Vlgs of C P1/PP,FP-CS 880208FOURTH AMENDMENT TO THE DRCLAR%TIO~ OF COVRNAN'
CONDITIONS~ ~ND RESTRICTIONS FOR VILLAGES OF
STATE OF TEXAS
COUNTY OF DALLAS
KNOW ALL MEN BY THESE PRESENTS:
This Fourth Amendment to the Declaration of Covenants,
Conditions, and Restrictions for Villages of Coppell, Phase I
(the "Amendment") is made on the date herei"nafter set forth by
BDC Development Corporation ( formerly Dimension-Brooks
.Corporation), hereinafter referred to as (the "Declarant"):
W I T N E S S E T H:
WHEREAS, Declarant is the Declarant in that certain
Declaration of Covenants, Conditions, and Restrictions for the
Villages of Coppell, Phase I (the "Declaration"), filed of record
in the Deed Records of Dallas County, Texas, Volume 86183, Page
2984, et seq; and,
WHEREAS, the Declaration has been amended by that certain
First Amendment to Declaration of Covenants, Conditions, and
Restrictions for the Villages of Coppell, Phase I, filed of
record in the Deed Records of Dallas County, Texas, Volume 87102,
Page 2620 (the "First Amendment"); and,
WHEREAS, the Declaration has been amended by that certain
Second Amendment to the Declaration of Covenants, Conditions, and
Restrictions for the Villages of Coppell, Phase I, dated July 14,
1987 and filed for record on July 15, 1987 in the Deed Rec6rds of
Dallas County, Texas, Volume 87135, Page 4039 (the "Second
Amendment"); and,
WHEREAS, the Declaration has been amended by that certain
Third Amendment to the Declaration of Covenants, Conditions, and
Restrictions for the Villages of Coppell, Phase I, dated July 13,
1987 and filed for record on July 24, 1987, in the Deed Records
of Dallas County, Texas, Volume 87142, Page 3815 (the "Third
Amendment") (the Declaration, the First Amendment, the Second
~mendment, and the Third Amendment are hereinafter collectively
referred to as the "Amended Declaration"); and,
WHEREAS, Declarant desires to further amend the Amended
Declaration in order to annex additional real property into the
property now governed bY the Amended Declaration.
NOW, THEREFORE, for and in consideration~f ten dollars
($10.00) and other good and valuable considez~tion and the
recitals above, Declarant hereby declares that the Property· as
described in the Amended Declaration, shall continue to be
subject to the terms of the Amended Declaration· as amended by
the following terms and conditions:
1. The Property described as the "Villages of
Declaration shall be amended and supplemented by the
annexation of approximately 15.3682 acres of real
property, known as the "Villages of Coppell Phase 2"
more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference for all
purposes. .
Fourth Amendment to the Declaration of Covenants, Conditions,
and Restrictions for Villages of Coppell, Phase I
Page 1
2. The Property described on F. xhib[t "%" shall be
subject to all of the terms and conditions of the
Amended Declaration as well as that one certain
Declaration of Covenants, Conditions, and Restrictions
for the Lakes of Coppell, Dallas, Texas, recorded in
Volume 84244, Page 5412, Deed Records, Dallas County,
Texas.
3. The Amended Declaration as amended herein is
hereby ratified and acknowledged by the Declarant to be
enforceable against the Property as further amended
herein.
4. This Fourth Amendment and the Amended Declaration,
as set forth herein, shall run with and bind the
Property as further amended herein, and shall inure to
the benefit of every owner of a lot in the Property,
including Declarant,and their respective heirs,
successors, and assigns, pursuant to the terms and
conditions of the Amended Declaration as further
amended by this Fourth Amendment.
5. This Fourth Amendment shall be governed by the
laws of the State of Texas and is fully performable in
Dallas County, Texas.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has executed this Fourth Amendment and set his hand and
seal this g~ day of February, 1988.
CORPORATE
BDC Development Corporation,
a Texas Corporation
( formerly D . .~sion-Brooks
ACKN0~T '~
STATE OF TEXAS
COUNTY OF DALLAS
This Instrument was acknowledged before me on this the
day of February, 1988, by Stephen H. Brooks, President of BDC
Development Corporation, as the true act and deed of said
corporation.
Notary Pdblic i~ a~d for the
State of Texas
Type= or Printed Hame of Notar~
My Commission Expires:
Fourth Amendment to the Declaration of Covenants, Conditions,
and Restrictions for Villages of Coppell, Phase I
Page 2
EXHIBIT "A"
W~£R~AS, 9DC Development Corporation, is the ovner of a tract of land
located in the Patience Piles Su£ve¥, A~stract No. 1137, and in the B.B.8.
& C.R.R. Survey, Abstract No. L99. City of Coppeil. DaLlas County, Texas,
and beinq more particularly described as follows:
CO~t.¼£NCING at a 1/2 inch iron rod found for corner at the intersection of
the South line of Deforest Road (30 feet R.O.W.! and the East line of Samuel
Boulevard (41.92 feet R.0.W.J: Thence £ast for a distance of 27]8.66 feet to
a point; Thence South of a distance of 1729.$5 feet to the TRUE POINT OF
BEGINNING:
?HENCE, North 55 21' 18" West, a distance of 212.00 feet to a 1/2 inch
iron rod found for corner:
THENCE, North Ol 04' 08' West, a distance of 129.06 feet to a 1/2 inch
iron rod found for corner:
THENCE, North 26 33' 54' East, a distance of 64.15 feet to a 1/2 inch
iron rod found for corner:
TItENCE, North 16 41' 57~ Eas~, a distance of 62.74 feet to a 1/2 inch
iron rod found for corner:
TRENCE, North 12 59' 41" Went, a distance of 150.31 feet to a L/2 inch
iron rod found for corner:
THENCE, North 46 10' 09" West, a distance of 178.93 feet to a 1/2 inch
iron r.od found for corner:
THENCE, North 33 41' 24" West, a distance of 43.07 feet to m 1/2 inch
iron rod found for corner:
THENCE, Horth ?L 33' 54" West, a distance of 82.27 feet to a 1/2 inch
iron rod found for corner;
TRanCE, South ?5 5?' 50' West, i distance of 63.7? feet to a 1/2 inch
iron rod found for cornet:
TlfZNCE, ~orth 43 31' 2~° West, a distance of 272.71 feet to · 1/2 inch
iron rod found for corner~
TKEHCE, North 35 03' 57° west, a distance of 125.25 feet to a 1/2 inch
iron rod found for
TliZ,qCE, North 26 19' 38" west, a diet&ace of 83.29 feet to a 1/2 inch
iron rod found for corner:
THENCE, North 8% 26' 4o' East, a distance of 87.05 feet to a 1/2 inch
iron rod found for cornet:
~I~NCE, South 89 38* 25" Knit, a distance of 450.00 feet to the beqinniflq
of · curve to the loft, · 1/2 inch iron rod found for corner:
THKWCE, alon~ said curve to the left, havinq a central anqle of 31
· radius of 415.00 feet, · taflqent lenqth of 116.47 feet, for an arc distance
of 227.~0 feet to · i/] inch rod found for corner:
THENCE, North 59 00' 22° East, a distance of 90.00 feet to a 1/2 inch
iron rod found for corner:
THENCE, South 30 59' 38" East. a distance of 535.00 feet to the ~e~innin~
of · curve to the right, a 1/2 inch rod found for corner:
THENCE, &~ofl~ said curve to the riqht, hav£nq · central anqle of 44 15'
52'~ a radius of 430.00 feet, a tanqent lenqth of 174.89 feet, for an
arc distance of 31~.z~ ~eet to a ~/2 inch iron rod found fo~.
THENCE, North ?6 43' 4~' West, & distance of 30.00 feet to a point on a
curve to the riqht, · 1/2 inch iron rod found loc corner;
THENCE, &ionq said curve to the riqht, havlfl~ a tanqent that at this
point bears South 13 la' 14' west, a central an~le of 46 29' 26", a
radius of 400.00 feet, a tangent %en~%A of 171.8L feet, for an arc
distance of 324.5? feet, to a 1/2 iron rod found foe corner:
TH~gCE, South 59 45* 40" West, a distance of 60.48 feet to tho beqinnin~
of a curve to the Left, · i/2 inch iron rod found for corner:
THENCE, alon~ ssLd curve to the left, havtnv · central an~le o~ 25 06*
$8°, a radius of 400.00 fe~t, · tangent lenqth of 80.10 feet, for
· arc distanc~ of %75.34 !eel to the POI#? OF BEGIHWZJOG:
CoNTAIN!NC. 15.3~8] acres ¢669.4~8 square feet) of land.
