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Enclaves/FP-CS 950328KASMiR & KRAGe, L.L.P. ATTORNEYS AND counSELORS AT LAW 200i BrYan tower SUITE 2700 DALLAS, TEXAS 75201-3059 214/969-? 500 TELECOPlER March 28, 1995 HAND DELIVERED Robert L. Dillard, III, Esq. Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 North Akard Street Dallas, Texas 75201 Re: The Enclaves on the Parkway, a proposed addition to the City of Coppell, Dallas County, Texas Dear Mr. Dillard: In connection with the development of The Enclaves on the Park- way, you will find enclosed herewith a copy of the Declaration of Cove- nants, Conditions and Restrictions for The Enclaves on the Parkway (hereinafter called the "Declaration") that was recorded in Volume 95055, Page 02323 of the Deed Records of Dallas County, Texas. Very truly yours, Cyril D. Kasrnir CDK/lja Enclosure CC: Mr. David R. blom President WPC - Parkway Development Corporation (Via telecopier to 278-8187 [without enclosure] and regular mail [with enclosure]) KASMIR & KRAgE, L.L.P. Robert L. Dillard, III, Esq. March 28, 1995 Page 2 Mr. Jim Witt City Manager City of Coppell (Via regular mail) (With enclosure) William A. Anderson, P.E. Dowdey, Anderson and Associates, Inc. (Via regular mail) (With enclosure) ws3\1202 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENCLAVES ON THE PARKWAY STATE OF TEXAS § COUNTY OF DALLAS § ~001 KNOW ALL MEN BY THESE PRESENTS: THAT WPC - Parkway Development Corporation, a Texas corpora- tion (the "Declarant"), is the owner of that certain tract of land that contains approximately 5.843 acres that is located in Coppell (the "City"), Dallas County (the "County"), Texas, the legal description of which is marked Exhibit A - Legal Description, attached hereto and incorporated herein for all purposes (the "Property"). The Declarant is developing the Property into a single-family residential lot addition to the City to be known as "The Enclaves on the Parkway" (the "Addition"). As used herein, the te~m "Plat" shall mean that certain Final Plat depicting The Enclaves on the Parkway, an addi- tion to the City, as approved by the City Council of the City for recording in the Map Records of the County, as the same may be amended from time to time. By the execution and recordation of this Declaration of Covenants, Conditions and Restrictions for The Enclaves on the Parkway (the "Decla- ration''), the Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easements, covenants, condi- tions and restrictions, which are for the purpose of establishing a general scheme for the development of the Property and all of the lots to be developed on the Property and for the purpose of enhancing and protect- ing the value, attractiveness and desirability of the Property and all of the lots to be developed on the Property and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the Property or any part thereof and which shall inure to the benefit of each owner thereof. ARTICLE ONE CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS Section 1.1 Residential Use. All lots to be developed on the Property (individually, a "lot", and, collectively, the "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 (1) family consisting of persons related by blood, adoption or marriage or no more than two (2) unrelated persons living and cooking together as a single housekeeping unit, together with any household ser- vants. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ~,~/' THE ENCLAVES ON THE PARKWAY - Page 1 of 17 Pages CDK-ws4 \684-03/02/g$-03:27 PM Section 1.3 Garage Required. Each residence shall have a garage suitable for parking not less than two (2) standard size automobiles, which garage conforms in design and materials with the main structure. All houses with an alley abutting the rear lot line shall have the garage opening toward the alley. Section 1.4 Restrictions on Resubdivision. None of the lots shall be subdivided into smaller lots. Section 1.5 Driveways. All driveways shall be surfaced with concrete or similar substance that is approved by the Committee (which term is hereinafter defined). Section 1.6 Uses Specifically Prohibited. (A) No temporary dwelling, shop, trailer or mobile home of any kind or any improvement of a temporary character (except children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a lot only in places which are not visible from any street on which the lot fronts) shall be permitted on any lot except that the builder or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a given lot during construction of the residence on that lot. No building material of any kind or character shall be placed or stored upon the property until the owner thereof is ready to commence construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected. (B) No boat, marine craft, hovercraft, aircraft, recreational vehi- cle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any dwelling or parked on any public street on the Property, nor shall any such vehicle or equipment be parked for storage in 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. