Nlake 635(9)/FP-CS 850717NORTHLAKE 635 BUSINESS PA~K
THE STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESe- PRE~,~,~.~"
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS ("Declaration"), is made this /~7~ day of ~-~ ,
A.D., 1985 by BELTWOOD NORTH VENTURE, a Texas joint v~nture
("Declarant"), acting by and through CONNELL DEVELOPMENT CO., A
Nevada corporation ("CDC") as its Manager, having its principal
place of business in the City of Dallas, Dallas County, Texas,
and joined by T. FRANKLIN SCHNEIDER, III, of Dallas County,
Texas ("Schneider").
RECITALS
Declarant and Schneider constitute all the owners of that
certain tract of land lying and being situated in the City of
Coppell, Dallas County, Texas, and more particularly described on
Exhibit "A" attached hereto and made a part hereof for all pur-
poses (the "Initial Property").
Declarant and Schneider desire to subject the Initial
~roperty, together with such additions as may hereafter be made
thereto pursuant to Article'VII hereof to the covenants, con-
ditions, restrictions and easements hereinafter set forth, each
and all of which is for the benefit of all of such Property and
each current and subsequent owner thereof.
NOW, THEREFORE, Declarant and Schneider declare that the
Initial Property, and such additions thereto as may hereafter be
made pursuant to Article VII hereof, is and shall be held,
occupied, improved, sold, conveyed and transferred subject to the
covenants, conditions, restrictions and easements ~sometimes
collectively referred to as the "Covenants and Restrictions")
hereinafter set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any
supplemental declaration (unless the context shall prohibit)
shall have the following meanings:
NORTHLAKE 635 DELCARATION
Page 1 of 23
1.61 "Association" shall mean and refer to the Northlake 635
Business Park Property Owners Association.
1.02 "Board" shall mean and refer to the Architectural
Control Board established in Article V hereof.
1.03 'Declarant" shall mean and refer to Beltwood North
Venture and any successor in title or assignee thereof, who shall
receive by assignment from Beltwood North Venture all or a por-
tion of its right hereunder as such Declarant, by an instrument
expressly assigning such rights as Declarant to such assignee.
Schneider joins Declarant in the execution hereof but is not, and
has no rights or duties as, Declarant.
1.04 "Property" shall mean and refer to those certain tracts
of land hereinbefore described as the Initial Property and such
additions thereto as may hereafter become subject to this
Declaration pursuant to Article VII hereof.
1.05 "Lot" shall mean and refer to any single plot or tract
of land within the bounds of the Property (i) which has been
designated as such by Declarant in a document prepared for filing
of record (whether or not same shall have been filed of record)
and/or (ii) owned by a single entity or in common or jointly by a
group of entities.
1.06 "Owner" shall mean and refer to the record owner(s) of
the fee simple title to any Lot, but excluding those having such
interests merely as security for the performance of an obliga-
tion.
1.07 'Improvements" shall mean and refer to all things placed
or erected on, in, over, or under or affixed to the Property or
any portion thereof, including specifically, without limitation,
buildings, structures, hedges, lawns, driveways, parking areas,
loading areas, trackage, fences, walls, mass plantings, plants,
ponds, lakes, swimming pools, tennis courts, signs, exterior
illumination or lighting, berms, boulders, landscaping,
incinerators, built-in trash disposal units, fountains, aerials,
pools, flag poles, and other poles.
1.08 "Building" shall mean and refer to enclosures, walls and
other such above grade structures created, erected or placed on
the land or any portion thereof for principal use as office
space, warehouse, dwelling, hotel, retail manufacturing or other
use; including, without limitation, Parking Structures.
1.09 "Parkinq Structure" shall mean and refer to any Parking
Facility other than a Parking Lot.
NORTHLAKE 635 DELCARATION Page 2 of 23
1.10 "Parking Lot" shall mean and refer to any on grade
Parking Facility, i.e., a facility consisting only of hard sur-
face paving such as asphalt or concrete with no improvements
other than wheel stops, curbs, landscaping and lighting extending
above ground level.
1.11 "Parking Facilities" shall mean and refer to all
improvements placed, erected or created and maintained on any
portion of the Property for the purpose of parking vehicles of
any kind, whether or not self propelled.
1.12 "Common Property" shall mean and refer to all tracts of
land within the Property and (i) now or hereafter granted to the
Association to be held as common property, (ii) designated as
common property in Exhibit "A" hereto, or (iii) designated as
common property by Declarant in a document prepared for filing of
record (whether or not same shall have been filed of record).
1.13 "Value" of a Lot or other portion of the Property shall
mean and refer to the value of such Lot or portion of the
Property, together with all improvements thereon, as assessed by
the applicable Appraisal District, for ad valorem tax purposes
for the most recent year. In the event that such Lot or other
portions of the Property shall have been assessed for the
most recent year as a part of a larger tract, then the Value of
same for purposes hereof shall be deemed to be equal to (i) the
value of such larger tract as assessed by the applicable
Appraisal District for ad valorem tax purposes for the most
recent year (ii) divided by the gross area of such larger tract
in square feet, (iii) multiplied by the gross area of such Lot or
part thereof, other portion of the Property in square feet.