156511
lle TT[
THIRD AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
STATE OF TEXAS )
)
~OUNTY OF DALLAS )
VILLAGES OF COPPELL, PHASE
3.00 DEED
2 07/2+/87
This Third Amendment to the Declaration is made on the date hereinafter set
forth by BDC Development Corporation (formerly Dimension-Brooks Corporation),
hereinafter referred to as ("Declarant").
WITNESSETH
WHEREAS, Declarant is the .Declarant in that certain Declaration of Covenants,
Conditions, and Restrictions for the Villages of Coppell, Phase I, a subdivision of Dallas
County (hereinafter referred to as the "Declaration") filed of record in the Deed Records
of Dallas County, Volume 86183, Page 298q, et seq., as amended in Volume 87102, Page
2620 (the "First Amendment") and in Volume 87135 ~ Page 4039 (the "Second
Amendment") in the Deed Records of Dallas County, and .
WHEREAS, Declarant desires to further amend the above-described Declaration in
order to more properly define certain rights and obligations,
NOW THEREFORE, Declarant hereby declares that the property, as the property
is described in the Declaration, shall continue to be subject to the terms, of the
Declaration as amended by the following terms and conditions.
Article IX, Section 2.h., Easements of the Declaration, is hereby amended by the addition
of the following paragraph:
(c) An S-foot temporary easement is hereby reserved on one side property line of every
lot in the Villages of Coppell, that being the side on which the house is not built. The
purpose of this reserved easement is to provide ingress, egress and working area for
building contractors to construct a house on the adjacent lot. No fences shall be
constructed between the properties until the construction of the adjacent house is
completed.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto
set its hand and seal this ~ day of 3uly 1987.
.e O , in
STATE OF TEXAS )
COUNTY OF DALLAS )
~;~ 3uly
sTJ~is instrurn~nt v/as acknowledged before me this /~ day of
by Bbc Development Corporation.
(SEAL):'
1987
Notary P6blic in~i~nd [o~ the
State of Texas
RETURN TO:
TICOR TITLE INSURANCE
6750 Hillcrest Plaza Drive
Lock Box 17 - Suite 205
DECL.~R.'-.TION OF COVENANTS, CONDITIO~I.-C,
FOR
THE VILLAGES OF COPPELL
PHASE I
A SUBDIVISION IN D.'-.LLA$ C:?.UNTY
156511 HC
$.00 DEE{
2 1 07/1.5/8
STATE C.F TE×.'-~c. .%
)
COUNTY C.F D.:.LL~.~-, ~
THIS SECOND AMENDMENT to Dec!~ratzon ~s ~ade on the date
hereinafter set forth by BDC Development Corporation (formerly
Dimension-~rooks Corporation), hereinafter referred to as
"DECLARANT";
WITNESSETH'
~HEREAS, Declarant is the Declarant in that certain Declaration
of Covenants, Conditions, and Restrictions for the Villages of
Coppell Phase I. a subdivision in Dallas County {hereinafter
referred to as t .< "Declaration") filed for record in the Deed
Records of Dallas County, Volume 86183, Page 29?4, et se~. , as
amended in Volume R?L(12___, Page 9K9~___ in the Deed Records of
Dallas County {the "First Amendment"); and
WHEREAS, Declarant desires to further _~men..~ the above described
Declarat~on,~ in order to more properly d~fine certain, rights and
obligations;
NOW ~HEn~m~Pm n-c!arant hereb? do~a~s +i~t the o~np=~y as
the Property is described in the Declaration, shall continue to
be subject to the terms of the Declaratic~n, as amended by the
following terms and conditions:
Articl~ IX of the Declaration is hereby amended by the addition
of the following paragraph:
Sectio~ 3. SPECIFIC LOT PROHIBITIONS.
(a) PROHIBITED PRIVACY FENCES. Certain specific Lots shall not
be permitted to have erected thereon, in the rear yards thereof,
any privacy fences or similar obstructions, i.e., fencing on the
restricted Lots shall be strictly limited Zn the rear yards to
aluminum or other metal railing which is specific~!ly approved,
in writing, by the Architectural Control Committee.
(b) AFFECTED LOTS. The Lots specifically affected by the
foregoing restriction in Section 3.{a) ef this Article IX are
Lots 38 through 41 and Lots 44 through 51; these twelve {!2) Lots,
shall not be permitted to have any ~ood or other solid fencing or
screening erected thereon. The foregoing cannot be waived absent
~1',~ filing of a document o~ ~qu~l .~:~ture he~e~ith, eX%C,~t,~d by
the Declarant and/or the Association pursuant to action by its
Board of Directors.
Articl-. IX, ..Cection 2.h. ~E.-'..CEMENT$), _.~u~.~,-ti~,n ....... {b) is h~reby
amended by the addition of the fo]lowin~ sentence at the con-
clusion thereof' '
The easement reserved pursuant to this subsection m~y be utilized
for the development or construction of "Common Area" as that term
is defined herein and as such areas shall be commonly used for
the enjoyment and benefit of members ,>f ~he ~.~oci~tic, n; no
further documentation shell be required in order for said areas
to be utilized as Common Areas.
Exhibit A of the Declaration is attached hereto and made a part
hereof for convenience of reference only and is not amended
hereby. The terms of this Second ~.mendment shall be controlling
with respect to any matters contained herein.
IN WITNESS WHEREOF, the undersigned, beinq the Declarant herein,
has. hereunto set its hand and seal this /~%~ day of 3~
19~.
The State of Texas
County of Dallas
men ration.
the State of Texes
My Comm~B~ion ExPires:
.....<,'"'?.. ~% .~ :
~- "~" L""?~'.-'. ,
.-
~. ~" ~'~i
,q7 1.2q
Ti~OR TITLE
6750 Hillcrest Plaza Drive
Lock Box 17 - Suite 205
Dallas, Texas 75230
bOb.Lb IK.' '1'1'1
GRJ:4APR87
AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
THE VILLAGES OF COPPELL
PHASE I ~
A SUBDIVISION IN DALLAS COUNTY 2167
THE STATE OF TEXAS
COUNTY OF DALLAS
27.00
2 1 05/28/57
THIS AMENDMENT to Declaration is made on the date herein-
after set forth by Dimension-Brooks Corporation, hereinafter referred
to as "DECLARANT";
WITNESSETH:
WHEREAS, Declarant is the Declarant in that certain Declaration of
Covenants, Cconditions, and Restrictions for the Villages of Coppell
Phase I, a subdivision in Dallas County( hereinafter referred to as
the "Declaration") filed for record in the Deed Records of Dallas
County, Volume 86183, Page 2984, et seq.; and
WHEREAS, Declarant desires to amend the abovedescribed Declaration,
in order to more properly define certain rights and obligations;
NOW, THEREFORE, Declarant hereby declares that the Property, as
the Property is described in the Declaration, shall continue to be
subject to the terms of the Declaration, as amended by the following
terms and conditions:
Article I of the Declaration is hereby amended by the addition of
the following paragraph: ,
Section 17. "Swim Club" shall mean and refer to all areas of the
Property developed for the exclusive use of Owners or their designees
in the Villages of Coppell as a pool or related swimming or recrea-
tional facility.
Article V of the Declaration is hereby amended by the addition of
the following paragraph:
Section 11. SWIM CLUB. At such time as the Swim Club is completed
and available for use, a permanent "special assessment" shall be
levied, in. an amount to be determined in accordance with the terms
of.th~ Declaration, but in addition to any other assessments or
maximum assessments already specified in the Declaration, but not
in unreasonable excess of the amount necessary to properly maintain
the Swim Club.
hereunto
Exhibit A of the Declaration is attached hereto~nd made a part
hereof for convenience of reference only and is not amended hereby.
IN WITNESS WHEREOF, the undersigned, be%Dg the Deglaraot herein, has
set its hand and seal this .-/~~' day of ~,19~ .
The State of Texas
County of Dallas
~~ ~Dimens' o o orati '
c~:
T~IS INSTUMENT was acknowledqed before me on this the /~--~ day of
~,19 ~ , bye, of DimensionJBrooks ~.'.
tion. .", ............... '.
- NOTARY PUBLI~ i~' and fo~."
RETURN TO: the State of/.Texas ... -
:' 'nco -111ttqh3'- .i, c£ ' ·
My Commission Expires: ., ;{ ..
6750 Hillcrest Plaza Drive '. '..
· , _ /_ . Lock Box ~7- Suite 205 %-,, ~'*",_... *,."
