:
Whereas, Developer desires to establish the Land as a single family or duplex development
consisting of lots which are individually owned in fee simple;
Whereas, Developer desires to establish certain covenants, easements, and restrictions for the mutual
benefit and protection of the Owners;
Now, therefore, Developer does hereby publish and declare that the following terms, provisions,
covenants, conditions, easements, restrictions, reservations, uses, limitations, and obligations shall
run with the Land, and shall be a burden and benefit to the Developer, the Owners and their
respective heirs, legal representatives, successors, and assigns:
ARTICLE I
DEFINITIONS
Section 1.01 As used in these Covenants, the following terms shall have the meaning set
forth below:
(a) "Association" shall mean the DEER RUN HOME OWNERS ASSOCIATION, a Texas
non-profit corporation, created for the purposes and possessing the rights, powers, and
authority set forth herein and in the Charter.
(b) "Board of Directors" shall mean the Board of Directors of the Association named in the
Charter and their successors as duly elected and qualified from time to time.
(c) "Building" shall mean any vertical structure located on the Land.
(d) "Bylaws" shall mean the Bylaws of the Association initially adopted by the Board of
Directors, as duly amended from time to time.
(e) "Charter" shall mean the Articles of Incorporation of the Association filed with the
Secretary of State of Texas as duly amended from time to time.
(f) "Covenants" shall mean the covenants, conditions, easements, charges, servitudes, liens,
reservations, and assessments set forth herein.
(g) "Deed" shall mean a deed or other instrument conveying the fee simple title to a lot.
(h) "Developer" shall mean R.H. of Texas, L.P., a Texas Limited Partnership, and any party
to whom it shall expressly assign in writing its rights, powers, privileges, or prerogatives
hereunder.
(i) "First Lien Indebtedness" shall mean any indebtedness secured by a first and prior lien
or encumbrance upon a Lot.
(j) "First Mortgage" shall mean any bank, insurance company, savings and loan association,
mortgage company, agency, or instrumentality of the United States Government or other
institutional holder of First Lien Indebtedness.
(k) "Land" shall mean that certain tract of land located in Dallas County, Texas, and more
particularly described in Exhibit "A" attached hereto and made a part hereof, together
with all and singular the rights and appurtenances pertaining thereto.
(1) "Lot" or "Lots" shall mean, individually or collectively, those certain lots designated as
Lots lA through 16A, Lots lB through 16B & Lot 17X, Block 1, and Lots lA through
12A & Lots lB through 12B, Block 2, an addition to the City of Coppell, Texas,
according to the plat thereof recorded in the Map Records of Dallas County, Texas. Any
portion of street right-of-way as designated on said plat (including any portion of said
street right-of-way designated thereon) as a part of the Common Area of the Association
is not subject to voting, payment or other entitlement of the true residential "Lots" of the
subdivisions, as defined in this paragraph.
(m) "Owner" shall mean and refer to the person or persons, entity or entities, who own of
record fee simple title to a Lot. The term "Owner" to exclude any person or persons,
entity or entities, having an interest in a Lot merely as a security for the performance of
an obligation and the term "owner" to include Developer if Developer is a record owner
of fee simple title to a Lot.
(n) "Plat" shall mean that certain Plat depicting Deer Run, 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.
(o) "Residence" shall mean that portion of a Building which is located wholly on a Lot and
which is designed as a single-family dwelling unit (including that portion of any such
Residence which is a garage for the parking of automobiles).
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ARTICLE II
GENERAL PROVISIONS
Section 2.01 The land shall be subject to the Covenants and said Covenants shall run with,
be for the benefit of, and bind and burden the Land.
Section 2.02 The Covenants shall be binding upon and for the benefit of each owner and his
heirs, executors, administrators, trustees, personal representatives, successors, and assigns, whether
or not so provided or otherwise mentioned in the Deed.
ARTICLE III
USE RESTRICTIONS
Section 3.01 All lots within the land are hereby restricted as follows:
(a) All lots shall be used for single-family or duplex residential purposes only. No Building
or structure shall be erected, altered, placed, or permitted to remain on any Lot other
than a single-family or duplex dwelling and, if any, its customary and usual accessory
structures (unless prohibited herein). No Building or structure intended for or adapted
to business purposes shall be erected, placed, permitted, or maintained on such
premises, or any part thereof, save and except those related to development,
construction, and sales purposes of the Developer. This covenant shall be construed as
prohibiting the engaging in or practice of any commerce, industry, business, trade, or
profession on any lot. The restrictions on use herein contained shall be cumulative of,
and in addition to, such restrictions on usage as may from time to time be applicable
under and pursuant to the statutes, rules, regulations, and ordinances of the City of
Coppell, Texas, or any other governmental authority having jurisdiction over any lot.
