Fountain Pk P2/PP-CS 980415 FOUNTAIN PARK PHASE II
THE STATE OF TEXAS APR 1 5 [{~ .;!
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COUNTY OF DENTON .[ .., IL>-
These Covenants made as of the day of May, 1998 by, Matthews Investments
Southwest Coppell, LLC.
WITNESSETH:
Whereas, Developer desires to establish the Land as a single-family residential 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 mn 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) "A&mciafion" shall mean FOUNTAIN PARK PHASE II, a Texas non-profit
corporation, sees and possessing the rights, powers, and authority set forth herein and in the
Charter.
Co) "Board of Directors" shall mean the Board of Directors of the Association
named in the Charter and their successors az duly elected and qualified fi.om 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 fi.om time to time.
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(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.
(g) "Covenants" shall mean the covenants, conditions, easements, charges,
servitudes, liens, reservations, and assessments set forth herein.
(h) "Deed" shall mean a deed or other instrument conveying the fee simple title
to a Lot.
(i) "Developer" shall mean Matthews Investments Southwest Coppell, LLC., and
any party to whom it shall expressly assign in writing its rights, powers, privileges, or
prerogatives hereunder.
(j) "First Lien Indebtedness" shall mean any indebtedness secured by a first and
prior lien or encumbrance upon a Lot.
(k) "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.
(1) "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 hereon,
together with all and singular the rights and appurtenances pertaining thereto.
(m) "Lot" or "Lots" shall mean, individually or collectively, those certain lots
designated as Block D, Lots 1-8, in the Fountain Park Phase II Addition, City of Coppell,
Dallas County, Texas.
(n) "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.
(o) "Plat" shall mean that certain Plat depicting Fountain Park Phase II, an
addition to the City of CoppelL Dallas County, Texas, as the same may be amended from time
to time.
(p) "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 parking of automobiles).
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ARTICLE
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 Ill
USE RESTRICTIONS
Section 3.01 All lots within the land are hereby restricted as follows:
(a) All lots shall be used for single-family residential purposes only. No Building
or structure shall be erected, altered, placed, or permitted to remain on any Lot other than a
single-family dwelling and, if any, its customary and usual accessory structure (unless
prohibited herein). No Building or structure intended for or adapted to business purposes
shall be erected, placx~ 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,
indusUy, business, trade, or profession on any Lot. The restrictions on use herein contained
shall be cumulative ot~ and in addition to, such restrictions on usage as may from time to time
be applicable under and pursuant to the statues, rules, regulations, and ordinances of the City
of Coppell, Texas, or any other governmental authority having jurisdiction over any Lot.
Co) No Residence constructed on any lot, shall contain less than 2,500 square feet
of fully enclosed floor area devoted to living purposes measured from exterior wall to exterior
wall. The fully eaclosed 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) Exterior television antenna in the form of a "mini-disk" not exceeding 24" in
diameter is allowed. No other type of 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 Architectural Control Committee, as
hereinafter defined.
(d) No exterior storage of any items of any kind shall be permitted except with
prior written approval and authorization of the Architectural Control Committee. Any such
storage as is approved and authorized shall be in areas attractively screened or concealed
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(subject to all required approvals as to architectural eomrol) from view from neighboring
property, pathways, and streets. This provision shall apply without limitation, to wood piles,
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 Architectural
Control Committee.
(e) No garbage or trash will be placed about the exterior of any Building, except
in receptacles meeting the specifications of the City of Denton, Texas, and the Architectural
Control Committee, and the placement, maintenance, screening, and general appearance of
all such receptacles shall be subject to reasonable rules and regulations of the Architectural
Control Committee. All rubbish, trash, and garbage shall be regularly removed from each Lot
and shall not be allowed to accumulate thereon.
(f) No animals, reptiles, fish, or birds of any kind shall be raised, bred, or kept on
any lot except pursuant to prior written approval of the Architectural Control Committee,
provided, however, that dogs, cats, birds, or fish may be kept therein as household pets, so
long as, in the discretion of the Architectural Control Committee, such pet is not, or does not
become, a nuisance, threat, or otherwise objectionable to other Owners.
(g) No Lot shall be further subdivided and no portion less than all of any such Lot
(including the garage) or any easement or any other interest therein, shall be conveyed by any
Owner.
(h) No Owner shall permit any thing or condition to exist upon any Lot which
shall include, breed, or harbor plant disease or noxious insects.
(i) No machinen], 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 Architectural Control Committee, 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.
(j) 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
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extent, if any, underground placement thereof my be prohibited by law or would prevent the
subject line bom being functional. The foregoing shall not prohibit service pedestals and
above-ground switch cabinets and transformers where required.
(k) 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.