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. (C) Trucks with tonnage in excess of one (1) ton and any vehicle with painted advertisement shall not be permitted to park overnight on the Property except those used by a builder during the construction of improvements on the Property. (D) No vehicle of any size which transports inflammatory or explosive cargo or hazardous material may be kept on the Property at any time. (E) No vehicles or similar equipment shall be parked or stored in an area visible from any street except passenger automobiles, passenger vans, motorcycles, pick-up trucks and pick-up trucks with attached bed campers that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas. No inoperative cars or vehi- cles of any type or nature may be kept or situated on the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR n,/~/ THE ENCLAVES ON THE PARKWAY - Page 2 of 17 Pages CDK-ws4\684-03/02/95-03:27 PM (F) No structure of a temporary character, such as a trailer, basement, tent, shack, barn or other out-building shall be used on the Property at any time as a dwelling house; provided, however, that any builder may maintain and occupy model houses, sales offices and con- struction trailers during the construction period. (G) No oil or gas drilling, oil or gas development operation, oil or gas refining, quarrying or mining operations of any kind shall be per- mitted in the Property, nor shall oil or gas wells, tanks, tunnels, mineral excavations or shafts be penxxitted upon or in any part of the Property. No derrick or other structure designed for using in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted on the Property. (H) No animals, livestock or poultry of any kind shall be raised, bred or kept on the Property 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 and intent 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, reptiles or any other animals that may inter- fere with the quietude, health or safety of the community. No more than four (4) pets will be permitted on each lot. Pets must be restrained or confined in the back of each lot inside a fenced area or within the house. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification. (I) No lot or other area of the Property shall be used as a dumping ground for rubbish or as a site for the accumulation of unsightly materials of any kind, including, but not limited to, broken or rusty equipment, disassembled or inoperative cars or other vehicles and discarded appliances and furniture. Trash, garbage or other waste shall not be kept on the Property except in sanitary containers. All equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of improve- ments may be stored on lots during construction so long as construction progresses without undue delay. (J) Property. No individual water supply system shall be permitted on the (K) No individual sewage disposal system or septic tank shall be permitted on the Property. (L) 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. (M) 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. DECLARATION OF COVENANTS, / CONDITIONS AND RESTRICTIONS FOR THE ENCLAVES ON THE PARKWAY - Page 3 of 17 Pages II,ti' CDK-ws4 \684-03 /02 /95-03:27 PM (N) Except with the written permission of the Committee or as set forth herein, no antennae, discs or other equipment for receiving or sending sound or video messages shall be permitted on the Property except antennae for AM or FM radio reception and UHF and VHF televi- sion reception. All antennae shall be located inside the attic of the main residential structure; provided, however, that one (1) antenna may be permitted to be attached to the roof of the main residential structure and to extend above said roof a maximum of five feet (5') and one (1) satellite disc or other instrument or structure may be placed in the backyard so long as it is completely screened from view from any street, alley, park or other public area. (O) No lot or improvement shall be used for business, profes- sional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken on the Property, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit a builder's temporary use of a residence as a sales office until the builder's last residence on the Property is sold. Nothing in this subparagraph shall prohibit an owner's use of a resi- dence for quiet, inoffensive activities such as tutoring or giving art les- sons so long as such activities are in compliance with all governmental and zoning requirements and do not materially increase the number of cars parked on the street or interfere with the adjoining homeowners' use and enjoyment of their residences and yards. (P) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three feet (3') and six feet (6') above the roadway shall be placed or permitted to remain on any comer lot within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five feet (25') from the intersection of the street right-of-way lines, or, in the case of a rounded property comer, from the intersection of the street right-of-way lines as extended. 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. (Q) Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any lot, it being the intention and purpose of these provisions that only new con- struction be placed and erected thereon. (R) 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. (S) The general grading, slope and drainage plan of a lot may not be altered without the prior approval of the City and all other appro- priate agencies having authority to grant such approval. (T) No sign of any kind shall be displayed to public view on any lot except one (1) professional sign of not more than thirty-two (32) square feet, one (1) sign of not more than sixteen (16) square feet adver- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENCLAVES ON THE PARKWAY - Page 4 of 17 Pages CDK-ws4 \ 684-03 / 02 / 95-03 :27 PM tising the property for rent or sale, or signs used by a builder to advertise the property during the construction and sales period. The Declarant and 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 liability in connection with such removal. (U) The drying of clothes in full public view is prohibited. The owners and occupants of any lots at the intersections of streets or adja- cent to parks, playgrounds or other facilities where the rear yard is visible to full public view shall construct a drying yard or other suitable enclosure to screen from public view the equipment which is incident to normal residences, such as clothes drying equipment, yard equipment and storage piles. (V) Except within fireplaces in the main residential dwelling and except for outdoor cooking, no burning of anything shall be permitted anywhere on the Property. 