(b) No Residence constructed in Deer Run shall contain less than 1,200 square feet of fully
enclosed floor area devoted to living purposes measured from exterior wall to exterior
wall for any residence. The fully enclosed floor area devoted to living purposes shall be
exclusive of porches, terraces, garages, and other areas not heated or air conditioned. In
addition to the foregoing, all Residences shall have a garage of sufficient size for at least
two automobiles.
(c) No exterior television, radio, satellite disk, or other antenna of any type shall be placed,
allowed, or maintained upon any Lot or Building without prior written approval and
authorization of the Board of Directors, as hereinafter defined. The Board of Directors
may consider permitting such if such receivers are screened from view from any street
or road.
(d) At least eighty percent (80%) of the exterior walls of the first floor of each Building on
a Lot shall be of masonry construction exclusive of doors and windows. Each story
above the first story of a Residence shall have masonry coverage consistent with the
ordinances of the City of Coppell, Texas. All exterior fireplaces shall be of masonry
construction.
(e) No exterior storage of any items of any kind shall be permitted except with prior written
approval and authorization of the Board of Directors. Any such storage as is approved
and authorized shall be in areas attractively screened or concealed (subject to all
required approvals as to architectural control) from view from neighboring property,
pathways, and streets. This provision shall apply without limitation, to campers, trailers,
boat trailers, travel trailers, boats, mobile homes, and unmounted pickup camper units.
Also without limitation, no automobile, truck, unregistered vehicle, or other vehicle,
regardless of ownership, age, condition, or appearance shall remain on any lot in any
manner which could be construed as being stored, neglected, abandoned, or otherwise
not in frequent use, except pursuant to written approval and authorization of the Board
of Directors.
(f) No garbage or trash will be placed about the exterior of any Building, except in
receptacles meeting the specifications of the City of Coppell, Texas, and the Board of
Directors, and the placement, maintenance, and appearance of all such receptacles shall
be subject to reasonable rules and regulations of the Board of Directors. All rubbish,
trash, and garbage shall be regularly removed from each Lot and shall not be allowed
to accumulate thereon.
(g) No machinery, fixtures, or equipment of any type, including without limitation, heating,
air conditioning, or refrigeration equipment, and clotheslines shall be placed, allowed,
or maintained upon the ground on any Lot, except with the prior written approval and
authorization of the Board of Directors, and then only in areas attractively screened or
concealed (subject to all required approvals as to architectural control) from the view
of neighboring property, pathways, and streets; and no such machinery, fixtures, or
equipment shall be placed, allowed, or maintained anywhere other than on the ground
(such as on the roof) except if screened or concealed (subject to all required approvals
as to architectural control) in such manner that the screening or concealment thereof
appears to be part of the integrated architectural design of the building and does not
have the appearance of a separate piece or pieces of machinery, fixtures, or equipment.
(h) No gas, electric power, telephone, water, sewer, cable television, or other utility or
service lines of any nature or kind shall be placed, allowed, or maintained upon or above
the ground on any Lot, except along the perimeter boundary of the Land except to the
extent, if any, underground placement thereof may be prohibited by law or would
prevent the subject line from being functional. The foregoing shall not prohibit service
pedestals and above-ground switch cabinets and transformers where required.
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(i) No open fires or burning shall be permitted on any Lot any time, and no incinerators,
or like equipment shall be placed, allowed, or maintained upon any Lot. The foregoing
shall not be deemed to include the use, in customary fashion, of outdoor residential
barbecues or grills, however, such barbecues shall not include underground or pit
barbecues on an ongoing basis.
0) Except with respect to signs and advertisements placed and maintained by the
Developer prior to the conveyance by it of all of the Lots, no exterior signs or
advertisements may be placed, allowed, or maintained on any Lot without prior written
approval and authorization of the Board of Directors, except for (I) during the applicable
initial construction and sales period, one professional sign (of not more than fifteen (15)
square feet in size) per Lot may be utilized for advertising and sales purposes; (ii)
thereafter, a dignified "for sale" sign (of not more than five (5) square feet in size) may
be utilized by the Owner of the respective Lot for the applicable sale situation; (iii)
mailboxes and residential name plates may be placed and maintained in conformity with
such common specifications, including without limitations, reasonable restrictions, as
to size, as may be adopted by the Board of Directors, and (iv) yard signs during election
periods as permitted by the City of Coppell.