(1) Except with respect to signs and advertisements placed and maintained by
Developer prior to the conveyance by it of all of the Lots, no exterior signs or advertisements
of any type may be placed, allowed, or maintained on any Lot without prior written approval
and authorization of the Architectural Control Committee, 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 ut~ for advertising and sales purposes; (ii) therea~er,
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; and ('fii) mailboxes and
residential nameplates may be placed and maintained in conformity with such common
specification, including without limitations, reasonable restrictions, as to size, as may be
adopted by the Architectural Control Committee prior to being displaced on any Lot.
(m) No repairs of any detached machinery, equipmem, 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
oftbe Architectural Control Committee.
(n) 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.
(o) No portion of the Land may be developed or redeveloped otherwise than in
accordance with its original intended use, without prior written approval and authorization
of the Architectural Control Committee.
(p) No Lot shall be maintained or utilized in such a manner as (in the discretionary
judgement of the Architectural Control Committee) to present an unsightly appearance
(including, but not limited to, clothes drying within public view), 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 to be conducted thereon.
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(q) No Lot shall be maintained or utilized/n such manner as to violate any
applicable statute, ordinance, or regulation of the United States of America, the State of
Texas, the County of Denton, the City of Denton, or any other governmental agency or
subdivision having jurisdiction in the premises.
(r) No Lot shall be maintained or utilized in violation of the Covenants.
(s) Intentionally Deleted.
(t) 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.
(u) All utility lines from each Residence to the common utility line (i.e., water, gas,
sewer, power, etc., utility lines which carry any utility to or sewage from such Residence)
shall be maintained by the Owner of such Residence at his own cost and expense.
(v) Intentionally Deleted.
(w) Front yard or highly visible side yard retaining walls shall be of stone or brick,
and other materials such as railroad ties or boards are not permitted unless specifically
approved by the Architectural Control Committee.
(x) Roofing materials shall be of fire resistant wood shingles, tile, asphalt, or
fiberglass composition (260 lb. or 25 years warranty minimum). Fiberglass composite
shingles shall be used to simulate wood shingle textures. All roofing shall comply with City
of Denton codes.
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 nine (9) members, the exact number to be fixed in accordance with the provisions
of the Bylaws.
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
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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 one (1) more than the total number of votes of the
Class A members combined. However, on the later of (a) December 31, 1999, and (b) the
time that the total number of Lots owned by the Class A members first equals or exceeds
three (3) times the total number of Lots owned by the Class B member, the Class B member
shall at all times thereat~er 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 shag comply with all rules and
regulations as established by the Association from time to time.
Section 4.04 The Association shall have the duty to 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 for such other
purposes as are herein provided for;
Co) The power to keep accounting records with respect to all activities and
operation of the Association, and hire management 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.
Section 4.05 The Assort'on, through the Board of Directors, shall have the right to enforce
the Covenants, except and to the extent that the right to enforce certain provisions herein has been
granted to the Architectural Control Committee, whether expressly or by implication. If the Board
of Directors shall fail or refuse to enforce these Covenants 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 law or in equity.
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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 judgement of the Board of Directors to pay when due
ail 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 twe~h (1/12) of the annual assessment
calculated for each remaining month of the calendar year. This pro rata assessment is due and payable
within thirty (30) days bom the date of purchase. Thereafter, the assessments are annual as per this
section.
Section 5.02 Prior to the co~t 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 shad be
accon~anied by a statement setting ford~ 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 annuai
assessments shall be paid monthly, quarterly, semi-annually, or annually. No further communication
shall be necessmy 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 any Owner from the payment of the annual assessments
comemplated 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 herewith.
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~ 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
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conuningled 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 fight, power, and authority to establish special assessments fi.om time to time as may
be necessary or appropriate in the judgement of the Board of Directors to pay (i) non-recurring
expenses rehfir~ to the proper operation, managemem, and 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 lXtrsuant 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 fi'om 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 fifteen (15) days of the date due shall bear interest at the rate of eighteen percent
(18%) ~ annum, and shall be recoverable by the Assodafion, 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.
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 ereatect, evidencech or perfected, other than the liens
securing the payment of the First Lien Indebtedness and the lien for unpaid taxes, assessment, and
other governmental impositions. Such lien and encumbrance may be enforced by any means available
at law or in equity, including, without limitation, a non-judicial foreclosure sale of the Lot of a
defaulting Owner conducted in accordance with the provisions ofV. 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.
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
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Section 6.01 In the event any Lot (includin8 Building or Residence located thereon) is, in the
judgement of the Architectural Control Committee or of the Association, through 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 Architectural Control Committee or the Association, through the Board of Directors,
may, by resolution, make a finding to that effect specif3ting 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) days period of the time the requisite corrective action allows
for the access, and trespass may be necessary to complete the maintenance. The cost (the
"Maintenance CostH) thereof shall be assessed against the Lot of the offending Owner and shall be
secured by the Maintetmnce Lien as hereinat~er 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 at, er the date of said notice.