EXHIBIT
~egil Description
Being · tract of lend located in the Patience Piles
Survey, Abstract No. 1137, City of Coppell, Dills· County.
Texas, ind being more plr%icullrly described ·· foil.vi:
CO~L~IENCING, et a l/2-1nch iron rod found for corner ·t the
inter·ac(ion of the south line of Deforest Road (30 feet
right-of-ray) ind the e··t line of Samuel 8oiler*rd {41.92
feet right-of-vsy); Thence, El·t for · distance of 1,159.77
feet to · point; Thence, South for · distance of 1,265.02
feet to the TRUE POINT OF SEGINNING;
THENCE, North 27° 22' 22' East, & dtstlnce of 435.39 feet to
~ l/2-inch iron rod set st the beginning of 8 circular curve
to the left;
THENCE, along said circular curve to left, having a central
ingle~of ISe S7' 07", I radttta of 962.$0 feet, 8 tangent
length of 134.86 feat, for an irc length of 267.98 feet to ·
l/2-1nch iron rod set for corner;
ENCE, South 78° 34' 4S' East, a distance of 13S.71 feet to
inch iron rod set for corner;
THENCE. South 64° 44* 35' East, i distance of 63.86 feet to
· 1/2-inch iron rod set for corner;
THENCE. North 78° 37' 40' East, n distance of 194.81 feet to
~---i~=lnch iron rod set for corner;
THENCE, North 82e S2' 32' East. · distance of 78.49 feet to.
s 1/2*inch iron rod set for corner;
i~EHCE, South 610 SS' 13' East, & distance of 82.O4 feet to
inch iron rod set for corner;
,'HENCE, South 26° 19' 38~ Essa, I distance of 83.29 feet to
· l/2-1nch iron rod set for corner;
TI, IENCE. South 3Se 03' S~" [est, s ~$e~ance o! )2S.2S fee~ to
· 1/2-inch iron rod ic% for corneT;
m $/2-1nch iron rod set for corner;
TH£NCE, South 2&° 33' $4' west, a distance of IO0.08
· l/2-1nch iron rod eec for corner;
TH£NC£, Sou~h 38° 39' 35' £sst, · distance of 174.62 fee~ to
· l/l-inch iron rod set for corner:
TH£NC~, South 2~° 02' IS' East, m distance of 60.96 feet to
· l/2-1nch iron rod set for corner;
TH£NC_~E, South 0S° 42' 38" Eest, · dtstence of 101.98 feet to
I 1/2-inch iron rod set for cor~er:
THENCE, South 26° 33* S4" East, I distance of 43.89 feet to
· 1/2-1nc~ iron rod se~ for corner:
THENCE, South 27° Il' 33" West, 8 distance of 385.6? feet to
· 1/2:inch iron rod set loc corner in the north line of
Future MacArthur Boulevard, (proposed lOS fee~ riqh%oof-
THENCE, North 62° 37' 39' West, al·hq said north line
of ~a~Arthur Boulevard for · distance of 1190.67 feet to the
POINT OF BEGII~ING:
CONTAINING, 20.013 acres (871,762.4 square feet) of
Such trots of ~az~ Is further described end plat~ed In the
Final Plat of Villages of Coppel!, Phase I, recorded in
Volume 86118, Pages 1828-~825, Deed Records of Dalles rashly,
Texas, reference to ~hich is hereby made for mix purposes.
87102
87102
:-', -- GRJD:al
.' ' GRJ9:Ic
01-22-86
DECLARATION OF COVENANTS, CONDITIONS, AND RES'
FOR
THE VILLAGES OF COPPELL
PHASE I
THE STATE OF TEXAS "
COUNTY OF DALLAS
~TIION S
57_.., Q0 C, EED
8..' ~: 0 ! 09/
THIS DECLARATION is made on the date hereinafter set forth by
DIMENSION-BROOKS CORPORATION, hereinafter referred to as "Declarant";
WITNESSETH
WHEREAS, Declarant is the owner of certain property in the City of
Coppell, County of Dallas, State of Texas, hereinafter referred to as The
· Villages of Coppell ("the Property") and being more specifically described and
outlined in red on attached Exhibit: "A" and attached hereto and fully
incorporated herein by reference; and
WHEREAS, Declarant desires to develop the Property, together with any
other land which Declarant, at its sole discretion, may hereafter add thereto,
as a residential subdivision, for uses to be hereinafter defined, and to pro-
vide and adopt a uniform plan of development including assessments, con-
ditions, covenants, easements, reservations, and restrictions designed to
govern, control, and preserve the values and amenities of the Property for
the development, improvement, sale, use, and enjoyment of the Property' for
such purpose(s); and
WHEREAS, Declarant desires to subject the Property, together with
additional land as may hereafter be made subject hereto, to the assessments,
conditions, covenants, easements, reservations, and restrictions hereinafter
set forth, for the benefit of the Property, additions thereto, and each Owner
(hereinafter defined); and
WHEREAS, Declarant has deemed it desirable, for the efficient preserva-
tion of the values and amenities in said subdivision, to create an Association
(hereinafter defined) to which shall be delegated and assigned the powers of
administering and enforcin9 these assessments, conditions, covenants, ease-
ments, reservations, and restrictions, including levying, collecting, and
disbursing the assessments; and
WHEREAS, there will be incorporated the Villages of Coppell Homeowner's
Association, Inc., a non-profit corporation to be created under the laws of
the State of Texas, whose directors will establish Bylaws by which said. Asso-
ciation shall be governed through its Board of Directors, for the purpose of
exercising the functions aforesaid;
NOW, THEREFORE, Declarant hereby declares that the Property shall be
developed, improved, sold, used, and enjoyed in accordance with and subject
to the following plan of development, including the asseRpments, conditions,
covenants, easements, reservations, and restrictions hereinafter set forth, all
of which are hereby adopted for and placed upon said Property and shall be
covenants running with the Property and be binding on all parties, now and
at any time hereafter, having or claiming any right, title, or interest in the
property or any part thereof, their heirs, executors, administrators, succes-
sors, and assigns, regardless of the source of, or the manner in which any
such right, title, or interest is or may be acquired, and shall inure to the
benefit of each Owner of any part of the
· . ,GRJ9:'al ]0-]6-85
,GRJ9:Ic 01-22-8G
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Villages of Coppell
Homeowner's Association, Inc., a non-profit corporation, incorporated under
the laws of the State of Texas, its successors and assigns.
Section 2. "Board" shall mean and refer to the duly elected Board
of Directors of the Association.
Section 3. "Bylaws" shall mean and refer to the Bylaws of the
Association, as amended from time to time.
Section 4. "Committee" shall mean and refer to the Villages of
Coppell Homeowner's Architectural Control Committee established for the
Property as hereinafter set forth.
Section 5. "Common Area" shall mean and refer to all areas of real
property owned in fee, leased, or held in easement by the Association for the
exclusive common use, enjoyment, and benefit of the Members of the Asso-
ciation, and shall include areas designated by Declarant to be conveyed by
deed or easement to the Association.
Section 6. "Common Facilities" shall mean and refer to all, if any,
buildings, systems, networks, structures, and the like owned, leased, or
used by the Association in fulfilling its duties for the benefit of the Members
of the Association including' security facilities, communications facilities, and
facilities for the administration of the Association.
Section 7. "Common Landscape Facilities" shall mean and refer to
the irrigation systems serving the Landscaped Medians or Common Areas,
lighting facilities, street furniture (if any), and subdivision and neigi~borhood
identification markers located on Landscaped Medians or Common Areas.
Section 8. "Common Personalty" shall mean and refer to any and
all items of personal property owned or leased by the Association for the
benefit of all Members or used by the Association in fulfilling its function and
carrying out its duties hereunder.
Section 9. "Declarant" shall mean and refer to Dimension-Brooks
Corporation, its successors and/or assigns if such successor or assigns
should acquire more than one (1) undeveloped Lot from the Declarant for the
purpose of development.
Section 10. "Property" or "Properties" shall mean and refer to that
certain real property hereinbefore described, and such additions thereto as
may hereafter be brought within the jurisdiction of the Association.
Section 11. "Owner" shall mean and refer to the owner of record,
whether one or more persons or entities, of a fee simple t~le to the surface
estate in any Lot which is a part of the Property, including contract sellers,
but excluding those having such interest merely as security for the perfor-
mance of an obligation.
Section 12. "Lot" shall mean and refer to any plot of land shown
upon any recorded subdivision map of the Properties with the exception of
the Common Area.