(k) No on-going repairs of any detached machinery, equipment, or fixtures, including
without limitation motor vehicles, shall be made upon any portion of any Lot within
view of neighboring property, pathways, and streets, without prior written approval and
authorization of the Board of Directors.
(1) No oil exploration, drilling, development or refining operation, and no quarrying or
mining operations of any kind, including oil wells, service, tanks, tunnels, or mineral
excavations or shafts shall be permitted upon or under any Lot; and no derrick or other
structure designed for use in boring for oil or natural gas shall be erected, maintained,
or permitted on any Lot.
(m) No Lot shall be maintained or utilized in such a manner as (in the discretionary
judgment of the Board of Directors) to present an unsightly appearance, or as to
unreasonably offend the morale of or as to constitute a nuisance or unreasonable
annoyance to, or as to endanger the health of, other owners or residents of the Land, and
no noxious or otherwise offensive condition or activity shall be allowed to exist or be
conducted thereon.
(n) No Lot shall be maintained or utilized in violation of the Covenants.
(o) Motor vehicles owned or in the custody of any Owner can be parked only in the garage
or garage apron located upon or pertaining to such owner's Lot, or in parking areas
designated by the Board of Directors. No buses, vans, or trucks having a carrying
capacity in excess of 3/4 tons or designed for commercial purposes shall be placed,
allowed, or maintained on any Lot, except with prior written approval and authorization
of the Board of Directors.
(p) The garage door on each lot shall be kept closed at all times except when such garage
is being entered or exited, and all garages which face a public street shall have
operational automatic garage door openers.
(q) No Building or improvement (fences, etc.) shall be permitted to fall into disrepair, and
any such Building shall at all times be kept in good condition and repair, adequately
painted, or otherwise finished.
(r) The Owners of any Lot shall have the right to lease or rent all, but not less than all, of
such Lot with the Residence and appurtenances thereon. Any such lease or tenancy is
and shall be subject to all of the provisions of this Declaration.
(s) Front yard or publicly visible side yard retaining walls shall be of stone, brick, or other
approved materials. Other materials such as railroad ties or boards are not permitted
unless specifically approved by the Board of Directors.
(t) Any fence or wall must be constructed of brick or high quality wood. No fence shall
exceed eight feet (8') in height.
ARTICLE IV
ASSOCIATION ORGANIZATION AND MANAGEMENT
Section 4.01 The Board of Directors of the Association shall consist of not less than three
(3) no more than six (6) members, the exact number to be fixed in accordance with the provisions
of the Bylaws. The initial Board of Directors shall consist of Fred Phillips, Becky Ullman and Phillip
Flink.
Section 4.02 The Association shall have two classes of voting membership:
(a) Class A: Class A members shall be all Owners with the exception of the Developer.
Class A members shall be entitled to one (1) vote for each Lot which they own. When
more than one person holds record title to a Lot, all such persons shall be members of
the Association; however, the vote for such Lot shall be exercised as they among
themselves determine, but in no event shall more than one vote be cast with respect to
any such Lot.
(b) Class B: The Class B member shall be the Developer. The Class B member shall have
a total number of votes equal to 10 votes per lot which he owns. However, on the later
of (a) December 31, 2005, or when the Class B member only retains title to one
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remaining Lot, the Class B member shall at all times thereafter be entitled to only one
(1) vote for every Lot owned by it. Notwithstanding anything to the contrary contained
herein, the Class B member shall be entitled to only one (1) vote for each Lot which it
then or thereafter owns.
Section 4.03 Each Owner of a Lot shall be a member of the Association, and such
membership shall continue so long as such person or entity continues to be an Owner. The
membership of any Owner in the Association shall be appurtenant to and may not be separated from
record ownership of any Lot, and the transfer of any membership in the Association which is not
made as a part of the transfer of a lot shall be null and void. Ownership of a Lot shall be the sole
qualification of being a member of the Association. Each Owner shall comply with all rules and
regulations as established by the Association from time to time. Land within the street right-of-way
of Deer Run street system that is designated as Common Area of the Association on the recorded plat
of the subdivision, while not a true voting "Lot", shall be considered land within the Association and
a part of the maintenance common area.
Section 4.04 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
(d) The power to adopt rules and regulations concerning the operation of the Association.
(e) The right of ingress and egress over and across the areas described in Section 4.05 for
the purposes described herein.
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.