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, breezeways, patios and detached accessory buildings, shall be not less than one thousand eight hundred (1,800) square feet or the minimum habitable floor area as specified by the City, whichever is the greater. Section 1.8 Building Materials. The total exterior wall area of the first floor of all structures constructed or placed on a lot shall be at least Eighty Percent (80%) of masonry construction; provided, however, that the side and rear portions of houses which back to or side to Parkway Boulevard shall be One Hundred Percent (100%) masonry. Each story above the first floor of a straight wall structure shall be at least Eighty Percent (80%) masonry, exclusive of doors, windows and the area above the top plate line. Except for the side and rear portions of houses which back to or side to Parkway Boulevard, windows, doors or areas above the top plate line are excluded from the calculation of the total exterior wall area. Roofing shall be of a substance that has a minimum weight of two hundred fifty (250) pounds per standard package and that is 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 lot line than the minimum setback lines shown on the Plat or as required by the City. In any event, no building shall be located on any lot nearer than twenty-five feet (25') to, nor further than thirty-five feet (35') from, the front lot line or nearer than sixteen feet (16') to the struc- tures on the lots that are located on either side of the said lot, except that structures on corner lots shall be no nearer than fifteen feet {15') to the side property line adjoining the street. Eaves and steps and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. Section 1.10 Waiver of Front Setback Requirements. With the written approval of the Committee, any building may be located further back from the front property line of a lot than provided above, where, in the opinion of the Committee, the proposed location of the building will DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ..~/ THE ENCLAVES ON THE PARKWAY - Page 5 of 17 Pages CDK-ws4 \ 684-03 / 02 / 95-03:27 PM add to the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots. Section 1.11 Fences and Walls. Any fence or wall must be con- structed of masonry, brick, wood or other material that is approved by the Committee. No fence or wall shall be permitted to extend nearer to any street than the front of any residence. However, all side yard fencing on corner lots shall run parallel to the curb and may be placed up to the side building line as shown on the Plat and shall not extend beyond a point of six feet (6') behind the front of the residence on that side. Fences or walls erected by the 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 for the fence to be constructed by the Declarant and maintained by the Association (which term is hereinaf- ter defined) in the ten foot (10') common area along Parkway Boulevard as shown on the Plat, no portion of any fence shall extend beyond eight feet (8') in height. Any fence or portion thereof that faces a public street shall be so constructed so that all structural members and posts will be on the side of the fence away from the street so that they are not visible from any public right-of-way. Notwithstanding the foregoing provisions, any fence that is constructed on the portions of Lots 9 through 19, inclusive, in Block A as shown on the Plat that back or side to the R.T.C. Drainage Easement (Lot 22) shall consist only of a five foot (5') decorative metal fence that is painted black. Notwithstanding the foregoing provi- sions, any fence that is constructed on the portion of Lot 21 in Block A as shown on the Plat that sides to Enclaves Court shall not extend southerly beyond the masonry screening wall that will be constructed by the Declarant. Section 1.12 Sidewalks. All sidewalks shall conform to the City specifications and regulations. Section 1.13 Mailboxes. Mailboxes shall be standardized and shall be constructed of a material and design approved by the Committee (unless gangboxes are required by the U.S. Postal Service or the City). Section 1.14 Landscaping. Two (2) parkway trees with a mini- mum three inch (3") caliper shall be required for each dwelling unit, to be installed if not already in existence prior to occupancy. Rear yard, side yard and front yard tie walls shall be constructed of either milsap stone or granbury stone; provided, however, that the front yard tie wall may be constructed of the same brick as the house on that particular lot. ARTICLE TWO ARCHITECTURAL CONTROL Section 2.1 Appointment. The Declarant shall designate and appoint an Architectural Control Committee (the "Committee") composed of three (3) individuals, each generally familiar with the residential and community development design matters and knowledgeable about the Declarant's concern for a high level of taste and design standards on the Property. The Committee shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Property consistent with this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENCLAVES ON THE PARKWAY - Page (5 of 17 Pages CDK-ws4 \684-03/02/95-03:27 PM Section 2.2 Successors. In the event of the death, resignation or removal by the Declarant of any member of the Committee, the remain- ing members shall appoint a successor member. In default of such appointment, the Declarant shall have full authority to designate and appoint a successor. 