Section 13. "Restrictions" shall mean and refer to those certain
Covenants, Conditions, Reservations, and Restrictions hereinafter set forth.
Section 14. "Landscaped Areas" shall mean and refer to any and
all areas of land within the Lots which are required pursuant to the Develop-
ment Standards contained herein to be planted with grass, plantings, ground
cover, trees, hedges, and/or shrubs, and expressly excluding therefrom all
streets, buildings, parking areas, driveways, and pedestrian walkways,
35183 2985
' · .GRJ9ial 10-16-85
'J~RJ9:lc 01-22-86
Section 15. "Landscaped Median" shall mean and refer to the
landscaped median located within streets or rights-of-way dedicated to the
public located within the Property.
Section 16. "Landscaping" shall mean and refer to growing plants,
including grass, plantings, vines, ground cover, trees, hedges, shrubs, and
the like.
ARTICLE II
PROPERTY
Section 1. PROPERTY. The real property initially covered by this
Declaration is described on Exhibit "A" attached hereto and incorporated
herein by reference for all purposes. The Property shall be owned, held,
leased, transferred, sold, occupied, mortgaged, encumbered, and/or conveyed
by Declarant and any subsequent Owner of all or any part thereof; subject to
this Declaration and the Covenants, Restrictions, and Development Standards
as set forth herein.
Section 2. ADDITIONS TO THE PROPERTY SUBJECT TO DECLA-
RATION . If Declarant or any other person, firm, or corporation is the owner
of any property which it desires to add or annex to the scheme of this Decla-
ration, it may do so by filing of record a Supplemental Declaration, which
shall extend the scheme of the Covenants, Restrictions, and Development
Standards and of this Declaration to such additional property; PROVIDED,
HOWEVER, that such Covenants, Restrictions, and Development Standards as
applied to the property which is so added or annexed may be altered or
modified by said Supplemental Declaration; and PROVIDED FURTHER, if
property is added or annexed to the scheme of this Declaration by any per-
son, firm, or corporation other than Declarant, the Association, acting by
and through its Board of Directors, must give written consent thereto.
Section 3. CONTENTS OF SUPPLEMENTAL DECLARATION. Each
Supplemental Declaration shall include a legal description of the property
added and shall designate said area so as to differentiate each such area
added from others areas within the Property. Such Supplemental Declaration
shall set forth the development standards and protective covenants to which
the added or annexed properties shall be subject, and such development
standards and protective covenants may contain additions, deletions, and
modifications from those contained in this Declaration as may be necessary to
reflect the different character, if any, of the added or annexed properties.
Further, such Supplemental Declaration may contain additions, deletions, or
modifications to Article I form definitional purposes and to Article II for
purposes of defining the added or annexed property. Except as set forth
above or hereinafter, such Supplemental Declaration shall not revoke, modify,
or change any other provision contained within this Declaration, nor shall
such Supplemental Declaration revoke, modify, or add to the Development
Standards and Protective Covenants established by this Declaration, nor
revoke, modify or add to the development standards and protective covenants
established by previously filed Supplemental Declarations~s they apply to
previously added or annexed property.
Section 4. MERGER OR CONSOLIDATION. Upon a merger or
consolidation of the Association with another association, its properties,
rights, and obligations may, by operation of law, be transferred to another
surviving or consolidated association, or, alternatively, the properties,
rights, and obligations of another association may, by operation of law, be
~dded to the Property, r:Dht.=, ;~.d o[:!ig'.~+,i~;~ o~ [he Associatiun as a ~ur-
riving corporation pursuant to a merger. The surviving or consolidated
association may administer the Covenants, Restrictions, and Development
Standards established by this Declaration and any Supplemental Declaration
within the properties together with the covenants and restrictions established
upon any other properties as one scheme. No such merger or consolidation,
however, shall effect any revocation, change, or addition to the Covenants,
Restrictions, and Development Standards established by this Declaration or
any Supplemental Declaration pertaining to the properties except as herein-
after provided.
88183
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ARTICLE III
PROPERTY RIGHTS
Section 1. ASSOCIATION. The Association is hereby granted an
easement and right-of-way and to the Common Areas for the purposes stated
in the 'definition of Common Areas set forth hereinabove, subject to the
provisions of these Restrictions.
Section 2. EASEMENTS OF ENJOYMENT. Subject to the provisions
of Section 3 hereof, every Member of the Association shall have the right and
easement of enjoyment in and to the Common Areas.
Section 3. EXTENT OF EASEMENTS. The rights and easements of
enjoyment created hereby shall be subject to the following:
a. The right of the Association to prescribe rules and regulations for the
use, enjoyment, and maintenance of the Common Areas;
be
The right of the Association to sell, dedicate, or otherwise convey the
Common Areas, or any part thereof, provided such sale or conveyance is
approved by a two-thirds (2/3) majority of the total eligible votes of the
membership of the Association, voting in person or by legitimate proxy,
at a meeting duly called for such purpose, written notice of which shall
be given to all members at lease thirty (30) days in advance of the
meeting and shall set forth the purpose of the meeting. Dedication of
public utility easements can be approved by the Board and does not
require the approval of the Members;
c. The right of the Association to borrow money for the purpose of improv-
ing the Common Areas, or any part thereof, and to mortgage the Com-
mon Areas, or any part thereof;
d. The right of the Association to take such steps as are reasonably neces-
sary to protect the Common Areas, or any part thereof, against fore-
closure;
e. (i)
The right of the Association to suspend the easements of enjoyment
of any Member of the Association during which time any.assessment,
as hereinafter described, remains unpaid, and for any period not to
exceed thirty (30) days for any infraction of its published rules
and regulations;
[ii)
The right of the Association to suspend the voting rights and right
to use of the recreational facilities by an owner for any period
during which any assessment against his Lot remains unpaid; and
for a period not to exceed sixty (60) days for any infraction of its
published rules and regulations;
fo
No Owner shall plant, place, fix, install, or construct or remove any
vegetation, hedge, tree, shrub, fence, wall, structur~ or improvement
on the Common Areas, either in whole or in part, ~without the prior
written consent of the Association. The Association may, without liabil-
ity to the Owner or Owners, remove anything placed on the Common
Areas in violation of the provisions of this subsection and recover the
cost of such removal from the Owner(s) responsible.
g. INTENTIONALLY OMITTED.
Secti~on 4.1 DELEGATION OF USE. Any Owner 'may delegate, in
accordance with the Bylaws, its right of enjoyment to the Common Area and
facilities to its tenants, contract purchasers, guests, invitees, licensees, or
employees working upon the Property.
Section 5. IN,TENTIONALLY OMITTED.
'.j6183 2987
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ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. MEMBERSHIP. Each and every Owner of record of a
Lot, or subdivided portion thereof, shall automatically become and must
remain a Member in 9ood standing of the Association. Membership in the
Association shall be appurtenant to and may not be separated from ownership
of a Lot. Any transfer of title to a Lot, or subdivided portion thereof, shall
operate automatically to'transfer membership in the Association appurtenant to
such Lot to the new Owner thereof.
Section 2. CLASSES OF VOTING MEMBERS.
have two (2) classes of voting membership:
The Association shall
Class A.
Class A members shall be all Owners with the exception of the
Declarant and shall be entitled to one (1) vote for each Lot owned.
When more than one (1) person holds an interest in any Lot, all
such persons shall be members. 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 Lot.
Class B.
The Class B member(s) shall be the Declarant and shall be entitled
to three (3) votes for each Lot owned. The Class B membership
shall cease and be converted to Class A membership the happening
of either of the following events, whichever occurs earlier:
(a) when the total votes outstandings in the Class A membership
equal the total votes outstanding in the Class B membership,
or
(b) on December 31,' 1999.
Section 3. VOTING, QUORUM, AND NOTICE REQUIREMENTS.
Except as set forth hereinafter, the vote of the majority of the votes entitled
to be cast by the Members present, or represented by legitimate proxy, at a
legally constituted meeting at which a quorum is present, shall be the act of
the Members of the meeting. The number of votes present at a meeting that
will constitute a quorum shall be as set forth in the Bylaws of the Asso-
ciation, as amended from time to time. Notice requirements for all action to
be taken by the Members of the Association shall be as set forth herein or in
its Bylaws, as the same may be amended from time to time.
Section 4. ASSIGNABILITY OF VOTING RIGHTS. Any Owner may
collaterally assign its voting rights to the beneficiary of a first lien deed of
trust or first mortgage covering the Lot or subdivided part thereof owned by
an Owner as additionally securitY, which assignment shall not be effective
until written notice thereof is actually received by the Association, together
with evidence of said beneficiary's or mortgagee's entitlement to cast said
votes.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION
OF ASSESSMENTS .