Section 4.05 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 masonry wall and foundation along Ruby Road and Coppell Road;
(b) The landscaping and irrigation between Ruby Road and Coppell Road Wall and edge
of pavement;
(c) The entry area landscaping, irrigation, walls, and signage;
(d) That portion of any street right-of-way of Deer Run that are designed as Common Areas
on the recorded plat of the subdivision even though dedicated to the public; and
(e) The landscaped common area located on Lot 17X of Block 1.
(f) Exterior landscaped portions of the Lots.
Section 4.06 Of the common areas listed above, the following are "Common Areas of City
Interest" as that term is used herein;
(a) The masonry wall and foundation along Ruby Road and Coppell Road;
(b) The landscaping and irrigation between Ruby Road and Coppell Road Wall and edge
of pavement;
(c) The entry area landscaping, irrigation, walls, and signage; and
(d) That portion of any street right-of-way of Deer Run that are designated as Common
Areas on the recorded plat of the subdivision even though dedicated to the public.
Section 4.07 Should the association or its Board fail or refuse to maintain such Common
Areas of City Interest to City specifications for an unreasonable time, not to exceed ninety 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 4.06. 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 assessments 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.
ARTICLE V
ASSESSMENTS MAINTENANCE FUND AND ASSESSMENT LIENS
Section 5.01 The Association shall possess the right, power, authority, and obligation to
establish an annual assessment sufficient in the judgment of the Board of Directors to pay when due
all charges and expenses related to the operation of the Association. Such annual assessments so
established shall be payable by the Owners on the first day of each calendar year. They shall be
applied to the payment of charges for which the Association is responsible, including, without
limitation, charges relating to maintenance and repair, public liability and other insurance coverage
which is required or permitted to be maintained by the Association, taxes, assessments, and other
governmental impositions not separately levied and assessed, utilities not separately assessed,
professional services (such as accounting and legal), and such other costs and expenses as may
reasonably relate to the proper operation, management, and administration of the Association. No
consent or approval of the Owners shall be required for the establishment of the annual assessments
contemplated by this section.
During initial sales and construction phases, Owners other than the original developer shall
pay a pro rata assessment based upon the balance of the remaining calendar year, to be calculated
starting the month following the date of purchase, with one twelfth (1/12) of the annual assessment
calculated for each remaining month of the calendar year. This pro rata assessment is due and
payable within 30 days from the date of purchase. Thereafter, the assessments are annual as per this
section.
Initial assessments are anticipated to be sixty dollars ($60.00) per lot per month which will
be the basis for determining pro rata assessments on a calendar year basis.
Section 5.02 Prior to the commencement of each calendar year, the Association, through the
Board of Directors, shall prepare and deliver to each of the Owners a budget setting forth the
anticipated expenses for the ensuing year. Such budget shall be in sufficient detail so as to inform
each Owner of the nature and extent of the expenses anticipated to be incurred, and shall be
accompanied by a statement setting forth each owner's annual pro rata share thereof and the date on
which such annual assessment first commences to be payable. The Board may provide that annual
assessments shall be paid monthly, quarterly, semi-annually, or annually. No further communication
shall be necessary to establish the amount of each owner's obligation regarding the annual
assessment payable hereunder, and the failure of the Board of Directors to timely deliver the budget
provided for herein shall in no event excuse or relieve an owner from the payment of the annual
assessments contemplated hereby. Any budget prepared and delivered to the Owners as hereby
contemplated may be amended as and to the extent reasonably necessary, and the amount of an
Owner's annual assessment changed, to correspond therewith.
Section 5.02(a) The Annual Assessments shall include reasonable amounts, as determined
by the Board, collected as reserves for the future periodic maintenance, repair, and/or replacement
of all or a portion of the Common Area. All amounts collected as reserves, whether pursuant to this
Section or otherwise, shall be deposited by the Association in a separate bank account to be held in
trust for the purposes for which they were collected and are to be segregated from and not
commingled with any other funds of the Association. Assessments collected as reserves shall not be
considered to be advance payments of regular Assessments.
Section 5.03 In addition to the annual assessments contemplated hereunder, the Association
shall possess the right, power, and authority to establish special assessments from time to time as
may be necessary or appropriate in the judgment of the Board of Directors to pay (I) non-recurring
expenses relating to the proper operation, management, and the administration of the Association,
or (ii) non-recurring expenses relating to the proper maintenance, care, alteration, improvement, or
reconstruction of specific Lots (including the Buildings thereon) in the manner hereinafter specified.