1.14 "Conversion Date" shall mean and refer to the date of
the earlier to occur of (i) the moment that record title to
twenty percent (20%) or less of the overall square footage of
land within the boundaries of the Property, exclusive of all
Common Property and portions of the Property owned by or
otherwise dedicated to any state, city or county, or any
political subdivision or unit of government of same, shall be
held by Declarant, or (ii) December 31, 1995.
ARTICLE II
USE OF LOTS AND THE PROPERTY - PROTECTIVE COVENANTS
2.01
Use of Property.
(a) Permitted Uses. No portion of the Property
shall be used for any purpose other than office, office
showroom, or office warehouse, as such uses are now
NORTHLAKE 635 DELCARATION Page 3 of 23
defined/permitted under the applicable ~oning ordinances
or regulations of the City of Coppell for property zoned
as "light industrial" (LI), without the express written
consent of the Board. At such time as the Board shall
have given such full and final written consent such con-
sent shall not be revoked by the Board. Such consent
shall be on a Lot by Lot, Property Owner by Property
Owner basis and consent to one (1) Property Owner
regarding one (1) Lot shall never have the effect of
permitting any other Property Owner to engage in the use
so consented to on any other Lot.
(b) Prohibited Uses. In addition to the use
limitation specified above, no Lot or part thereof shall
be used either temporarily or permanently for any
purpose or business which:
(i) increases the fire hazard to adjoining
properties,
(ii) is dangerous, constitutes a nuisance, or
causes the emission of dust, vapors, odor, gases,
smoke, fumes, radio or radar beams or radiation or
light or noise or vibrations which is or may be
injurious or unreasonably offensive to persons
working on, or products manufactured or stored on,
adjoining properties;
(iii) involves the raising, breeding or keeping of
any animals on any portion of the Property;
(iv) utilizes such lot as' a dumping ground for
rubbish, trash, or garbage; or
(v) is in violation of the laws or ordinances of
the United States, the State of Texas, the City of
Coppell, or any other governmental agency having
jurisdiction to regulate the use of the Property.
2.02 Buildinq Materials. Each Building constructed or placed
upon any Lot shall have exterior walls of:
(a) ninety-five percent (95%) face brick or exposed
aggregate concrete (exclusive of exterior glass
surfaces); or
(b) one hundred percent (100%) window walls; or
(c) such other materials as may, on a case by case
basis, be approved by the Board;
NORTHLAKE 635 DELCARATION Page 4 of 23
PROVIDED, HOWEVER, that no Building or other structure which has
sheet aluminum, sheet iron, or sheet steel, corrugated aluminum,
iron or steel and/or asbestos exterior building materials shall
be constructed or placed upon any Lot. In all cases, exterior
finishes must be approved in advance and 'in writing, by the
Board, as provided in Article V hereof.
2.03 Exterior Illumination. Illumination will be required
on all exterior walls facing streets or proposed streets and for
all parking areas and walkways between Buildings and parking
areas, unless otherwise waived or modified by the Board in
writing. Such illumination must conform to plans approved in
writing by the Board pursuant to Article V hereof.
2.04 Setback Restrictions.
(a) Generally. No Improvement shall be constructed or
placed on any Lot that would violate the applicable City zoning
ordinances. Except as provided in 2.04(b) below~ in no event
shall any Building or other structure be constructed or placed on
any Lot less than
(i) thirty (30) feet from the right-of-way line of
any of the following streets:
Lakeshore,
Crestside, and
Cowboy Drive;
(ii) fifty (50) feet from the right-of-way line of
Belt Line Road; or
(iii) five (5) feet from any side or rear property
line that is not also a street right-of-way line.
(b) Parking Lots.
Board shall have been
constructed less than
Unless the prior written consent of the
obtained, no Parking Lot shall be
(i) ten (10) feet from the right-of-way line of
any of the following streets:
La~eshore,
Crestside, and
Cowboy Drive; and
(ii) thirty (30) feet from the right-of-way line of
Belt Line Road.
NORTHLAKE 635 DELCARATION Page 5 of 23
2.05
Signs.
(a) Ail Signs Require Prior Consent. No 'sign of any
kind or character whatsoever shall be installed and/or
displayed so as to be exposed to public view on or from
any part of the Property without prior written approval
of the Board.
(b) Exception for Certain Temporary Signs. Notwith-
standing the foregoing, signs temporarily used by
Declarant or any Owner in the development or leasing of
any Lot or improvement situated thereon, may be
installed without prior approval of the Board; however,
said temporary signs shall be limited to one (1) per Lot
and must be placed behind the setback line(s) provided
for in Section 2.04. Temporary signs shall not exceed
thirty (30) square feet in total area and shall conform
to the sign standards below.