A. The Declarant, for each Lot owned within the Properties, hereby cove-
nants, and each Owner of any Lot by accel~tance of.. a deed there, for, whether
or ~'~ it shaJl De so expressed in such deed, is deemed to covenant and
agree to pay to the Association: (1) annual assessments on charges, and (2)
special assessments for capital improvements, such assessments to be estab-
lished and collected as hereinafter provided. The annual and special assess-
ments, together with interest, costs, and reasonable attorney's fees, shall be
a charge on the land and shall be a continuing lien upon the property against
which each assessment i~ made. Each such assessment, together with inter-
est, costs, and reasonable attorney's fees, shall also be the personal
obligation of the person who was the Owner of such property at the time
5
,'36183 2988
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· 'G R J9: lc 01-22-86
when the assessment fell due. The personal obligation for delinquent assess-
ments shall not pass to his successors in title unless expressly assumed by
them.
B. Notwithstanding the foregoing Section 1 A., it is understood that the
assessments provided for in this Declaration may be insufficient to cover all
of the operating expenses of the Association. Declarant intends to fund such
operating deficits of the Association but it is specifically and expressly stated
and understood herein that Declarant shall in no way be obligated to fund
any such Association deficits. However, in the event Declarant elects to fund
said operating deficits and during any period of time that Declarant is fund-
ing the Association's operating deficits then Declarant shall have the right to
cast all votes from time to time held by any member(s) of the Association as a
Class A member. Declarant hereby is granted an irrevocable proxy to cast
all votes of, for and in the Association as a Class A member thereof if and so
long as Declarant is funding the Association's operating deficits, if such there
be, and the Association is and the members thereof are hereby bound to issue
and execute new proxies, in favor of Declarant, at such time and from time to
time as such proxies may be required. In the event Declarant does elect to
fund the deficits described herein, Declarant shall fund only the difference
between the cost of those expenses giving rise to the deficits and any
amounts received by the Association through assessments or otherwise.
Declarant may, however, merely elect to pay assessments only on the Lots
owned by Declarant. In no event shall Declarant be obligated to pay assess-
ments pursuant to-this Declaration during any time in which Declarant is
funding deficits as aforesaid.
.Section 2. PURPOSE OF ASSESSMENTS. The assessments levied
by the Association shall be used exclusively to promote the recreation,
health, safety, and welfare of the residents in the Properties and for the
improvement and maintenance of the Common Area, Common Facilities, Common
Landscape Facilities, Common Personalty and Landscaped Medians.
Section 3. MAXIMUM ANNUAL ASSESSMENT. Until January 1 of
the year immediately following the conveyance of the first Lot to an Owner,
the maximum annual assessment shall be One Hundred Twenty Dollars
($120.00) per Lot.
(a) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may
be increased each year not more than three percent (3%) above the maximum
assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may
be increased above three percent (3%) by a vote of two-thirds (2/3) of each
class of members who are voting in person or by proxy, at a meeting duly
called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum.
Section 4, SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS ,
In addition to the annual assessments authorized above, the Association may
levy, in any assessment year, a special assessment applicable to that year
only for the purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a capital improvement
upon the Common Area, including fixtures and person property related there-
to, provided that any such assessment shall have the assent of two-third_~
· (z/,~) oT the votes of each_class of members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 5. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED
UNDER SECTIONS 3 AND 4 . Written notice of any meeting called for the
purpose of taking any action authorized under Section 3 or 4 shall be sent to
all members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. At the first such meeting called, the presence of
members or proxies entitled to cast sixty percent (60~) of all the votes of
6
$6183 2989
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; GRJg: lc 01-22-86
each class of membership shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be
one-half (½) of the required quorum at the preceding meeting. No such
subsequent meetin9 shall be held more than sixty (60) days following the
preceding meeting.
Section 6. UNIFORM RATE OF ASSESSMENT. Both annual and
special assessments must be fixed at a uniform rate for all Lots and may be
collected on a monthly basis.
Section 7, DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS,
DUE DATES The annual assessments provided for herein shall commence as
to all Lots on the first day of the month following the conveyance of the
Common Area. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year, The Board of Directors
shall fix the amount of the annual assessment against each Lot at least thirty
(30) days in advance of each annual assessment period. Written notice of the
annual assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate signed by an
officer of the association setting forth whether the assessments on a specified
Lot have been paid.
Section 8. EFFECT OF NONPAYMENT OF ASSESSMENTS, REMEDIES
OF THE ASSOCIATION . Any assessment not paid within thirty (30) days
after the due date shall bear interest from the due date at the rate of eigh-
teen percent (18%) per annum. The Association may bring an action at law
against the Owner personally obligated to pay the same, or foreclose the lien
against the property. No owner may waive or otherwise escape liability for
the assessments provided for herein by nonuse of the Common Area or aban-
donment of his Lot.
Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES. The
lien of assessments provided for herein shall be subordinate to the lien of any
first mortgage. Sale or transfer of any Lot shall not affect the assessment
lien. However, the sale or transfer of any Lot pursuant to mortgage fore-
closure or any proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer.
No sale or transfeP shall relieve such Lot from Liability for any assessments
thereafter becoming due or from the lien thereof.
Section 10. EXEMPT PROPERTY. All properties dedicated to, and
accepted by, a local public authority and all properties owned by a charitable
or nonprofit organization exempt from taxation by the laws of the State of
Texas shall be exempt from the assessments created herein. However, no
land or improvements devoted to dwelling use shall be exempt from said
assessments.
ARTICLE VI
GENERAL DUTY, POWERS, AND AUTHORITY OF THE ASSOCIATION
Section 1. BOARD OF DIRECTORS. The affairs of the Association
shall be managed by a Board of Directors which has been or will be estab-
lished and which shall conduct regular and special meetings according to the
provisions of the Bylaws of the Association. The number of Directors and
the initial members of the Board of Directors shall be set forth in the Articles
of Incorporation of the Association.
Section 2. DUTY OF THE ASSOCIATION. In~ addition to the
powers and authority 9ranted to it by its Articles of Incorporation or this
Declaration, and without limitin9 the generality thereof, the Association shall
have the duty to operate, maintain, or otherwise manage or provide for the
operation, maintenance, or management of the Common Areas, Common Facil-
ities, Common Landscai~e Facilities, Common Personalty, and Landscaped
Medians. Such responsibilities shall include, but not be limited to, mowing,
pruning, fertilizing, preservation and replacement of the landscaping, and the
'.J6 183 2990
.GRJ9!al 10-16-8§
..GRJg:Ic 01-22-86
upkeep and maintenance of sprinklers, irrigation mains and laterals, sprinkler
heads, equipment, water pumps, signs, lighting, plantin9 boxes, ponds,
lakes, and other landscape amenities and improvements, located in such areas.