Section 5.04 Each Owner shall be personally obligated to pay his pro rata share of all
assessments established pursuant to these Covenants. Each Owner's pro rata share shall be equal to
a percentage of the total amount of the assessments established pursuant to these Covenants
determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute the
personal obligation of the Owner of such Lot at the time such assessment became due. No Owner
shall be entitled to exempt himself from the liability of such Owner's obligation to pay such
assessments by an abandonment of his Lot or by any other action whatsoever. Any such assessment
not paid within ten (10) days of the date due shall bear interest at the rate of (18%) per annum, and
shall be recoverable by the Association, together with interest as aforesaid and all costs and expenses
of collection of suit, including reasonable attorney's fees, in a court of competent jurisdiction sitting
in Dallas County, Texas. It shall be the responsibility of the Board of Directors to collect any such
delinquent assessments, the existence of which shall be made known by written notice delivered to
the defaulting owner and such Owner's First Mortgagee.
Not withstanding the previous paragraph, until such time as Class B member votes transition
to one vote per lot pursuant to Section 4.02 (b), the Developer shall not be obligated to pay pro rata
share assessments on lots owned by the Developer.
Section 5.05 An Owner's pro rata share of all assessments established pursuant to these
Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon in
favor of the Association, which lien shall be prior and superior to all of the liens and encumbrances
upon such Lot and Residence, regardless of how created, evidenced, or perfected, other than the liens
securing the payment of First Lien Indebtedness and the lien for unpaid taxes, assessments, and other
governmental impositions. Such lien and encumbrance may be enforced by any means available at
law or in equity, including, without limitation, a nonjudicial foreclosure sale of the Lot of a
defaulting owner conducted in accordance with the provisions of V.T.C.A. Property Code Section
51.002 with the Board of Directors having the power to appoint a trustee to conduct such sale. The
Association or any other Owner may be the purchaser at such foreclosure sale.
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Section 5.06 The Association shall promptly transmit to an Owner, such Owner's First
Mortgagee, or any other interested party requesting such information, a statement setting forth the
amount of any delinquent assessments payable by an owner, as well as the amount of the annual
assessment payable at the time of such request.
ARTICLE VI
IMPROPER MAINTENANCE BY OWNER
Section 6.01 In the event any Lot (including Building or Residence located thereon) is, in the
judgment of the Board of Directors so maintained by its Owner as to not comply with these
Covenants or so as to present a public or private nuisance or so as to substantially detract from the
appearance or quality of the neighboring Lots or other areas of the Land which are substantially
affected thereby or related thereto, the Association, through the Board of Directors, may, by
resolution, make a finding to that effect specifying that the particular condition or conditions which
exist, and pursuant thereto deliver notice thereof to the offending Owner that unless corrective action
is taken within ten (10) days, the Association will cause such action to be taken at such owner's cost.
If at the expiration of said ten (10) day period of time the requisite corrective action has not been
taken, and unless a reasonable extension is approved by the Board of Directors the Board shall be
authorized and empowered, on behalf of the Association, to cause such action to be taken. Such
corrective action allows for access, and trespass may be necessary to complete the maintenance. The
cost (the "Maintenance Cost") thereof shall be assessed against the Lot of the offending Owner and
shall be secured by the Maintenance Lien as hereinafter provided. Written notice of such assessment
shall be delivered to the offending Owner which notice shall specify the amount of such Maintenance
Cost and shall demand payment thereof within thirty (30) days after the date of said notice.
Section 6.02 The Board of Directors shall have the right at any time there are unpaid
Maintenance Costs outstanding with respect to a Lot to file with the County Clerk of Dallas County,
Texas, a statement describing such lot and declaring the amount of unpaid Maintenance costs
relating thereto in which event, upon such filing, there shall be automatically imposed on such Lot
a Lien (the "Maintenance Lien") in favor of the Association for the amount of such unpaid
Maintenance Costs relating to any such lot. Upon a payment of the Maintenance Costs secured by
such maintenance Lien by or on behalf of the Lot against which the Maintenance Lien is imposed,
the Board of Directors shall file or record with the County Clerk of Dallas County, Texas, and
appropriate release of such Maintenance Lien previously filed against the Lot thereof for such
Maintenance Costs. The Maintenance Lien shall be for the sole benefit of the Association.
Section 6.03 Each Owner, for himself, his heirs, executors, administrators, trustee, personal
representatives, successors and assigns, covenants and agrees:
(a) That he will pay to the Association within thirty (30) days after the date of written notice
thereof any Maintenance Costs assessed against his Lot; and
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(b) That by accepting any Deed to his Lot, he shall be and remain personally liable for any
and all Maintenance Costs assessed against his Lot while he is (or was) the Owner
thereof, regardless of whether such Covenants or agreement are expressed in such Deed
and regardless of whether he signed the Deed.