(c) Sign Standards. Normally, the Board shall approve
only those signs conforming to the following standards:
(i) all signs shall identify the occupant by his,
her or its name and business, or offer premises for
sale or lease, or serve directional or traffic
control purposes;
(ii) all signs shall be of such size and shape as
shall be established by the Board, and
direction/traffic-control signs shall be uniform
throughout the Property;
(iii) no business signs shall be permitted to pro-
ject above the roof line of the adjacent building
or to extend beyond any setback line; provided,
however, that monument signs with a height of
eighteen (18) inches or less may be permitted to
within ten (10) feet from a public street right-of-
way line;
(iv) no flashing or moving signs shall be
permitted;
(v) all signs shall be kept in a neat, orderly and
well-cared-for condition at all times.
(d) Additional Standards. The Board shall prescribe
additional standards for all signs within the Property
in order to preserve a uniform and pleasant atmosphere
within the Property.
.NORTHLAKE 635 DELCARATION Page 6 of 23
(e) Enforcement. The Association shall have authority
to remove or cause to be removed, any and all signs
installed without prior written consent from the Board
(except for temporary signs conforming to the provisions
of subsection 2.05 (b) above). The cost of any such
removal, plus a reasonable amount to defray the overhead
expenses of the Association shall be paid by the Owner
of the Lot upon which such sign shall have been
installed. If such Owner shall fail to reimburse the
Association within thirty (30) days after reciept of a
statement for same from the Association, then same shall
be a joint and several debt of all Owners of, and shall
constitute a lien against all of, such Lot or other
portion of the Property upon which said removal shall
have been performed. Such lien shall have the same
attributes as the lien for assessments and special
assessments set forth in Subsection 4.03(j) hereof,
which provisions are incorporated herein by reference,
and the Association shall have identical powers and
rights in all respects, including but not limited to,
the right of foreclosure.
2.06 Waste. All trash receptacles shall meet the require-
ments set forth in Section 2.08 hereof. Waste of any nature
shall not be kept on any Lot except in covered sanitary con-
tainers or trash receptacles. The Association shall have the
power and authority to have removed, at the Owner's expense, any
and all wastes, rubbish, and/or trash kept on any Lot not pro-
perly stored in covered sanitary containers or trash receptacles.
2.07 Storage of Materials. No articles, goods, materials,
refuse, refuse receptacles, incinerators, storage tanks, or any
other property items (except for properly screened trash
receptacles) shall be stored within the Property except within
the interiors of buildings.
2.08 Screening.
(a) Generally. Storage areas, incinerators, storage
tanks, trucks based on the premises, roof objects
(including fans, vents, cooling towers, skylights and
all roof mounted equipment which rises above the roof
line), trash containers and maintenance facilities,
shall be completely screened from public view in such
manner, with such materials and at such location as
shall be approved in writing by the Board. Such
screening will normally include landscaping or permanent
fences of solid materials and be located as far from Lot
lines as reasonably possible.
NORTHLAKE 635 DELCARATION Page 7 of 23
(b) Antennas. No antenna, satelliu dish or tower
shall be erected on any Lot or Improvements for any pur-
pose without prior written approval from the Board.
Generally, the Board shall grant its approval if such
antenna, satellite dish or tower is completely screened
on all sides.
2.09 Loading Docks. No loading door(s) or dock(s) on any
Lot shall be constructed facing any streets that are contiguous
to such Lot and within or adjacent to the Property. All loading
areas shall be designed for reasonably adequate maneuvering of
truc~s on the Lot based on the si.ze and intended use of the
building planned for construction on such Lot.
2.10 Safe Condition - Compliance with Regulations. Each
Owner of a Lot shall at all times keep such Lot in a safe, clean
and wholesome condition and comply in all respects with all
government, health, fire and police requirements and regulations;
and such Owner shall remove, at his, her or its own expense, any
rubbish of any character whatsoever which may accumulate on such
Lot. This includes the maintenance of all grassed and landscaped
areas, keeping same cut, trimmed, pruned and swept. In the event
any Owner shall fail to comply with any or all of the terms of
this covenant and such failure shall continue for a period of ten
(10) days after the Board or the Association shall deliver notice
of same to such Owner, then the Association and its agents shall
have the right, privilege and license to enter upon such premises
without liability for any manner of trespass and make any and all
corrections or improvements that may be necessary to meet the
terms of this covenant and to charge such Owner the expenses
incurred in doing so, including all damages, costs, court costs,
and attorneys' fees which the Association may incur in connection
therewith. If such Owner shall fail to reimburse the Association
within thirty (30) days after reciept of a statement for same
from the Association, then same shall be a joint and several debt
of all Owners of, and shall constitute a lien against all of,
such Lot or other portion of the Property upon which said removal
shall have been performed. Such lien shall have the same attri-
butes as the lien for assessments and special assessments set
forth in Subsection 4.03(j) hereof, which provisions are incor-
porated herein by reference, and the Association shall have iden-
tical powers and rights in all respects, including but not
limited to, the right of foreclosure.