Section 3. POWERS AND AUTHORITY OF THE ASSOCIATION. The
Association shall have all of the powers of a nonprofit corporation organized
under the Nonprofit Corporation Act of the State of Texas, subject only to
such limitations upon the exercise of such powers as are expressly set forth
in the Articles of Incorporation, the Bylaws, or this Declaration. It shall
have power to do any and all lawful things which may be authorized,
required, or permitted to be done by the Association under this Declaration,
the Articles of Incorporation, and the Bylaws, and to do and perform any and
all acts which may be necessary or proper for or incidental to the exercise of
any of the express powers of the Association, including without limitation:
a. To levy and collect assessments on the Owners of Lots and to enforce
payment of such assessments, all in accordance with this Declaration;
b. To enter into contracts with Owners of Lots to provide landscape mainte-
nance services to such Owners for a fee;
c. To enter into contracts with Owners of Lot to provided any other ser-
vices to such Owners for a fee;
do
To enter into contracts with municipal entities to provide landscape
maintenance services within Landscaped Medians or other rights-of-way
dedicated to the public;
eo
To make reasonable rules and regulations for the operation of the Com-
mon Areas, Common Facilities, Common Landscape Facilities, Common
Personalty, and Landscaped Medians as specified herein and to amend
them from time to time, provided that any rule or regulation may be
amended or repealed by an instrument in writing signed by the' Owners
of a majority of the total eligible votes of the membership of the Asso-
ciation;
f. To enter into agreements or contracts with insurance companies with
respect to insurance coverage for the benefit of the Association;
g. To enter into agreements or contracts with utility companies with respect
to utility installation, consumption, and service matters;
he
To borrow funds to purchase property, real and personal, relating to
the operations of the Association and to pay costs of operations secured
by assignment or pledge of rights against delinquent Owners, if the
Board sees fit;
i. To enter into contracts, maintain one or more bank accounts, and,
generally, to have all the powers necessary or incidental to the operation
and management of the Association;
j. To sue or defend in any court, administrative agency, or other tribunal
on behalf of the Association and its members;
k. To provide adequate reserves for repairs and replacements;
To make available to each Owner within sixty (60) days after the end of
each year an annual report and, upon written request of one-third (1/3)
of the Me.0~b. ers, to have such r'cport audited by an i..~Jependent ce~'tified
public accountant, which audited report shall be made available to each
Members withi'n thirty (30) dayS'after completion;
me
Pursuant to Article VII herein, to adjust the amount, collect, and use
any insurance proceeds to repair damage or replace lost property; and if
proceeds are insufficient to repair damage or replace lost property, to
assess the Members in proportionate amounts to cover the deficiency;
8
36183 2991
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ne
Oe
To suspend the voting rights of a Member for any period during which
any assessment against such Member's Lot remains unpaid;
To provide or cause to be provided to the Association and its Members
security services with respect to the Property or the Lots contained
therein;
To provide or cause to be provided to the Association and its Members
communication systems, including cable network, serving the Property or
the Lots contained therein;
To employ a manager or firm to manage the affairs and property of the
Association, to employ independent contractors, or such other employees
as it may deem necessary, and to prescribe their duties and to set their
compensation;
To retain the services of legal and accounting firms;
To enforce the provisions of this Declaration any any rules made here-
under and to enjoin and/or seek damages from any Owner for violation of
such provisions or rules;
To contract with any Owner (including without limitation the Declarant)
for performance, on behalf of the Association, of services which the
Association is otherwise required to perform pursuant to the terms
hereof, such contracts to be upon such terms and conditions and for
such consideration as the Board may deem proper, advisable, and in the
best interest of the Association; and
To take any and all other actions and to enter into any and all other
agreements as may be necessary or proper for the fulfillment of the
purposes set forth herein or for the enforcement of the Covenants,
Restrictions, and Development Standards.
Section 4. LIABILITY LIMITATIONS. Neither any Member, nor the
Board of Directors (nor any of them), nor the officers of the Association
shall be personally liable for debts contracted for or otherwise incurred by
the Association or for a tort of another Member, whether or not such other
Member was acting on behalf of the Association or otherwise. Neither the
Declarant, the Association, its Directors, officers, agents, or employees shall
be liable for any incidental or consequential damages for failure to inspect
any premises, improvements, or portions thereof or for failure to repair or
maintain the same. The Declarant, the Association, or any other person,
firm, or association liable to make such repairs or maintenance shall not be
liable for any personal injury or other incidental or consequential damages
occasioned by any act or omission in the repair or maintenance of any prem-
ises, improvements, or portions thereof.
Section 5. RESERVE FUNDS. The Board, in its discretion, may estab-
lish reserve funds which shall be maintained and accounted for separately
from other funds maintained for annual operating expense ~nd may establish
separate, irrevocable trust accounts in order to better demonstrate that the
amounts deposited therein are capital contributions and not net income to the
Association. The Reserve Fund shall be established to replace equipment,
etc., depreciated over time. Declarant shall not be obligated, to pay any
portion of the reserve fund if Declarant has elected to fund deficits according
to Section 1 B. of Article V hereof.
ARTICLE V*'
INSURANCE'; REPAIR AND RESTORATION
Section 1. RIGHT TO PURCHASE INSURANCE. The Association shall
have the right and option to purchase, carry, and maintain in force insurance
covering the Association, the Committee, and any or all portions of the Com-
mon Areas, Common Facilities, Common Personalty, Landscaped Medians,
and/or Common Landscape Facilities, and any improvements thereon or appur-
tenant thereto, and any other property owned or leased by the Association,
9
: 6183 2992
.GRJg:'al 10-16-85
GRJ9: lc 01-22-8G
for the benefit of the Association, the Committee, the Members, the Board of
Directors, agents, and employees of the Association, in such amounts and
with such endorsements and coverage as shall be considered, in its sole
discretion, to be 9ood, sound insurance coverage for activities or properties
similar in location, character, construction, or use. Such'insurance may
include, but need not be limited to:
Comprehensive public liability and property damage insurance on a broad
form basis, including coverage of personal liability (if any) of the Own-
ers and Members with respect to the Common Areas, Landscaped Median,
and Common Landscape Facilities;
b. Fidelity bond for all directors, officers, and employees of the Association
having control over the receipt or disbursement of funds.
Section 2. INSURANCE PROCEEDS. The Association and the Members
shall use the net insurance proceeds to repair and replace any damage or
destruction of property, real or personal, covered by such insurance. Any
balance from the proceeds of insurance paid to the Association, as required in
this Article, remaining after satisfactory completion of repair and replacement,
shall be retained by the Association as part of the general reserve fund for
repair and replacement of the Common Areas, Landscaped Median, and Com-
mon Landscape Facilities.
Section 3. INSUFFICIENT PROCEEDS. If the insurance proceeds are
insufficient to repair or replace any loss or damage, the Association may levy
a special assessment, as provided for in Article V of this Declaration to cover
the deficiency.
ARTICLE Vlll
ARCHITECTURAL CONTROL COMMITTEE
Section 1. COMMITTEE. The Association shall have an Architectural
Control Committee (the "Committee"), which shall consist of three (3) or more
members who shall be natural persons and who shall appoint amongst them-
selves one member who shall be chairman.
Section 2. APPOINTMENT OF THE COMMITTEE~ MEMBERSHIP AND PRO-
CEDURE . The members of the Committee shall be appointed and/or removed
as follows:
ao
Until eighty percent (80~6) of the land area within the Property (includ-
ing any additions or annexations thereto) has been sold and conveyed by
Declarant to third party purchasers of Lots, or until December 31, 1999,
whichever is the earlier to occur, Declarant shall have the exclusive
power and right to appoint and remove the members of the Committee
and to fill vacancies thereon.
be
After eighty percent (8C]eo) of the land area within the Property (includ-
ing any additions or annexations thereto) has been solid, or conveyed by
De~_larant to third parties, or after December 31, lg99, whichever is
earlier to occur, the Board shall have the exclusive right and power at
any time and from time to time to appoint and remove members of the
Committee and to fill vacancies thereon.
Co
A majority of the committee may elect successors, in event of resignation
or vacancy, or designate a representative to act for it at any time or for
any period. In the event of death or resignation of any member ~.~ the
committee, the remaining members shall have full authority to designate a
successor; a resignation is effective when given in writing to
Dimension-Brooks Corporation or its successors. Neither the members of
the committee, or its designated representative shall be entitled to any
compensation for services performed pursuant to this covenant. The
powers and duties of such committee and of this designated representa-
tive and requiremen~c of this covenant shall cease on and after December
31, 1999; provided, however, that any any time the then record owners
of a majority of the lots in this subdivision shall have the'power through
10
96193 2993
.GRJ9:al 10-16-85
' GRJg:lc 01-22-86
a duly recorded instrument to extend the period during which the com-
mittee shall exercise the powers and duties herein defined. The commit-
tee's approval or disapproval as required in these covenants shall be in
writing. In the event his committee, or its designated representative,
fails to approve or disapprove within twenty (20) days after plans and
specifications have been submitted to it, or in any event, if no suit to
enjoin the construction has been commenced prior to the completion
thereof, approval will not be required and the related covenants shall be
deemed to have been fully complied with. There shall be no review of
any action of the Architectural Control Committee except by procedures
for injunctive relief when such action is patently arbitrary and capri-
cious; and under no circumstances shall such committee be subject to
any suit by anyone for damages.
Section 3. FUNCTION OF THE COMMITTEE. No building shall be
erected, placed, or altered on any lot until the construction plans and a plot
plan showing the location of the structures have been approved by the Archi-
tectural Control Committee as to general compatibility of external design with
existing structures, and as to location with respect to topography and finish
grade elevation. In considering the harmony of external design between
existing structures and the proposed building being erected, places, or
altered, the Architectural Control Committee shall consider only the 9eneral
appearance of the proposed building as that can be determined from front,
rear, and side elevations on submitted plans. The Architectural Control
Committee's consideration of the general appearance of the proposed building
shall also specifically include without limitation consideration of landscaping,
irrigation, exterior lightin9, fencing and walls, etc., if applicable. Consid-
erations such as size, set back, cost and other specific objective requirements
are separate and apart from the function of the Architectural Control Commit-
tee. The Committee's objective is to prevent unusual, radical, uncommon,
curious, odd, extraordinary, bizarre, peculiar or irregular designs or
appearances from bein9 built in the subdivision. Any application for any
buildin9 planned for any Lot not approved by the Architectural, Control
Committee shall be modified and amended in accordance with the comments and
decision of the Committee prior to its being resubmitted for consideration.