Section 6.04 If the Owner of any Lot fails to pay the Maintenance Cost when due, the Board
of Directors may enforce the payment of the Maintenance Cost and/or the Maintenance Lien by
taking either or both of the following actions, concurrently or separately, and by exercising either
of the remedies hereinafter set forth, the Board of Directors does not preclude or waive its rights to
exercise the other remedy:
(a) Bring an action at law and recover judgment against the Owner personally obligated to
pay Maintenance Cost;
(b) Foreclose the Maintenance Lien against the Lot in accordance with the prevailing Texas
law relating to the foreclosure of realty mortgages and liens (including the power of
conducting a nonjudicial sale in accordance with the provisions of V.T.C.A. Property
Code Section 51.002 and the right to recover a deficiency). The Board of Directors shall
have the power to appoint a trustee to conduct such sale.
The sale or transfer of any Lot shall not affect the Maintenance Lien.
Section 6.05 In any action taken pursuant to Section 6.04 of this Article, the Owner shall be
personally liable for, and the maintenance Lien shall be deemed to secure the amount of, the
Maintenance Cost together with interest thereon at the rate of eighteen percent (18%) per
annum, and reasonable attorney's fees.
ARTICLE VII
ARCHITECTURAL CONTROL
Section 7.01 The Developer hereby appoints an Architectural Control Committee (herein so
called), which shall consist of three (3) members who shall be natural persons. The initial members
of the Architectural Control Committee are: Fred Phillips, Steve Fluker and John Hutchinson. All
matters before the Architectural Control Committee shall be decided by majority vote of its
members. After January 1, 2008, the Association shall assume all of the rights and powers of the
Architectural Control Committee and shall exercise same, through the Board of Directors, in the
manner herein provided. In the event of death, incapacity or resignation of a member of the
Architectural Control Committee, the successor for such member shall be appointed by the majority
of the remaining members of the Architectural Control Committee, if such death, incapacity or
resignation occurs on or before the above date and by the Association if such death, incapacity or
resignation occurs thereafter.
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Section 7.02 No Building, fence, wall, sign, exterior light, or other structure or other
apparatus, either permanent or temporary, shall be commenced, erected, placed, or maintained upon
the Land (or any Lot constituting a part thereof), nor shall any remodeling or reconstruction thereof,
exterior addition thereto, change therein, or alteration, excavation, subdivision, or resubdivision
thereof, including without limitation changes in or alterations to grade, roadways, and walkways, be
made until three (3) copies of the plans and specifications showing the nature, kind, shape, height,
materials, color, and location, and other material attributes of same, shall have been submitted to and
approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Architectural Control Committee. All plans and specifications
submitted to the Architectural Control Committee shall include plats showing the proposed locations
on the Land and the dimensions of all improvements and shall specify in addition to construction
diagrams and specifications, all materials to be used and color schemes for all improvements. If the
Board fails to approve or disapprove such design and location within thirty (30) days after such plans
and specifications have been submitted to it, approval of the Architectural Control Committee will
be deemed to have been given, and this Article will be deemed to have been fully complied with. The
Architectural Control Committee shall have the right in the sole discretion of the Architectural
Control Committee, to disapprove any plans and specifications submitted to it for any of the
following reasons: (a) If such plans and specifications are not in accordance with any of the
provisions of these Covenants or the codes, ordinances, and regulations of the City of Coppell,
Texas; (b) if the external design, elevation, appearance, location, or color scheme for the proposed
improvements are not in harmony with the general surroundings of the Land or with the adjacent
dwellings or structures or with the topography; (c) if the plans and specifications submitted are
incomplete; (d) if the design, appearance, or location of any landscaping is not in harmony with the
general surroundings or topography; (e) if the Architectural Control Committee deems the plans and
specifications, or any part thereof, to be contrary to the interest, welfare, or rights of any or all parts
of the Land. The Architectural Control Committee is authorized to accept whatever drawings, plans,
or specifications as it deems desirable within its sole discretion to be in satisfaction of the foregoing.
The decision of the Architectural Control Committee shall be final, conclusive, and binding upon
all Owners. Neither the Architectural Control Committee nor Developer shall be responsible in any
way for any defects in any plans or specifications submitted, revised, or approved in accordance with
the foregoing, nor for any structural or other defects in any work done according to such plans and
specifications. The signature of any two members of the Architectural Control Committee on any
such plans and specifications with "approved" or "disapproved" written or stamped thereon shall be
prima facie evidence as to such approval or disapproval being the act of the full Architectural
Control Committee.