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 2.3 Authority. No landscaping shall be undertaken and no building, fence, wall or other structure shall be commenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all plans and specifications and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to all of the following: (A) Quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design and proper facing of main ele- vation 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 improve- ments on other lots on the Property; and (C) The other standards set forth within this Declaration (and any amendments hereto) or matters in which the Committee has been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered to consider and review any and all aspects of construction and landscaping which may, in the rea- sonable opinion of the Committee, adversely affect the living enjoyment of one or more lot owners or the general value of lots on the Property. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Commit- tee shall consider only the general appearance of the proposed building as that can be determined from front, rear and side elevations on the plans that are submitted to the Committee. Section 2.4 Procedure for Approval. Final plans and specifica- tions shall be submitted in duplicate by certified mail or actually deliv- ered to the Committee at the address of the Declarant that is shown on the signature page of this Declaration. The plans and specifications shall show the nature, kind, shape, height, materials and location of all land- scaping and improvements. The documents shall specify any requested variance from the setback lines and 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 com- plete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a majority of the Committee and returned to the lot owner or his designated representative. If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accom- panied by a written statement that sets forth the reasons for disapproval, which statement shall be signed by a majority of the Committee. Any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR /~ .j~/~,/~ THE ENCLAVES ON THE PARKWAY - Page 7 of 17 Pages . CDK-ws4 \684-03/02/95-03:27 PM 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. In no event shall the Committee give verbal approval of any plans. 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 Two shall be deemed to have been completed. In case of a dispute about whether the Committee responded within such time period, the person submitting the plans shall have the burden of establishing that the Committee received the plans. The Committee's receipt of the plans may be established by a signed certified mail receipt or a signed delivery receipt. Section 2.5 Standards. The Committee shall have sole discre- tion with respect to taste, design and all standards that are specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures from being built on the Property. The Committee shall also have the authority to require a minimum 7-12 foot roof slope, to specify that chimney flues be covered with brick or masonry or wood, to prohibit the use of light-weight com- position roof material, to require that the colors of roofing materials be earth tones, to require the use of anodized aluminum divided light windows, and generally to require that any plans meet the standards of the existing improvements on neighboring lots. The Committee may from time to time publish and promulgate bulletins regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. Section 2.6 Termination; Continuation. The Committee appointed by the Declarant shall cease to exist on the earlier of the following: (A) the date on which all the members of the Committee file a document declaring the tex~laination of the Committee, or (B) the date on which residences have been constructed on all lots on the Property. Notwithstanding the above provision, at any time after the tex£iiination of the Committee, the Association, acting by the affirmative vote of two-thirds (2/3) of the members present and voting at a meeting of the members of the Association called for such purpose, shall have the authority to have a committee selected by the Board of Directors of the Association to continue the functions of the Committee. Variations from the standards that are set forth in this Declaration shall be made in accordance with the general development standards as reflected in the plans, construction materials, landscaping and other matters approved by the Committee or Association committee during their periods of control. Section 2.7 Liability of Committee. The members of the Com- mittee shall have no liability for decisions that are made by the Commit- tee so long as such decisions are made in good faith and are not arbi- trary or capricious. Any errors in or omissions from the plans submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obliga- tion to check for errors in or omissions from any such plans, or to check for such plans' compliance with the general provisions of this Declara- tion, City codes, state statutes or the common law, whether the same relate to lot lines, building lines, easements or any other issue. This Section 2.7 shall also apply to the members