There shall be no limit to the number of times that the Architectural Control
Committee can reject construction plans for any building or structure.
Section 4. MODIFICATIONS AND CHANGES. Declarant reserves the
right to modify and change the conditions contained in Article IX for any
additional land made subject to the Declaration if such modifications and
changes in Declarant's judgment will result in a more common beneficial use
and enhance the overall development plan for the Property, but nothing
contained herein shall permit Declarant to modify or change conditions appli-
cable to the Property or any additional land heretofore made subject hereto,
except as provided elsewhere in this Declaration.
Section 5. LIMITATION OF LIABILITY. The Committee shall not be
liable in damages or otherwise to anyone submitting plans and specifications
for approval or the any Owner of a Lot or parcel of land in the Property by
reason of mistake of judgment, negligence, or nonfeasance a~i. sing out of or in
connection with the approval or disapproval or failure to ~pprove or disap-
prove any plans or specifications.
ARTICLE IX
DEVELOPMENT STANDARDS AND PROTECTIVE COVENANTS
Section 1. USES RESTRICTIONS AND EASEMENTS.
PERMITTED USES. :.~:~Lots in the Villages of Coppell 'shall be known and
described as single-family residential lots only.
be
PROHIBITED USES. The following uses are prohibited within the Prop-
erty, except for certain reasonable activities and uses which may exist
during any reasonable period of construction of improvements on any
portion of the Property. The Committee's determination as to whether
11
' ]6193 299
; .GRJ9:al
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10-16-85
01-22-86
any use within the Property is prohibited pursuant to this Section b
shall be final and conclusive:
any illegal, noxious, or offensive activity of any kind and nothing
shall be done thereon which may be or become an annoyance or
nuisance in the neighborhood;
o
any use which is offensive by reason of odor, fumes, vibrations,
dust, smoke, radiation, noise, or pollution, or that is hazardous by
reason of excessive danger of fire or explosion;
any use which may cause or produce a nuisance as to any other
portion of the Property;
trailer court, slaughterhouse, tannery, cannery, manufacturing
facility, barn, stables, cemetery, junk yard, scrap metal yard or
waste material collection, storage and distribution, any dumping,
disposal, incineration or reduction of garbage or refuse (not includ-
ing, however, garbage collection or compaction devises which tem-
porarily hold refuse for disposal offsite), or any fire or bankruptcy
sale or auction house operation;
establishments featuring topless, bottomless, or totally nude per-
formers, waitresses, waiters, or other personnel, or which provide
visual recorded entertainment featuring nude or partially nude
persons performing or simulating sexual acts; businesses which
regularly show X-rated movies or pornographic movies or sell
pornographic material; businesses which operate as massage parlors,
pool halls, or amusement parlors;
no animals, livestock, or poultry of any kind shall be raised, bred
or kept on any lot, except that dogs, cats or other household pets
may be kept provided that they are not kept, bred, or maintained
for any commercial purpose.
7. open exterior storage of any goods or materials;
storage of oil, gasoline, or other flammable liquid in bulk of more
than fifty-five (55) gallons gross capacity except in underground
storage tanks;
o
overnight parking of large trucks (one ton or larger in size);
uses in violation of the laws of the United States or of the State of
Texas or any political subdivision thereof, including applicable
zoning ordinances of the City of Coppell, Texas;
11.
further subdivision of parcels of land without the prior written
approval of the Committee;
12.
the agricultural use of any unimproved lot or ~.arcel of ground
except with the express written consent of the Committee.
13.
14.
no oil drilling, oil development operations, oil refining, quarrying
or mining operations of any kind shall be permitted upon or in any
lot, nor shall oil wells, tanks, tunnels, mineral excavations or.
shafts be permitted upon or in any lot. No derrick or other struc-
ture designed for use in boring for oil or nature gas shall be
erected, maintained or permitted upon any lot
no building shall be placed nor shall ahY'"'material or refuse be
placed or stored on any lot within twenty (20) feet of the property
line of any park or edge of any open water course, except that
clean fill may be placed nearer provided that the natural water
course is not altered or blocked by such fill.
15.
no building shall be erected, placed, or altered on any lot until the
construction plans and specifications and a plan showing the
12
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Co
location of the structure have been approved by the Architectural
Control Committee as to quality of workmanship and materials,
harmony of external design with existing structures, and as to
location with respect topography and finish grade elevation. No
fence or wall shall be erected, placed or altered on any lot nearer
to any street than the minimum building setback line unless sim-
ilarly approved. Approval shall be as provided in Article VIII
herein.
16.
no structure of a temporary character, trailer, basement, tent,
shack, garage, barn, or other outbuilding shall be used on any lot
at any time as a residence either temporarily or permanently.
17.
no sign of any kind shall be displayed to the public view on any lot
except one professional sign of not more than one (1) square foot,
one (1) sign of not more than five (5) square feet advertising the
property for sale or rent, or signs used by a builder to advertise
the property during the construction and sales period.
18.
no individual sewage-disposal system shall be permitted on any lot
unless such system is designed, located and constructed in accor-
dance with the requirements, standards and recommendations of the
State of Texas or local public health authority in the City of
Coppell. Approval of such system as installed shall be obtained
from such authority.
19.
20.
no individual water-supply system shall be permitted on any lot
unless such system is located, constructed and equipped in accor-
dance with the requirements, standards and recommendations of
State of Texas or local public health authority in the City of
Coppell. Approval of such system as installed shall be obtained
from such authority.
no lot shall be used or maintained as a dumping ground for rub-
bish. Trash, garbage or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a clean and
sanitary condition.
MINERAL EXCEPTION AND SURFACE WAIVER. There is hereby except-
ed from the Property all oil, gas, and other minerals in, on, and under
the Property which have not been previously reserved, but Declarant
(a) hereby waives, for itself, its successors, legal representatives, and
assigns, and will confirm such waiver in each Deed of a Tract, its right
to use the surface of the Property for exploration for, or development or
production of oil, gas, and other minerals; and (b) agrees for itself, its
successors, and assigns (including, without limitation, any lessee(s) of
all or any portion of the mineral estate of the Property) that no portion
of any well shall be drilled under and/or through the Property at a
depth o~< less than three hundred (300) feet, or bottomed or completed
under the Property at a depth less than two thousand: (2,000) feet, in
each instances as measured vertically from the nearest point located on
the surface of the Property.
13
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ao
Section 2. SITE PLANS.
DWELLING COSTf QUALITY AND SIZE. No dwelling exclusive of ga-
rages, open porches, or patios, shall be permitted on any lot in this
subdivision at a cost of less than Thirty-Five Thousand Dollars
($35,000.00), based upon cost levels prevailing on the date these cove-
nants are recorded. Said minimum improvement cost limitations are to be
revised proportionately as of the date of actual construction of such
improvements on each building site, respectively, to accord with the
relative change in the Federal Home Loan Bank Board Index of Residen-
tial Building Costs in Dallas County, Texas. If such index values are
not available at the time of actual construction, then said minimum im-
provements limitations above provided shall be revised in accordance with
some suitable recognized index showing fluctuations in building costs.
The minimum floor area of the main structure, measured to the outside of
exterior walls, exclusive of garages, open porches, patios and detached
accessory buildings, shall be not less than one thousand t. welve hundred
(1200) square feet for one-story dwellings.
bo
MINIMUM MASONRY 75'/.. For all purposes of these Restrictive Cove-
nants, masonry includes brick or other nonflammable material as ap-
proved by the Architectural Control Committee. A minimum of seven-
ty-five percent (75%) of the first floor wall area to top of first floor
window height and exclusive of openings shall be of masonry or masonry
veneer construction, but in no case shall there be less than front and
two sides masonry; split-level and multi-level construction shall also be
no less than seventy-five percent (75%) mansonry as stated herein.