2.11 Parking Facilities. No Owner of any Lot shall, nor shall
such Owner permit his, her or its employees, tenants, customers
or invitees, or the employees, customers, and invitees of his or
its tenants, to park on public streets within the Property, and
NORTHLAKE 635 DELCARATION Page 8 of 23
it shall be the responsibility of each Owner, his, her or its
successors or assigns, or other persons holding under them to
provide adequate off-street parking facilities for employees,
tenants, customers and invitees on his, her or its Lot as
follows:
(a) a number of parking spaces for passenger cars shall
be provided for as required for the intended use of such
Lot by the applicable City of Coppell Ordinance; and
(b) Parking Lots must be paved with all-weather hard
surfaces (asphalt or concrete).
2.12 Curb Cuts. Curb cuts shall be no wider than
thirty-five (35) feet or that allowed by the applicable City of
Coppell Ordinance, whichever shall be smaller.
2.13 LandscaDing.
(a) Unimproved Property. Prior to the completion of
Improvements on any Lot, and including specifically,
without limitation, all times during which Improvements
shall be under construction, the Owner of such
unimproved Lot shall keep all portions of same visible
from any public street (excluding alleys and service
drives) together with any unpaved portion of a street
right-of-way contiguous thereto (collectively, the
"front yard areas") clean and free of debris and mowed
so that at no time shall the grass cover on such Lot, if
any, exceed a height of ten (10) inches. In addition
all such unimproved Lots shall be kept graded suf-
ficiently smooth so as to allow such debris removal and
mowing and facilitate adequate surface drainage.
(b) Improved Property. Contemporaneously with the
completion of Improvements on any Lot, the Owner of such
Lot shall landscape all unimproved unpaved front yard
areas on such Lot. Such landscaping shall be effected
in such manner as shall have been approved by the Board,
which approval shall not be unreasonably withheld. The
complete landscape plan shall be submitted for the
Board's written approval at the same time that plans and
specifications shall be submitted. No landscaping shall
be implemented unless and until same shall be approved
by the Board. The Board shall generally approve
landscaping designed in accordance with the following
standards:
(i) Ail front yard areas not within the bounds of
any enclosure or not improved with hard surface
NORTHLAKE 635 DELCARATION Page 9 of 23
paving shall be improved with underground automatic
irrigation systems.
(ii) Ail front yard areas shall contain a minimum
of one (1) hardwood tree for each forty (40) feet
of street right-of-way frontage. All such trees
shall be at least three (3) inches in trun~
diameter, measured at the narrowest point on the
trunk between ground level and the point thirty
(30) inches above ground level when planted. The
Owner of each Lot shall take good care of and
maintain the yard and other grounds on such Lot.
(iii) Hedge and shrub which obstructs sight lines
at elevations between two (2) and six (6) feet
above the roadway shall neither be placed nor
permitted to remain on any corner Lot within the
triangular area formed by the street right-of-way
lines and a line connecting them at points twenty
(20) feet from the intersection of the street
right-of-way lines, or, in the case of a rounded
property corner, twenty (20) feet from the point at
which the street property lines, if extended, wou3~
intersect. The same sight line limitations shall
apply to any Lot within ten (10) feet of the
intersection of a driveway with a public street.
No tree shall be permitted to remain within such
distances of such intersections unless the foliage
line is maintained at a height of at least six (6)
feet.
ARTICLE III
MAINTENANCE
3.01 Duty of Maintenance. Owners and occupants (including
lessees and sublessess) of any Lot or part thereof shall, with
respect to such Lot, jointly and severally have the duty and
responsibility, at their sole cost and expense, to keep all of
such Lot so owned or occupied, including buildings, improvements,
landscaping and grounds in connection therewith, in a
well-maintained, safe, clean and attractive condition at all
times. Such maintenance .includes but is not limited to the
following:
(a) prompt removal of all litter, trash, refuse, and
wastes;
(b) lawn mowing;
NORTHLAKE 635 DELCARATION Page 10 of 23
(c) trek and shrub pruning;
(d) watering;
(e) keeping exterior lighting and mechanical facilities
in working order;
(f) keeping lawn and garden areas alive, attractive and
free of weeds, disease and pests;
(g) keeping parking areas, driveways, and roads in good
repair;
(h) complying with all government health and police
requirements;
(i) striping and restriping of par~ing areas and
painting and repainting of improvements; and
(j) repair of exterior damages to improvements.
3.02 Enforcement. If the Association shall have concluded
that any such Lot Owner or occupant (including lessees and
sublessees) shall have failed in any of the foregoing duties or
responsibilities, then the Association may give such person
written notice of such failure and such person or occupant must
within ten (10) days after receiving such notice, perform the
care and maintenance specified in such notice. Should any such
Owner or occupant fail to so perform within such period, then the
Association~ through its authorized agent or agents, shall have
the right and power to enter onto such Lot and perform such care
and maintenance without any liability for damages for wrongful
entry, trespass or otherwise to any Owner or occupant. Every
such Owner and occupant of any such Lot on which such maintenance
work shall have been performed shall jointly and severally be
liable for the cost of such work plus a reasonable overhead
premium and shall promptly reimburse the Association for such
cost plus a reasonable overhead premium. If such 0wner~ or
occupant shall fail to reimburse the Association within thirty
(30) days after receipt of a statement for such work from the
Association, then said indebtedness shall be a joint and several
debt of all Owners of, and shall constitute a lien against all
of, such Lot or other portion of the Property upon which said
work shall have been performed. Such lien shall have the same
attributes as the lien for assessments and special assessments
set forth in Subsection 4.03(j) hereof, which provisions are
incorporated herein by reference, and the Association shall have
identical powers and rights in all respects, including but not
limited to the right of foreclosure.
