Raintree Vill/FP-CS 860708 DECLARATION OF
RESERVATIONS, RESTRICTIONS AND COVENANTS
IN
RAINTREE V~LLAOE
DALLAS COUNTY
COPPELL, TEXA~
This Declaration, made on the date hereinafter set forth by
Auburn Development, Inc., a Texas Corporation, hereinafter
referred td as 'Declarant".
WHEREAS, Declarant is the owner of Raintree Village, an
addition to the City of Coppell, Dallas County, Texas according
to the Plat recorded in Dallas County, Texas.
NOW THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with, the real property and
be binding on all parties having any right, title or interest in
the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
1. All of the lots platted on the property shall be used
solely as residential lots. No structure shall be erected on any
residential lot other than one single-family dwelling not to
exceed two (2) stories in height, and a two or more car garage,
attached or detached. No buildings shall be erected, altered,
placed or permitted to remain on any lot other tha~ for the
purpose set out in this paragraph.
2. All dwellings on the residential lots shall have a
minimum of 1,200 square feet of living area, exclusive of
garages, breezeways and porches.
3. No fence or wall shall be erected, placed or altered on
any lot nearer to any street than the minimum setback line as
indicated on the recorded plat, and shall not exceed six (6) feet
in height unless specifically required otherwise by the City of
Coppell. This does not apply to masonry walls along major
thoroughfares and commercial zones as required by the City of
Coppell. No chain link fences shall be allowed in the
subdivision.
4. The main building on Lots 41 through 52 of Block A, Lots
1 through 13 of Block B, Lots 1 through 7 of Block E, Lots 1
through 9 of Block F and Lots 1 through 8 of Block O shall be
centered in the lot, unless otherwise approved by the City of
Coppell. The main building on all other lots shall be located so
that the majority of one side of the main building shall abut the
three (3) foot side building setback line for such lot, as shown
on the recorded plat. The Architectural Control Committee shall
be empowered to allow variances from such three (3) foot building
setback line for good cause shown, so long as such variance does
not violate the minimum ten (10) foot separation between
structures which is required under the applicable City of Coppell
zoning ordinance. The lots designated in the first sentence of
this section shall not be required to provide any access, use or
maintenance easements for any abutting lots. Ail lots which have
a three (3) foot side building setback line, Shall be deemed to
also include a three (3) foot non-exclusive access and main-
tenance easement upon such setback area. Such access and main-
tenance easement shall be for the benefit of the lot immediately
RESERVATION, RESTRICTIONS AND COVENANTS - PAGE 1 OF 4
abutting the access and maintenance easement and the owners of
such abutting lot shall be entitled to have access to and use
such easement area for maintenance purposes; provided, however,
that the owners of such abutting lot shall not undertake any use
of or perform any activity in the access and maintenance easement
which shall cause damage to the residence whose main wall abuts
the access and maintenance easement. The owners of any lot on
which an access and maintenance easement is located shall not
fence off the area containing such easement nor otherwise inter-
fere with the rights of the owners of the lots abutting such
access and maintenance easement to use said easement, but the
owners of the lots on which such easement is located shall retain
all other ownership rights pertaining to the portion of the lot
on which said easement is located, including the right of access
to and use of such easement for maintenance of said owner's own
dwelling. On corner lots, the main building shall be constructed
to conform to the building line as indicated on the recorded
plat, from the side street property line, except as may be speci-
fically approved by the City of Coppell. Detached and attached
garages and accessory buildings on corner lots shall not be
nearer to a side street property line than the setback line as
indicated on the recorded plat, unless approved otherwise by the
City of Coppell. In any event entrances to all garages, either
attached or detached, shall not face a street, unless approved by
the Architectural Control Committee in writing. Front yard drive-
ways shall require approval by the Architectural Control
Committee.
5. All signs displayed to the public shall conform to the
City of Coppell sign ordinances.
6. No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot, except that dogs, 'cats, or other
normal household pets may be kept, provided that they are not
kept, bred or maintained for commercial purposes, and provided
further that they shall be limited to four (4) animals over six
(6) months old.
7. No lot shall be used or maintained as a dumping ground
for rubbish, trash or-garbage. Other waste shall not be kept
except in a sanitary container. All incinerators or other
equipment for the storage or disposal of such material shall be
kept in a clean and sanitary condition.
8. No fence, wall, hedge or shrub planting which obstructs
sight lines at elevations between two and six feet above roadways
shall be placed or permitted to remain on any corner lot within
the triangular area formed by the street property lines and the
line connecting them at a point 25 feet from the intersection of
the street lines, or in the case of a rounded property corner,
from the intersection of the street property line within the edge
of a driveway or alley pavement. No tree shall be permitted to
remain within such distances of such intersection unless the
foliage line is maintained at sufficient height to prevent
obstruction of sight lines.
9. Alleys and easements for the installation and maintenance
of utlities and drainage facilities are reserved as shown on the
final plat filed of record.