Section 6.02 The Board of Directors shall have the right at any time there are unpaid
Maintenance Costs ou~ with respect to a Lot to file with the County Clerk of Dallas County,
Texas, a statement de. scn'oing 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 Maintermsw~ 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
(la) That by accepting any Deed to his Lot, he shall be a~xl remain personally liable
for any and ali 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 Lots 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):
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(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 non-judicial sale in accordance with the provisions of V.T.C.A.
Property Code Section 51.002 and the fight 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: Mike Mollo, Doug Hazelbaker and Suliet Stout. All
matters before the Architectural Control Committee shall be decided by majority vote of its members.
After December 31, 1999, the Association shall assume all of the rights and powers of the
Architectural Control Committee and shall exercise the 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 December 31, 1994, and by the Association if such death, incapacity,
or resignation occurs thereafter.
Section 7.02 No Building, fence, wall, sign, exterior light or other structure or other
apparatus, e/ther permanent or temporary, shall be commenced, erected, placed, or maintained upon
the Land (or any Lot constituting a part thereof), nor shall any remodeling 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 walk-ways, be
made until three (3) copies of the plans and specifications showing the nature, kind, shape, height,
materials, color,, and location, and other 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
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improvements, ffthe Architectural Control Committee fails to approve or disapprove such design
and location within thirty (30) days at~er such plans and specifications have been submitted to k,
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, all 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 surrounding 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, 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 'approvedM 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 ofthe~e Covenants. If the Architectural Control Committee shall
fail or refuse to enforce these Covenants for an unreasonable period of time after written request to
do by an aggrieved Owner, then such aggrieved Owner may enforce these Covenants on his own
behalf by appropriate action.
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 judgement, negligence, or
nonfcasance 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 subm/ts plans or
specifications, and every Owner of any of said property agrees that he will not bring any action of
suite against Developer, the Association, the Architectural Control Committee, the Board, or the
officers, directors, manbers, employees and agents of any of them, to recover any such damages and
hereby releases, remises, and quitclaims all claims, demands, and causes of action arising our of or
in connection with any judgement, 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.
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ARTICLE VHI
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
deh-hnental or injurious to other Lots or improvements on the Land. Determination of such a finding
shall lie with the Architectural Control Committee.
ARTICLE IX
LAND SUBJECT TO THIS DECLARATION
Section 9.01 All of the Property and any fight, title, or interest therein shall be owned, held,
leased, sold and/or conveyed by Developer, and any subsequent owner of aH or part thereof, subject
to these Covenants and the covenants, restrictions, charges, and liens set forth herein.
ARTICLE X
MISCELLANEOUS
Section 10.01 These Covenants may be revoked or amended in the following manner:
(a) Until December 31, 1999, the Architectural Control Committee, 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 or a majority of the
Architectural Control Committee and a majority of the Owners duly acknowledged and
recorded in the records of the Office of the County Clerk of Dallas County, Texas.
Co) On or after January 1, 2000, seventy-five percent (75%) of the Owners may
from time to time revoke or amend these Covenants for any purpose by instrument bearing
the signatures of seventy-five percent (75%) 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,
2010. From and aider said date, these Covenants, as amended, shall be automatically extended for
suc, c,e~ve 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.
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Section 10.03 If any provisions ofthe~ Covenants shall be held invalid or unenforceable, the
same shall not affect the validity or enforceability of any of the other provisions thereof.
Section 10.04 Whenever notices are required to be sent hereunder, the same shall be sent to
the Owner who is the inIended recipient, by certified or registered mail, return receipt requested and
postage prepaid, at the address of such Own~s Lot and further provided 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 address 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 10.05 Whenever the context 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.
Section 10.06 All captions, titles, or headings of the Articles or Sections in these Covenants
are for the lXUPose of reference and convenience only, and are not to he deemed to limit, modify, or
otherwise affect any other provisions hereon, or to be used in determining the intent or context
hereof.
Section 10.07 If any interest purported to be created by these Covenants is challenged under
the Rule Agai~ Perpetuities or any related rule, by interest shall be construed as becoming void and
of no effect as the end of the applicable period of perpetuities computed from the date when the
period of perpetuities starts to mn 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.
EXECUTED on the date first above written.
DEVELOPER:
MATTHEWS INVESTMENTS SOUTHWEST COPPELL, LLC.
By:
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THE STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared , known to me to be a Partner
of CARMEN & STREET, a Texas general partnership, and acknowledged to me that he executed
the same as the act and deed of said partnership, for the purposes and consideration therein
expressed, and in his capacity as a Partner of said general partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~ day of July, 1992.
Notary Public, State of Texas
(Typed/Printed Name of Notary)
My Commission Expires:
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