NORTHLAKE 635 DELCARATION Page 11 of 23
ARTICLE XV
PROPERTY OWNERS' ASSOCIATION
4.01 Membership. Each and every person or legal entity who
shall own any Lot, tract, or parcel of land in the Property,
shall automatically be a member of the Association, PROVIDED,
that any person or entity who holds such an interest merely as
security for the performance of any obligation shall not be a
member.
4.02 Classes of Voting Members.
two classes of voting membership:
The Association shall have
(a) Class A. Class A members shall be all those mem-
bers described in Section 4.01 hereof with the exception
of Declarant. Class A members shall be entitled to one
(1) vote for each One Hundred Dollars ($100.00), or
major fraction thereof, of Value of that portion of the
Property owned by each such member, exclusive of Common
Property. When two (2) or more persons or entities hold
undivided interests in any part of the Property, all
such persons or entities shall be Class~A members, and
the vote for such part of the Property shall be exer-
cised as they, among themselves, determine, but in no
event shall more than one (1) vote be cast with respect
to each One Hundred Dollars ($100.00), or major fraction
thereof, of Value of the part of the Property in which
such members own undivided interests.
(b) Class B. The Class B member shall be Declarant.
The Class B member shall be entitled to ten (10) votes
for each One Hundred Dollars ($100.00), or major frac-
tion thereof, of Value of that portion of the Property
owned by it; PROVIDED, HOWEVER, that from and after the
Conversion Date, the Class B member shall be entitled to
only one (1) vote for each One Hundred Dollars
($100.00), or major fraction thereof, of Value of that
portion of the Property owned by it.
(c) Assignment of Voting Rights. Voting rights may be
assigned, in whole or in part, as such rights relate to a
particular tract of land, to a lessee holding a ground
lease on such particular tract of land, PROVIDED that the
primary term of such ground lease is for a period of not
less than forty (40) years.
4.03. Assessments.
(a) Covenants for Assessments. Each 0f Declarant and
Schneider, for each Lot, tract or parcel of land owned
NORTHLAKE 635 DELCARATION Page 12 of 23
by it within the Property, hereby covenants, and each
purchaser of any such Lot, tract or parcel of land by
acceptance of a deed therefor, whether or not it shall
be so expressed in any such deed or other conveyance,
shall be deemed to covenant to pay to the Association:
(i) annual assessments or charges (as specified in
subsection 4.03(c) hereof);
(ii) special assessments for capital improvements
(as specified in subsection 4.03(d) hereof);
all of such assessments to be fixed, established, and collected
from time to time as hereinafter provided.
(b) Purpose of Assessments. The assessments levied by
the Association shall be used exclusively for the purpose
of promoting the comfort, health, safety, and welfare of
the Owners of the Property, or any part thereof, and for
carrying out the purposes of the Association as stated in
its Articles of Incorporation.
(c) Annual Assessment. Each Owner of any part of the
Property shall pay to the Association an annual
assessment of Seventeen and One-Tenth Cents ($0.171) per
One Hundred Dollars ($100.00) of Value of that portion
of the Property so owned. At any time after the year in
which the first annual assessment is due, the rate of
annual assessment may be increased or decreased by vote
of the membership of the Association, as provided in
subsection 4.03(e) hereof. The board of directors of
the Association may, after consideration of current
maintenance costs and future needs of the Association,
fix the actual assessment for any year at a lesser
amount. The Association may not accumulate a surplus at
the end of any year which is more than two (2) times the
maximum permissible annual assessment for that year.
Should such excess surplus exist at the end of an~ year,
the board of directors of the Association shall reduce
the next total annual assessment by an amount at least
equal to said excess surplus.
(d) Special Assessments. In addition to the annual
assessments authorized by subsection 4.03(c) hereof, the
Association may, by vote of its members as set out in
subsection 4.03(f) hereof, levy in any assessment year
or years after the year in which the first annual
assessment is due, a special assessment for the purpose
of defraying, in whole or in part, the cost of any
NORTHLAKE 635 DELCARATION Page 13 of 23
construction or reconstruction, unexpected repair or
replacement of an Improvement to any Common Property
including the necessary fixtures and personal .property
related thereto, or for carrying out other purposes of
the Association as stated in its Articles of
Incorporation.