of the Association commit- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ~/ ~ ~'v~ ~1~ T---'~~~ --~-age 8 of 17 Pages CDK-ws4\684-03/02/95-03:27 PM tee, if such a committee comes into existence pursuant to Section 2.6 of this Declaration. ARTICLE THREE MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 3.1 Membership. Every owner of a lot shall be a mem- ber of Homeowners' Association of the Enclaves on the Parkway, Inc., a Texas non-profit corporation, and its successors and assigns (the "Asso- ciation''}. Membership shall be appurtenant to and shall not be sepa- rated from ownership of any lot which is part of the Property. Every member shall have the right at all reasonable times during business hours to inspect the books of the Association. Section 3.2 Voting Rights. The Association shall have two (2) classes of voting membership to be designated, respectively, Class A and Class B: (A) Class A. The Class A Members shall be all lot owners with the exception of the Declarant (until conversion of the Class B Member- ship into the Class A Membership as hereinafter provided), and shall be entitled to one (1) vote for each lot owned. When more than one person owns an interest in any lot, all such persons shall be members of the Association, but the vote for such lot shall be exercised as the owners of the particular lot shall among themselves determine. In no event shall more than one (1) vote be cast with respect to any lot. (B) Class B. The Class B Member shall be the Declarant which shall be entitled to three (3) votes for each lot that it owns. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever first occurs: (i) Thirty (30) days after the total votes outstanding in the Class A Membership with respect to the entire Property equal or exceed the total votes outstanding in the Class B Membership; or (ii) Ten (10) years following the earliest date upon which ownership of any lot becomes vested in a person other than the Declarant. Section 3.3 Board of Directors. The members of the Association shall elect the Board of Directors. The Board of Directors shall, by majority rule, conduct the business of the Association, except when membership votes are required pursuant to this Declaration or pursuant to the Articles of Incorporation and/or Bylaws of the Association. Section 3.4 Bylaws. The Association may make whatever rules and Bylaws it deems desirable to govern the Association and its mem- bers; provided however, any conflict between the Bylaws and the provi- sions of this Declaration shall be controlled by the provisions of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ~.l////~_y THE ENCLAVES ON THE PARKWAY - Page 9 of 17 Pages CDK-ws4 \ 684-03 /02 / 95-03:27 PM ARTICLE FOUR ASSESSMENTS Section 4.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot on the Property, and each owner by acceptance of a deed to a lot, is deemed to covenant and agree to pay to the Association the following: (A) annual assessments or charges, and (B) special assessments, both of which assessments shall be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attor- ney's fees, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of such lot at the time when the assessment came due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 4.2 Annual Assessment. Each lot is hereby subjected to an annual maintenance charge and assessment for the twelve (12) month period beginning on July 1 st of each year and ending on June 30th of the following year, in the amount of Four Hundred Eighty Dollars ($480.00) per twelve (12) month period, for the purpose of creating a fund to be designated and known as the "Maintenance Fund", which maintenance charge and assessment will be paid by the owner or owners of each lot to the Association in advance annually. The first annual assessment shall be due and payable on July 1, 1995. The rate at which each lot will be assessed will be deteimined annually by the Board of Directors of the Association at least thirty (30) days in advance of each annual assess- ment. The maximum annual assessment may be increased each year by an amount equal to not more than Twenty Percent (20%) above the maximum annual assessment which could have been made without a vote of the membership in the case of the previous year. The maximum annual assessment may be increased to an amount in excess of Twenty Percent (20%) of the maximum assessment for the previous year by a vote of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for such purpose at which a quorum is present. The Board of Directors of the Association may f~x the annual assessment at an amount not in excess of the maximum. The assess- ment for each lot shall be uniform. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an Officer of the Association setting forth whether the assessments on a specified lot have been paid. Section 4.3 Purposes. The Association shall use the proceeds of the Maintenance Fund for the current cost and to create a reserve fund to pay for the future cost of the following and shall be responsible for the following: (A) Providing for the continuous and perpetual operation, main- tenance and repair of landscape systems, features and elements, land- scape irrigation systems, screening walls, fences, subdivision entryway features and all other physical facilities and grounds that are to be installed and/or constructed by the Declarant in (i) the areas that are designated as Common Area 1 (Lot C-I), Common Area 2 (Lot C-2), DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR .L/ THE ENCLAVES ON THE PARKWAY - Page 10 of 17 Pages CDK-ws4 \684-03/02/95-03:27 PM Common Area 3 (Lot C-3) on the Plat, (ii) all above-ground improvements in the 20' wide Access and Landscape Easement on the Plat and (iii) the portion of Lot 22 in Block A that is designated to be maintained by the Homeowners' Association on the Plat; and (B) Perform all of the Association's duties and obligations under that certain Development and Maintenance Agreement that will be entered into by and among the Declarant, Parkway/Coppell Property Corporation (the owner of an adjacent tract), the City and the Association. All of the areas that are to be dedicated to and/or maintained by the Association are hereinafter collectively called the "Common Areas". Section 4.4 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any con- struction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including walls, fences, lighting, signs and sprinkler systems, provided that any such assessment shall have the consent of two-thirds (2/3) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast Sixty Percent (60%) of all the votes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 4.5 Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment that is not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of Eighteen Percent (18%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the lot. No owner may waive or otherwise escape liability of the assessment provided for herein by nonuse of any Common Area or abandonment of his lot. No Class A Member may vote on any matter in the event that the Class A Member is delinquent in the payment of any assessment. Section 4.6 Subordinated Lien to Secure Payment. The lien of the assessments provided for herein shall be subordinate to the liens of any valid mortgage or deed of trust. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pur- suant to mortgage or deed of trust foreclosure (whether by exercise of power of sale or otherwise) or any proceeding in lieu thereof, shall extin- guish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability and liens for any assessments thereafter becoming due. Section 4.7 Duration. The foregoing maintenance charge and assessment will remain effective for the full term (and extended term, if applicable) of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR . ~/ THE ENCLAVES ON THE PARKWAY - Page 1 1 of 17 Pages CDK-ws4 \684-03/02/95-03:27 PM Section 4.8 Failure or Refusal to Maintain the Common Areas. In the event that the Association or its Board of Directors shall fail or refuse to maintain the Common Areas to City specifications for an unreasonable time, not to exceed ninety days after written request to do so, the City, by and through a majority of its City Council members, shall have the same right, power and authority as is herein given to the Asso- ciation and its Board of Directors to enforce these covenants and levy assessments necessary to maintain the Common Areas. It is understood that in such event, the City, through its City Council, may elect to exer- cise the rights and powers of the Association or its Board of Directors, to the extent necessary to take any action required and levy any assess- ment that the Association might have, either in the name of the Associa- tion, or otherwise, to cover the cost of maintenance of the Common Areas. ARTICLE FIVE PROPERTY RIGHTS IN COMMON AREAS Section5.1 Association's Rights. The Association and its assigns, contractors and employees shall have the right and easement to enter upon the Common Areas for the purpose of exercising the rights and performing the obligations of the Association that are set forth in this Declaration. The Association shall have the right, power and authority to do any act which is consistent with or required by this Declaration, whether the same be expressed or implied. Section 5.2 Common Area Easements. Every owner shall have a non-exclusive right and easement of enjoyment in and to any Common Area, which right shall be appurtenant to and shall pass with the title to every lot, subject to the right of the Association to dedicate or transfer all or any part of any Common Area to any public agency, authority or utility company for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that no such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the members agreeing to such dedication or transfer has been recorded. Section 5.3 Delegation of Rights. Any owner may delegate, in accordance with the Bylaws of the Association, his right of enjoyment to the Common Areas and facilities to the members of his family or to persons residing on the lot under a lease or contract to purchase from the owner. ARTICLE SIX GENERAL PROVISIONS Section 6.1 Easements. Easements for the installation and maintenance of utilities and drainage facilities are and shall be reserved as shown on the Plat. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the residences. The Declarant reserves the fight to CZ) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR .l/ THE ENCLAVES ON THE PARKWAY - Page 12 of 17 Pages CDK-ws4 \684-03/02/95-03:27 PM make changes in and additions to the above easements for the purpose of most efficiently and economically installing improvements. By accep- tance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass and to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot. Section 6.2 Plat. All dedications, limitations, restrictions and reservations that are or will be shown on the Plat are and shall be deemed to be incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by the Declarant, conveying lots on the Property, whether specifically referred to therein or not. Section 6.3 Lot Maintenance. The owner and occupant of