Section 7.03 The Architectural Control Committee shall have the right, but not the obligation,
to enforce the provisions of these Covenants and to such end shall have the same powers as herein
given to the Association and its Board of Directors. If the Architectural Control Committee shall fail
or refuse to enforce these Covenants for an unreasonable period of time after written request to do
so by any aggrieved Owner, then such aggrieved Owner may enforce these Covenants on his own
behalf by appropriate action.
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Section 7.04 Neither Developer, the Association, the Architectural Control Committee, and
the Board nor the officers, directors, members, employees and agents of any of them, shall be liable
in damages to anyone submitting plans and specifications to any of them for approval, or to any
Owner of property affected by these restrictions by reason of mistake in judgment, negligence, or
nonfeasance arising out of or in connection with the approval or disapproval variance or failure to
approve or disapprove any such plans and specifications. Every person who submits plans or
specifications, and every Owner of any of said property agrees that he will not bring any action of
suit against Developer, the Association, the Architectural Control Committee, the Board, or the
officers, directors, members, employees and agents of any of them, to recover any such damages and
hereby releases, and quitclaims all claims, demands, and causes of action arising out of or in
connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any
law which provides that a general release does not extend to claims, demands, and causes of action
not known at the time the release is given.
ARTICLE VIII
ASSOCIATION ORGANIZATION AND MANAGEMENT
Section 8.01 The Architectural Control Committee may allow reasonable variances and
adjustments of these conditions and restrictions in order to overcome practical difficulties and
prevent unnecessary hardships in the application of the regulations contained herein, but is not under
any obligation to issue variances. However, variances shall be in conformity to the intent and
purposes hereof and provided also that in every instance such variance or adjustment will not be
materially detrimental or injurious to other Lots or improvements on the Land. Determination of
such a finding shall lie with the Architectural Control Committee. Granting of a variance for one
property does not obligate the Committee to grant further variances for other properties. Each such
variance request shall be on a case by case basis. Should the Committee find that a granted variance
produced an undesirable result, the Committee may elect not to grant other similar requests.
ARTICLE IX
LAND SUBJECT TO THIS DECLARATION
Section 9.01 All of the Property and any right, title, or interest therein shall be owned, held,
leased, sold, and/or conveyed by Developer, and any subsequent owner of all or part thereof, subject
to these Covenants and the covenants, restrictions, charges, and liens set forth herein.
ARTICLE X
MISCELLANEOUS
Section 10.01 Subject to the limitations of Section 10.03, these Covenants may be revoked
or amended in the following manner:
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(a) Until December 31, 2002, the Board of Directors, together with a majority of the
Owners, shall have the right, from time to time, to revoke or amend these Covenants for
any purpose by instrument bearing the signature of a majority of the Board of Directors
and a majority of the Owners duly acknowledged and recorded in the records of the
Office of the County Clerk of Dallas County, Texas.
(b) On or after January 1, 2003, sixty-seven percent (67%) of the Owners may from time
to time revoke or amend these Covenants for any purpose by instrument bearing the
signatures of sixty-seven percent (67%) of the Owners, duly acknowledged and recorded
in the Deed Records of the office of the County Clerk of Dallas County, Texas.
Section 10.02 These Covenants shall be effective upon the date of recordation hereof, and
as amended from time to time, shall continue in full force and effect to and including December 31,
2044. From and after said date, these Covenants, as amended, shall be automatically extended for
successive periods often (10) years, unless there is an affirmative vote to terminate these Covenants
by the then Owners of fifty-one percent (51%) of the Lots and approval by majority vote of the then
members of the City Council of the City of Coppell.
Section 10.03 Sections 10.01 and 10.02, 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 Article IV, the assessment procedure set out in Article V, and the rights extended to the City of
Coppell set out in Section 4.07 in regard to the Common Areas of City Interest set out in Section
4.06, shall not be revoked or amended without the additional approval of a majority of the then
members of the City Council of the City of Coppell, Texas.
Section 10.04 If any provisions of these Covenants shall be held invalid or unenforceable,
the same shall not affect the validity or enforceability of any of the other provisions hereof.