(e) Vote Required for Increase in Rate of Annual
Assessments. The increase in the rate of the annual
assessment as authorized by subsection 4.03(c) hereof
must be approved by a majority of the total eligible
votes of the membership of the Association as defined in
Section 4.02 hereof, voting in person or by proxy, at a
meeting duly called for such purpose, written notice of
which shall have been given to all members at least
thirty (30) days in advance and shall have set forth the
purpose of the meeting.
(f) Vote Required for Special Assessment. The special
assessment authorized by subsection 4.03(d) hereof must
be approved by a majority of the total eligible votes of
the membership of the Association as defined in Section
4.02 hereof, voting in person or by proxy, at a meeting
duly called for such purpose, written notice of which
shall have been given to all members at least thirty (30)
days in advance and shall have set forth the purpose of
the meeting.
(g) Commencement Date of Annual Assessment. The first
annual assessment provided for herein shall-commence
with the year 1985 and shall continue thereafter from
year to year. Said first annual asesssment shall be pro
rated and shall be equal to (i) the amount specified in
subsection 4.03(c) hereof, (ii) divided by the number of
days in the year of such first annual assessment, (iii)
multiplied by the number of days from the date this
Declaration'shall be duly filed in the appropriate real
property records until the end of such year.
(h) Due Date of Assessments. The first annual
assessment shall become due and payable on December 31,
1985, and shall be considered delinquent if not paid
January 31, 1986. The assessments for any year after
1985 shall become due and payable on December 31 of such
year and delinquent if not paid by January 31 of the
succeeding year. The due date and delinquent date of
any special assessment under subsection 4.03(d) hereof
shall be fixed in the resolution authorizing such
assessment.
NORTHLAKE 635 DELCARATION Page 14 of 23
(i) Owner's Personal Obliqation _ur Payment of
Assessments. The annual and special assessments pro-
vided for herein shall be the personal, corporate, or
partnership debt of the Owner of the Property covered by
such assessments. No Owner shall be exempt from liabi-
lity for such assessmen-~s. In the event of default in
the payment of any such assessment, the Owner of the
property shall be obligated to pay interest at the
highest rate permissible by law on the amount of the
assessment from the due date thereof, together with all
costs and expenses, including reasonable attorneys'
fees, incurred in connection with the collection
thereof.
(j) Assessment Lien and Foreclosure. Ail sums assessed
in the manner provided in this Section 4.03 but unpaid,
shall, together with interest as provided in subsection
4.03(i) hereof and the cost of collection, including
reasonable attorneys' fees as hereinafter provided,
thereupon become a continuing lien and charge on the
property covered by such assessment, which shall bind
such property in the hands of the Owner, and his heirs,
devisees, personal representatives, and assigns. The
aforesaid lien shall be superior to all other liens and
charges against the said property, except only for tax
liens and all sums unpaid on a first mortgage lien or
first deed of trust lien of record, securing in either
instance sums borrowed for the acquisition and/or impro-
vement of the property in question. The Association
shall have the power and authority to subordinate the
aforesaid assessment lien to any other lien. Such power
shall be entirely discretionary with the Association.
To evidence the aforesaid assessment lien, the
Association shall prepare a written notice of assessment
lien setting forth the amount of the unpaid indebted-
ness, the name of the Owner of the property covered by
such lien and a description of such property. Such
notice shall be signed by one of the officers of the
Association and shall be recorded in the office of the
County' Clerk of Dallas County, Texas. Such lien for
payment of assessments shall attach with the priority
above set forth from the date that such payment becomes
delinquent as set forth in subsection 4.03(h) above and
may be enforced by the foreclosure of the defaulting
Owner's property by the Association in like manner as a
deed of trust lien on real property subsequent to the
recording of a notice of assessment lien as provided
NORTHLAKE 635 DELCARATION Page 15 of 23
above, or the Associatio~ may institute .uit against the
Owner obligated to p.~y the assessment and/or for
foreclosure of the aforesaid lien judicially. In any
foreclosure proceeding, whether judicial or not judi-
cial, the Owner shall be required to pay the costs,
expenses, and reasonable attorneys' fees incurred. The
Association shall have the power to bid on such property
at foreclosure or other legal sale and to acquire, hold,
lease, mortgage, convey or otherwise deal with the same.
Upon the written request of any mortgagee holding a
prior lien on any part of the property, the Association
shall report to said mortgagee any unpaid assessments
remaining uapaid for longer than thirty (30) days after
the same are due.
(k) Common Property Exempt. Ail Common Property as
defined in Section 1.12 hereof, and any common property
of any other association designated on any recorded plat
filed by Declarant, and all portions of the Property
owned by or otherwise dedicated to any state, city or
county, or any political subdivision or unit of govern-
ment of same, shall be exempted from the assessments and
lien created herein.
ARTICLE V
ARCHITECTURAL CONTROL BOARD
5.01 The Board. There is hereby created an Architectural
Control Board (the "Board") to provide for architectural control
and design for the Property and to have and exercise the other
powers granted to it hereunder, said Board to be composed of three
(3) members, each of whom shall be individuals.