each lot shall, upon occupying a house, establish grass and front sideyards, 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 intervals 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 owner shall permit weeds or grass to grow to a height of greater than six inches (6") upon his property. No foundation planting, shrub or other vegetation near the house shall be allowed to grow above the bottom of any window. Upon failure of any owner to maintain any lot, the Declarant or its agent or the Association may, at its option, have the grass, weeds and vegetation cut as often as necessary in its judgment, and the owner of that lot shall be obligated, when presented with an itemized statement, to reimburse the Declarant 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 lot for the cost of such work or the reimbursement for such work. Section 6.4 Maintenance of Improvements. The owner of each lot 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 por- tions of the improvements to deteriorate in an unattractive manner. Section 6.5 Mortgages. It is expressly provided that the breach of any of the foregoing conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such acquisition of title. Section 6.6 Term. The foregoing covenants, conditions, restric- tions and agreements shall run with and bind the land and shall remain in full force and effect for a term of twenty-five (25) years after this Decla- ration is recorded. They shall be automatically extended for successive periods of ten (10) years unless there is an affirmative vote to terminate the foregoing covenants, conditions, restrictions and agreements by the then owners of Fifty-One Percent (51%) of the lots on the Property and approval by a majority vote of the then members of the City Council of the City. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ~.~// THE ENCLAVES ON THE PARKWAY - Page 13 of 17 Pages CDK-ws4 \684-03/02/95-03:27 PM Section 6.7 Severability. If any covenant, condition, restriction or agreement herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any other covenant, condition, restriction or agreement, each of which shall remain in full force and effect. Section 6.8 Binding Effect. Each of the covenants, conditions, restrictions and agreements herein contained is made for the mutual benefit of, and is binding upon, each and every person acquiring any part of the Property, it being understood that such covenants, conditions, restrictions and agreements are not for the benefit of the owner of any land except land in the Property. This Declaration, when executed, shall be filed of record in the Deed Records of the County so that each and every owner or purchaser of any portion of the Property is on notice of the covenants, conditions, restrictions and agreements herein contained. Section 6.9 Enforcement. The owner of any lot on the Property shall have the easement and right to have each and all of the foregoing covenants, conditions, restrictions and agreements herein faithfully car- ded out and performed with reference to each and every lot on the Property, together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof, it being the intention and purpose of these provisions to attach to each lot on the Property, without reference to when it was sold, the right and easement to have such covenants, conditions, restrictions and agreements strictly complied with, such right to exist with the owner of each lot and to apply to all other lots on the Property whether owned by the Declarant, its suc- cessors and assigns, or others. Failure by any owner, including the Declarant, to enforce any covenant, condition, restriction or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 6.10 Enforcement by the City. In the event that the Association shall fail or refuse to enforce the foregoing covenants, condi- tions, restrictions and agreements 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 the foregoing covenants, conditions, restrictions and agreements on his own behalf by appropriate action, whether in law or in equity, or the City, through its City Council, may enforce the foregoing covenants, conditions, restrictions and agreements to the extent herein set forth. Section 6.11 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. Section 6.12 Other Authorities. If other authorities, such as the City or County, impose more demanding, expensive or restrictive requirements than those that are set forth herein, the requirements of such authorities shall be complied with. Other authorities' imposition of lesser requirements than those that are set forth herein shall not super- sede or diminish the requirements that are set forth herein. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ..~// THE ENCLAVES ON THE PARKWAY - Page 14 of 17 Pages CDK-ws4 \684-03/02 / 95-03:27 PM Section 6.13 Addresses. Any notice 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 or the Association shall be addressed to the address shown below the signature of the Declarant below or to such other address as is specified by the Committee or the Association pursuant to an instrument recorded in the Deed Records of the County. Section 6.14 Association's Election. If at any time the Associa- tion, acting as a result of the affirmative vote of two-thirds (2/3} of the members present and voting at a meeting of the members of the Associa- tion called for such purpose, elects to perform some or all of the Declar- ant's landscaping, maintenance, approval or other rights or functions hereunder, and if such decision is approved by the Declarant, then the Association shall be entitled to all the