10. No noxious nor offensive activities shall be carried on
upon any lot nor anything done thereon, which may be or become an
annoyance or nuisance to the neighborhood.
11.
basement,
No structure of a temporary character, trailer,
tent, shack, garage, barn or other out-building shall
RESERVATION, RESTRICTIONS AND COVENANTS - PAGE 2 OF 4
be used on any lot at anytime as a residence, either temporary or
permanent.
12. The exterior of the dwelling erected on any lot shall be
80% brick, exclusive of doors and windows (substitute masonry
must be approved by the Architectural Control Com]nittee).
Attached garages shall be of the same construction and exterior
finish as the house. Detached garages or accessory buildings
shall be of any of the material above listed in this paragraph,
or wood siding. Gables in the house will be permitted of wood
siding or wood shingles if same extends NOT lower than to the top
of windows of a standard height. Materials on the second floor
of two-story houses must be approved by the City of Coppell.
Roofs shall be tile, approved metal, wood or composition. No
white composition shall be allowed.
13. These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a
period of 30 years from the date these covenants are recorded,
after which time said covenants shall be automatically extended
for successive periods of five (5) years, unless an instrument
signed by a majority of the then owners of the lots has been
recorded, agreeing to a change of said covenants in whole or in
part. ~
14. Enforcement shall be by proceedings at law or in equity
against any person or persons violating or attempting to violate
any covenant. Such proceedings shall be either to restrain
violation or to recover damages resulting from such violation.
15. Invalidation of any one of these covenants by judgement
or court order shall in no way affect any of the other provisions
which shall remain in full force and effect.
16. The erection of improvements, beginning with the first
placed on said lot or lots of said Addit.ion shall include and
require the laying of a sidewalk across the whole of the front of
each lot and along the side of the corner lots next to the side
street by the respective owner of each lot. Such sidewalks shall
be constructed in conformity with the City ordinances, standards
and codes required by the City of Coppell.
17. No one shall be allowed to park any type of boat or
trailer in the front or side yards of any residence in the
Addition. Boats and trailers shall be kept in the rear part of
said residence as a permanent location.
18. No building shall be erected, placed or altered on any
lot until the construction plans and specifications, which shall
include the foundation plan, and a plan showing the location of
the structure have been submitted to and approved by the
Architectural Control Committee as to the quality of workmanship
and materials, and harmony of external design with respect to the
topography and finished grade elevation. It shall be each
individual builder's or owner's responsibility to submit his
plans to the Architectural Control Committee.
19. Notwithstanding any other provision hereof, Declarant
reserves the right (upon application and request of the owner of
any lot) to waive, or amend (by appropriate letter to that
effect addressed and delivered to such applicant owner by
Declarant) the application of any of these restrictions to such
lot if, in the sole discretion of the Declarant, such action be
necessary to relieve hardship or permit good architectural
planning to be effected. Declarant also reserves the right until
Declarant has sold seventy percent (70%) of the lots:
RESERVATION, RESTRICTIONS AND COVENANTS - PAGE 3 OF 4
(a)
to redivide and replat any of the property shown
on the Plat at any time if owned by the Declarant,
(b)
to change the location of streets and easements
prior to the time the same be actually opened for
public use or availed of by the public or by
public utilities. In no case, however, shall any
such waiver, variance, amendment or change
i. deprive any owner of a lot of reasonable
access to such lot;
ii. reduce the frontage or depth of any numbered
Lot shown on the Plat to that which is less
than that such numbered lot not containing the
least frontage and depth.
20. The provisions hereof are made a part of each contract
and deed in respect of any lot to the same effect as if fully set
forth therein, and each such contract and deed shall be
conclusively held to be executed, delivered, and accepted upon
and subject to the provisions and conditions herein set forth.
21. Declarant's interpretation of the meaning and
application of the provisions hereof shall be final and binding
on all interested parties at any time in question.
22. Declarant may at any time appoint a committee of one or
more persons to exercise any or all of the discretionary rights
and powers reserved herein to Declarant.
23. Declarant may assign to any person or corporation any or
all rights, powers, reservations, easements and privileges herein
reserved by and to Declarant and any such assignee shall have the
same right to so assign.
24. The Architectural Control Committee shall consist of
three (3) members to be appointed by Declarant until such time as
all of the Lots owned by Declarant have been sold, after which
time the three (3) members shall each be appointed by a majority
in interest, but not numbers, of the then owners of the Lots. The
initial Architectural Control Committee consists of the Board of
Directors of Declarant, who are: Ken E. Marchant, Randall L.
EXECUTED this day of , . , 1986.
STATE OF TEXAS
COUNTY OF DALLAS
)( JFol~nd Wright, ~ident
)(
-hi instrument was acknowledged before me on thi~~ .~A~b~u:~
of ~ ,' 1986 by J. .Roland Wright, President
Develq~me~, Inc., a Texas Corporation, on behalf of said
NO~Y/' PUBLIC ih and/for the
LINDA MAXWELL
~~Nm~Y PUBLIC STATE OFT~S
~ ~I~ON EXPIRES 3~