5.02 Appointment or Election of Board. The members of the
Board shall be appointed, elected and/or removed as follows:
(a) Until the Conversion Date Declarant shall have the
exclusive power and right to appoint and remove the mem-
bers of the Board and to fill vacancies thereon.
(b) Thereafter, such authority shall vest in the
Association.
5.03 Function and Powers of Board. No Improvement shall be
erected, constructed, placed or altered on any portion of the
Property until plans and specifications in such form and detail as
the Board may reasonable deem necessary, shall have been sub-
mitted to and approved in writing by the Board. The decision of
any two (2) members of the Board, acting singly or in meeting
NORTHLAKE 635 DELCARATION Page 16 of 23
a'ssembled, shall be final, conclusive and binding upon the appli-
cant and the Board.
5.04 Content of Plans and Specifications. Prior to the
construction of any Improvements, two (2) sets of plans and
specifications shall be submitted to the Board, c/o Connell
Development Co., P. O. Box 201069, Dallas, Texas 75220, or to
such other address as may be specified from time to time by the
Board and, unless waived in advance and in writing by the Board,
shall include the following:
(a) A topographical plat showing contour grades (with
one-foot contour intervals) and showing the location of
all Improvements, Buildings, Structures, walks, patios,
driveways, fences and walls. Existing and finished
grades shall be shown at Lot corners and at corners of
proposed Improvements. Lot drainage provisions shall be
included as well as cut and fill details, if any change
in the Lot contours is contemplated.
(b) Exterior elevations.
(c) Exterior materials, colors, textures and shapes,
including color and reflective intensity of exterior
glass surfaces.
(d) Structural design.
(e) Landscaping plan, including walkways, fences and
Walls, elevation changes, watering systems, trees, shrubs
and other vegetation and ground cover.
(f) Parking area and driveway plan.
(g) Screening, including size, location, materials and
method.
(h) Utility connections, including routing of electrical
and telephone cables.
(i) Exterior illumination,
facturer's fixture number
test data.
including location, manu-
and supporting photometric
(j) Fire protection system.
(~) Signs, including size, shape, color, materials and
location.
(1) Trash container storage locations and related
screening.
NORTHLAKE 635 DELCARATION Page 17 of 23
~.
(m) Proposed use of such Lot and such other matters as
may be required by the then applicable zoning code of
the City of Coppell and/or the Board.
(n) The location, screening and configuration of anten-
nas, satellite dishes and any towers therefor.
5.05 ADDroval Criteria for the Board. Approval of plans and
specifications shall be based, among other things, on conformity
to the covenants and restrictions set forth herein and the
specific and general intent thereof, as determined by the Board;
general adequacy of site dimensions, structural design, harmony
of exterior design and of location with the neighboring
structures and sites; relation of finished grades and elevations
to neighboring sites; and compliance with applicable governmental
requirements.
5.06 Limitation of Liability. The Board shall not be liable in
damages or otherwise to anyone submitting plans and specifications
for approval or to any Owner by reason of mistake of judgment,
negligence or nonfeasance arising out of or in connection with
the approval or disapproval or failure to approve or disapprove
any plans or specifications.
ARTICLE VI
EASEMENTS
Easements for installation, maintenance, repair and removal of
utilities, drainage facilities and floodway easements are reserved
by Declarant as shown on the plat of the Property, recorded in
Volume 85056, Page 3365 of the Map Records of Dallas County,
Texas. So long as Declarant shall own any part of the Property,
full rights of ingress and egress shall be had by Declarant over
the Property for the installation, operation, maintenance, repair
or removal of any such facility or utility together with the
right to remove any building, structure or object that may be
placed in such easement which shall interfere with the installa-
tion, use, maintenance, repair, operation, or removal thereof.
ARTICLE VII
ADDITIONS TO THE PROPERTY
Additional lands may become subject to this Declaration in the
manner hereinafter set forth. If Declarant shall be the Owner of
any Property which it desires to add to the scheme of, making
same subject to this Declaration, it may do so by, first,
obtaining the approval of same from a majority of the total eli-
gible votes of the membership of the Association as defined in
Section 4.02 hereof, voting in person or by proxy, with
NORTHLAKE 635 DELCARATION Page 18 of 23
~eclarant, for purposes of this Article VII only, having the same
number of votes for each One Hundred Dollars ($100.00) or major
fraction thereof, of the Value of that portion of the Property,
~exclusive of such additional lands at issue, owned by it, as have
other members of the Association, such approval to be obtained at
a meeting duly called for such purpose, written notice of which
shall have been given to all Members at least thirty (30) days in
advance and shall have set forth the purpose of the meeting; and,
second, filing in the records of the County Clerk of Dallas
County, Texas, a Supplementary Declaration of Covenants,
Conditions, Restrictions, and Easements of this Declaration
("Supplementary Declaration") with respect to such property;
PROVIDED, HOWEVER, that such Supplementary Declaration may con-
tain such complementary additions and modifications of the
Covenants and Restrictions contained in this Declaration to be
applicable only to the new land or Property being subjected
hereto and thereto, as may be necessary to reflect the different
character, if any, of the new land or Property and as are not
inconsistent with the scheme of this Declaration. In no event,
however, shall such Supplementary Declaration modify or add to
the covenants established by this Declaration for the Property.