discretion, authority, easements and rights of the Declarant with respect to the matters as to which the Association elects to assume responsibility. Section 6.15 Amendment. At any time, the owners of the legal title to Sixty-Six Percent (66%) of the lots on the Property (as shown by the Deed Records of the County) may amend the covenants, conditions, restrictions and agreements that are set forth herein by recording an instrument containing such amendment(s), except that, for the ten (10) years following the recording of this Declaration, no such amendment shall be valid or effective without the joinder of the Declarant. Notwith- standing any of the foregoing provisions of this Declaration, the provi- sions in this Declaration with respect to the duty of the Association to maintain the Common Areas, the assessment procedures and all the rights extended to the City with respect to the Common Areas, shall not be revoked or amended without the additional approval of a majority of the then members of the City Council of the City. EXECUTED this /~ ~day of March, 1995. WPC - PARKWAY DEVELOPMENT CORPORATION DECLARANT DAVID R. BLOM PRESIDENT ADDRESS: 3960 BROADWAY SUITE 125 GARLAND, TEXAS 75043 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ENCLAVES ON THE PARKWAY - Page 15 of 17 Pages CDK-ws4 \684-03 / 02 / 95-03:27 PM The undersigned, being a lienholder on the property that is affected by this Declaration of Covenants, Conditions and Restrictions for The Enclaves on the Parkway, joins in the execution hereof for the purpose of consenting to the covenants, conditions, restrictions and agreements herein contained and of subordinating said lien to said covenants, con- ditions, restrictions and agreements on this the/7~'~iay of March, 1995. PLANO BANK & TRUST LIENHOLDER NAME A.E. Goode TITLE Senior Vice President STATE OF TEXAS § COUNTY OF DALLAS § This Declaration of Covenants, Conditions and Restrictions for The Enclaves on the Parkway was acknowledged before me this /~ day of March, 1995, by DAVID R. BLOM, the President of WPC - PARKWAY DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. My Corn~missio. n Expires: -/-;I .qf,,, . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR _,~/ THE ENCLAVES ON THE PARKWAY - Page 16 of 17 Pages CDK-ws4 \684-03 / 02/95-03:27 PM STATE OF TEXAS § 'COUNTY OF DALLAS § This Declaration of Covenants, Conditions and Restrictions for The Enclaves on the Parkway was acknowledged before me on this the 17th day of March, 1995, by A.E. Goode ., the Senior Vice President of PLANO BANK & TRUST, a bank and trust, on behalf of said bank and trust. NOTARY PUBLIC STATE OF TEXAS (Print Name} My Commission ~Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR /~'~ THE ENCLAVES ON THE PARKWAY - Page 17 of 17 Pages CDK-ws4 \684-03 / 02 / 95-03:27 PM EXHIBIT A - LEGAL DESCRIPTION BEING 5.843 acres of land located in the CLARINDA SQUIRES SURVEY, Abstract No. 1327, Dallas County, Texas, and being a portion of the 66.6453 acre tract of land conveyed to ABQ Development Corporation, according to the deed recorded in Volume 88103, Page 2326 of the Deed Records of Dallas County, Texas. Said 5.843 acres of land being more particularly described by metes and bounds, as follows: BEGINNING, at a 1/2" iron rod lying in the South right-of-way line of Parkway Boulevard (an 88 foot right-of-way), said point being on a curve, and lying a chord bearing of S 87 degrees 59 minutes 18 seconds W 92.88 feet from a Y2" iron rod at the Northwest corner of Lot 1, Block 4, PARKVIEW ADDITION to the City of Coppell, recorded in Volume 88081, Page 1944 of the Deed Records of Dallas County, Texas, and the most Northerly Northeast corner of the aforesaid ABQ Development Corporation Tract; THENCE along the West and North line of the mutual drainage easement recorded in Volume 88103, Page 2345 of the Deed Records, Dallas County, Texas, as follows: 1. S 03 degrees 15 minutes 05 seconds E 2.55 feet to a 1/2" iron rod; 2. S 03 degrees 09 minutes 16 seconds W 123.82 feet to a 1/2" iron rod; 3. S 03 degrees 05 minutes 19 seconds W ~ 13.98 feet to a 1/2" iron rod; 4. S 02 degrees 34 minutes 54 seconds W 124.02 feet to a 1/2" iron rod; 5. S 08 degrees 23 minutes 58 seconds E 144.35 feet to a 1/2" ~ron rod; 6. S 05 degrees 56 minutes 38 seconds W 95.82 feet to a iron rod; 7. S 19 degrees 59 minutes 26 seconds W 29.37 feet to a iron rod; 8. S 86 degrees 53 minutes 59 seconds W 47.53 feet to a 1/2" iron rod; 9. S 88 degrees 30 minutes 13 seconds W 130.07 feet to a ~/2" iron rod; 10. S 88 degrees 58 minutes 22 seconds W 124.31 feet to a 1/2" iron rod; 11. S 88 degrees 55 minutes 58 seconds W 102.79 feet to a V2" iron rod; EXHIBIT A - LEGAL DESCRIPTION - Page 1 of 2 Pages CDK-ws3 ~,475-12/04/94-12:51 P,',I THENCE N 00 degrees 53 minutes 53 seconds W 571.14 feet departing the North line of said mutual drainage easement to a V2" iron rod lying in the South right-of-way of the aforesaid Parkway Boulevard; THENCE NORTHEASTERLY 436.96 feet along a curve to the Right, having a radius of 2156.00 feet, a central angle of 11 degrees 36 minutes 44 seconds and a chord bearing of N 80 degrees 56 min- utes 52 seconds E 436.21 feet to THE PLACE OF BEGINNING, con- taining 5.843 acres (254,502 square feet) of land. UPON RECORDATION RETURN TO: CYRIL D. KASMIR, ESQ. KASMIR & KRAGE, L.L.P. 2001 BRYAN TOWER - SUITE 2700 DALLAS, TEXAS 75201-3059 EXHIBIT A - LEGAL DESCRIPTION - Page 2 of 2 Pages CDK-ws3~,475-12/'04/94-12:Si PM 2h~O ~;§OCiG- de~c[ibed reel property becaUSe of color or race I$ Invalid an4 unen~o,ceeble under tede,al law. COUNTY OF DALLAS STATE OF TEXAS hereon by me. COUNTY CLERK, Dallas County, Texas