Section 10.05 Whenever notices are required to be sent hereunder, the same shall be sent to
the Owner who is the intended recipient, by certified or registered mail, return receipt requested and
postage prepaid, at the address of such Owner's Lot and further provides that any such notice may
be delivered in person. Notices shall be deemed received when actually received and whether or not
received when deposited in a regularly maintained receptacle of the United States Postal Service in
accordance with the provisions hereof. Notices sent to the Architectural Control Committee or the
Association shall be sent by certified or registered mail, return receipt requested and postage prepaid,
only at such ad&ess as has previously been specified by the Architectural Control Committee to the
Owners or by the Board of Directors to the Owners, respectively. The Architectural Control
Committee and the Association may, from time to time, change such specified addresses by giving
the Owners notice of such change in the manner herein provided.
Section 10.06 Whenever the context so requires, the use of any gender shall be deemed to
include all genders, the use of the plural shall include the singular, and the singular shall include the
plural.
15
Section 10.07 All captions, titles, or headings of the Articles or sections in these Covenants
are for the purpose of reference and convenience only, and are not to be deemed to limit, modify, or
otherwise affect any other provisions hereon, or to be used in determining the intent or context
hereof.
Section 10.08 If any interest purported to be created by these Covenants is challenged under
the Rule Against Perpetuities or any related rule, by interest shall be construed as becoming void and
of no effect as of the end of the applicable period of perpetuities computed from the date when the
period of perpetuities starts to run on the challenged interest; the "lives in being" for computing the
period of perpetuities shall be those which would be used in determining the validity of the
challenged interest.
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EXECUTED on the date first above ua'itten.
DEVELOPER:
R.H. of ~exas Limited Partnership
By:
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the gT~/~day of ,,~//,,,~.. 1~ ,2000,
by Fred Phillips, Land Manager of R.H. of Texas, L.P., a Texas Limited Partnership, on behalf of
said Limited Partnership.
/~ary Public State of Texas
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION
WHEREAS, R.H. of Texas, L.P. is the sole owner of a tract of land situated in the John Vest Survey,
Abstract No. 1508, Dallas County, Texas, as recorded in Volume 99101, Page 6380 of the Deed
Records of Dallas County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a ½" iron rod found in the West right-of-way line of Coppell Road, said iron rod
being the beginning of a circular curve to the right, said curve being tangent to the said West line of
Coppell Road, said curve having a radius bearing of South 89°53'00" West, a radius of 30.18 feet
and a central angle of 90°23'05'', said curve to right being a curve which joins the said West line of
Coppell Road with the future North right-of-way line of Ruby Road;
THENCE along said circular curve to the right an arc length of 47.61 feet to a ½" iron rod found for
comer in the future North right-of-way line of Ruby Road;
THENCE South 00° 16'05" West departing the future said North right-of-way line of Ruby Road,
a distance of 10.00 feet to a ½" iron rod found for corner in the existing North right-of-way line of
Ruby Road (40 foot R.O.W.);
THENCE North 89°43'55'' West along said existing North right-of-way line of Ruby Road (40 foot
R.O.W.), and generally along an existing barbed wire fenced line, a distance of 525.08 feet to a ½"
iron rod found for corner;
THENCE North 01 °44'33" West departing said North right-of-way line of Ruby Road and along
an existing barbed wire fence line, a distance of 228.88 feet to a ½" iron rod found for corner;
THENCE South 89 °48'35" West generally along a barbed wire fence, a distance of 132.65 feet to
a ½" iron rod found for comer in the east line of the ARC SPEI I, L.L.C., tract as recorded in Volume
97084, Page 2081 of the Deed records of Dallas County, Texas, said point also being the northwest
corner of the George W. Venerable tract as recorded in Volume 68209, Page 0444 of the Deed
Records of Dallas County, Texas;
THENCE North 00°27'53" West along the east line of said ARC SPEI I, L.L.C., tract and generally
along a barbed wire fence, a distance of 408.41 feet to a ½" iron rod found for corner, said comer
being in the South line of the ARC IV, L.L.C. tract as recorded in Volume 2000013, Page 5633, of
the Deed Records of Dallas County, Texas;
THENCE South 88 °25' 14" East generally along a barbed wire fence and along common line of said
ARC IV, L.L.C. tract, a distance of 197.70 feet to a ½" iron rod found for comer;
18
THENCE South 88°33'26'' East along a barbed wire fence and along the common line of said ARC
IV, L.L.C. tract, a distance of 499.72 feet to an "X" cut at base of brick column for comer, said
corner being in the West right-of-way line of Coppell Road (72.50 feet R.O.W.);
THENCE South 00°07'00'' East along said West right-of-way line of Coppell Road (72.5 feet
R.O.W.), a distance of 580.92 feet to the POINT OF BEGINNING and containing 9.3108 acres or
405,579 sq.ft, of land.
C:WIYDOCU- 1\9802~IOA WPD ] 9