ARTICLE VIII
GENERAL PROVISIONS
8.01 Duration and Enforceability. The Covenants and Restric-
tions of this Declaration shall run with and bind the Property,
and shall inure to the benefit of, and be enforceable by,
Declarant~ and/or the Owner of any Lot subject to this
Declaration, their respective .legal representatives, heirs,
successors, and assigns, for a term of forty (40) years from the
date that this Declaration is recorded, after which time said
covenants shall be automatically extended for successive periods
of ten (10) years unless an instrument signed by a majority of
the Owners shall be recorded, agreeing to abolish the Covenants
and Restrictions or to change the Convenants and Restrictions in
whole or in part; provided, however, that no such agreements to
change shall be effective unless made and recorded thirty (30)
days in advance of the effective date of such change; and unless
written notice of the proposed agreement shall have been sent to
every Owner at least ninety (90) days in advance of any action
taken, provided further, that no agreement to change shall be
applicable to existing buildings on the Property unless such
instrument shall be signed by all of the then Owners of the
affected portion of the Property.
8.02 Enforcements. Enforcement of these Covenants and
Restrictions shall be by any proceeding at law or in equity
NORTHLAKE 635 DELCARATION Page 19 of 23
against any person or persons violating or attempting to violate
them; and failure by Declarant or any Owner to enforce any
Covenant or Restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
8.03 Severabilit¥. Invalidation of any one or more of these
Covenants or Restrictions by judgment of court or other court
order or by legislative act shall in no wise affect any other
provision herein contained, all and each of which shall remain in
full force and effect.
8.04 Headinqs. The headings contained in this Declaration are
for reference purposes only and shall not in any way affect the
meaning or interpretation of this Declaration.
8.05 Amendment. No one or more of the Covenants and
Restrictions hereby imposed upon the Property shall be amended
except by the action of the Owners of at least fifty-one percent
(51%) of the total Value of the Property regardless of whether
such fifty-one percent (51%) value ownership consists of
Declarant alone, Declarant and other Property Owners or other
Property Owners alone; provided, however, that until the
Conversion Date, no amendment shall be effective without
Declarant's written consent. Any and all duly effected amend-
ments shall become effective at the time when executed and
acknowledged by the appropriate person or entities specified
hereinabove and filed for recording in the County Clerk's office
at Dallas County, Texas.
8.06 Notices. Any notice or other communication required
hereunder or given in connection herewith shall be deemed
received upon the earlier to occur of
(a) actual receipt by the intended recipient thereof, or
(b) the date three (3) business days after the date such
notice shall be deposited in the United States mails, postage
prepaid, registered or certified mail, return receipt
requested, addressed as follows:
(i) If the intended recipient shall be the Owner of an
unimproved Lot, to the address for the owner of such Lot
contained in the appropriate county tax records or, if
such Owner shall have purchased such Lot from Declarant,
to the address specified as such Owner's address in the
Deed or other conveyancing document from Declarant to
such Owner.
(ii) If the intended recipient shall be in occupancy of
a Lot, to the street address for such Lot.
NORTHLAKE 635 DELCARATION Page 20 of 23
(iii)
10939
75220.
If Declarant shall be the intended recipient, to
Shady Trail, P.O. Box 201069, Dallas, Texas
(iv) If the intended recipient shall have Previously.'
changed its address for notice by a notice given in
accordance with the terms of this Section 8.06, to such
new address.
IN WITNESS WHEREOF, Declarant and T. Franklin SChneider, III
have executed this Declaration this ~ day of ~-~] ,
1985.
BELTWOOD NORTH VENTURE
By= CONNELL DEVELOPMENT CO.
~. ( ~ · ( -'~..-' . . ..
Mar~ Connell~
Vice President
I-' Ii ,.
I [. '~,~. ~.& .... '"' ~: ~ .... ~ '~
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 ~RK
CONNELL, Vice President of Connell Development Co., known to me
to be the person and officer whose name is subscribed to the
foregoing instrument and acknowledged to me that the same was the
act of the said corporation, on behalf of BELTWOOD NORTH
VENTURE, and that he executed the same as the act of such cor-
poration, for the purposes and consideration therein expressed,
and in the capacity therein stated.
__GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ~'~day of
i.]V~.~I , 1985.
~ary Public/~n and for
the State of TeXas
My qom~ission expires:
=_./-;/?~
·
Notary's Printed Name
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 T.
FRANKLIN SCHNEIDER, III, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to. me
NORTHLAKE 635 DELCARATION Page 21 of 23
that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND 'SEAL OF OFFICE, this ~7~]~day. -- of
1985.
[SEAL]
My~7~sion expires:
Notary's Printed Name
NORTHLAKE 635 DELCARATION Page 22 of 23
EXHIBIT
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NORTHLAKE 635 DELCARATION
Page 23 of
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