TWO CAR CARPORT GARAGE REQUIRED. Each dwelling constructed in
this subdivision shall have a garage or carport suitable for parking two
(2) standard size automobiles, which conforms in design and materials
with the main structure.
d. DRIVEWAYS. All driveways in the subdivision shall be surfaced with
concrete, asphalt or other similar substance. The decision of Architec-
tural Control Committee to allow a variance in driveway location is final.
e. BOAT AND TRAILER PARKING. No boat, trailer, camper body or
similar vehicle shall be parked for storage in the driveway or front yard
of any dwelling, nor shall any such vehicle be parked for storage in the
side yard of any dwelling unless parked to the rear of a screen fence.
f. LOT AREA AND WIDTH. INTENTIONALLY OMITTED.
g. WAIVER OF FRONT SETBACK REQUIREMENT.~. With written approval of
the Architectural Control COmmittee, any building may be located further
back from the front property line of a lot than provided in subpara-
graph I below, where in the opinion of the said committee, the proposed
location of the building will add to the appearance and value of the lot
and will not substantially detract from the appearanoCi[~ of the adjoining
lots. Garage locations may vary upon the approval 'the Architectural
Control Committee. Should the plot plan or plat showing location of the
proposed structure indicate on its fact that a variance is sought to
needed, approval of the plans, without conditions attached, shall include
approval of such variance.
EASEMENTS. (a) Easements for installation and maintenance of utilities
and drainage facilities are reserved as shown on the recorded plat.
acceptance o~ a deed t~o any one or .mo~e of th above lots, the owner
thereof covenants and-"~agrees to keeP:::an'd maintain in a neat and clean
condition any easement which may traverse a portion of the lot conveyed
by deed, including the keeping of weeds and grass mowed within such
area. Also, an (8-inch) brick lug and brick wall easement on each side
of each lot, and a (4.5 foot) roof overhand easement on each side of
each lot is hereby p~ovided and reserved.
14
56t 83 2997
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(b) Easements for installation and maintenance of utilities and drainage
facilities are reserved as shown on the recorded plat and over the rear
five feet of each lot. Within these easements, no structure, planting or
other material shall be placed or permitted to remain which may damage
or interfere with the installation and maintenance of utilities, or which
may change the direction of flow of drainage channels in the easements.,
or which may obstruct or retard the flow of water through drainage
channels in the easements. The easement area of each lot and all im-
provements in it shall be maintained continuously by the owner of the
lot, except for those improvements for which a public authority or utility
company is responsible.
PROTECTIVE SCREENING. Protective screening areas are established as
shown on the recorded plat. Except as otherwise provided herein re-
garding street intersections under "Sight Distance at Intersections",
planting, fence or walls shall be maintained throughout the entire length
of such areas by the owner or owners of the lots at their own expense
to form an effective screen for the protection of the residential area.
No building or structure except a screen fence or wall or utilities or
drainage facilities shall be placed or permitted to remain in such areas.
No vehicular access over the area shall be permitted except for the
purpose of installation and maintenance of screening, utilities and drain-
age facilities.
SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub
planting which obstructs sight lines at elevations between two (2) and
six (6) feet above the roadways shall be placed or permitted to remain
on any corner lot within the triangular area formed by the street prop-
erty lines and a line connecting them at points twenty-five (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 lines ex-
tended. The same sight-line limitations shall apply on any lot within ten
(10) feet from the intersection of a street property line with the,edge of
a driveway or alley pavement. No tree shall be permitted to remain
within such distances of such intersections unless the foliage line is
maintained at sufficient height to prevent obstruction of such sight
lines.
SLOPE CONTROL AREAS. INTENTIONALLY OMITTED.
BUILDING LOCATION.
No building shall be located on any lot nearer to the front lot line or
nearer to the side street line than the minimum building setback lines
shown on the recorded plat.
LOT AREA AND WIDTH. INTENTIONALLY OMITTED.
BUILDINGS PREVIOUSLY CONSTRUCTED ELSEWHERE. No building
previously constructed elsewhere shall be moved onto any lot in this
subdivision unless said building, or structure is to ~e used by the
Declarant as a temporary sales office. ·
RADIO AND TELEVISION ANTENNA. Any radio, television antenna
and/or satellite dishes erected on any building in this subdivision shall
not extend more than five (5) feet above the highest part of the roof of,
that respective dwelling, shall not be located on the front part of the
dwelling, and shall not be located on the side of the dwelling nearer
than ten (10) feet to the front w;~ll line of the respective dwelling.
satellite dishes mu~.t be enclosed in,landscaping or~:s¢~'eened walls or
fences such that~sa~t satellite diS'h'~: Will not be visible from any point
outside of the lot lines of the Lot said satellite dish is located on.
SIDEWALKS. Street sidewalks shall be constructed in accordance with
requirements of the. City of Coppell in existing ordinances, including
subdivision development ordinance.
15
,36183 2998
. GRJg':al 10-16-85
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qo
LOT MAINTENANCE. The owners or occupants of all lots shall at all
times keep weeds and grass thereon cut in a sanitary, healthful and
attractive manner,
r. LANDSCAPING.
Plans: No plans for any building, structure, paving, or other improve-
ment to be erected, placed, or altered in or upon any tract shall be
approved by the Committee unless there shall also have been submitted
separate, typical landscaping plans, satisfactory to the Committee, to
include plant material and landscape construction to be installed on the
site, and to include complete plans for an underground irrigation system
for all planted areas. Landscaped plans and irrigation systems must be
designed by a registered landscape architect unless otherwise approved
by the Committee.
Landscape Treatment: Landscape treatment of the site shall be in the
form of grass lawns and ground covers, shade trees in parking areas,
street trees, ornamental trees, plantings in areas used as dividers and
in any areas of limited use. All plant material will conform to the Ameri-
can Standard for Nursery Stock (1973 edition). Landscaping shall be
used to mark entrance points and parking areas. It shall be used to
shield or define service areas and property divisions, and to enhance
building scale and forms.
3. Installation: Landscaping in accordance with the plans submitted and
approved by the Committee must be installed within thirty (30) days
following the completion of the building or as soon as practicable allowing
for the seasons of the year, but in no event later than one hundred
eighty (180) days following completion of the building. Landscaping
which has been installed on any property must be properly maintained at
all times.
4. Irrigation System: INTENTIONALLY OMITTED
Minimum Landscaping for Street Frontages: Landscaping shall be
required in an area forward of the building or paving areas and adjacent
to the street rights-of-way to a depth not less than Paving Setback
Line, as required in the City of Coppell Streetscape Ordinance.
6. Front Yard Landscaping: INTENTIONALLY OMITTED·
7. Grass and Sod: All sites shall have properly maintained grass along the
front of each property between the street curb and the building. Where
erosion is expected to occur due to topography of the site, either natu-
ral or manmade, solid sod shall be used at any location in the landscape
where potential erosion problems may occur. Solid sod shall be of the
same type and quality as specified for the rest of the project site.
8. Expansion Property: INTENTIONALLY OMITTED.
9. Sight Line Requirements: Landscape treatment shall n~t interfere with
sight line requirements at street or driveway intersections.
10. Design for Ease of Maintenance: All landscaping shall be designed for
reasonable maintenance and all landscaped areas shall be maintained in a
quality manner at all times. Retaining walls or terracing may be used in
areas where excessive maintenances would otherwise be required if
specifically approved by th~ Committee
11. SubstitutiOn '~f Trees or Plant Material: With" '~esp&~:t to the specific
types or sizes of trees and plant material required herein to be planted
on the Lots, should such types of trees or sizes of trees or plant mate-
rial cease to become generally available, then the Committee shall have
the right, in its sole discretion, to designate appropriate substitute
trees or plant 'material substantially similar in quality and size to the
trees or plant material for which substitution is being made.
16
36l 83 2999
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ARTICLE X
MAINTENANCE
Section 1. DUTY OF MAINTENANCE. Owners and occupants
(including lessees) of any Lot or portion thereof in the Property shall jointly
and severally have the duty and responsibility, at their sole cost and ex-
pense, to keep that part of the Property so owned or occupied, including
buildings, improvements, 9rounds or drainage easements, or other
rights-of-way incidental thereto, in a well maintained, safe, clean and attrac-
tive condition at all times. Such maintenance includes, but is not limited to,
the following:
a. Promptly removing all litter, trash, refuse and wastes;
bo
Lawn mowing on a regular basis, including the removal of all cut
debris on the lawn area and on hard surfaced areas adjacent to
lawn areas. The site shall be kept clean and neat in appearance at
all times;
c. Tree and shrub pruning;
do
Watering by means of a lawn sprinkler system and/or hand-watering
as needed;
e. INTENTIONALLY OMITTED;
f. Keeping exterior lighting and mechanical facilities in working order;
go
Keeping lawn and garden areas alive and attractive and any adjoin-
ing rights-of-way or drainage areas free of weeds or other unsight-
ly growth;
h. Removing and replacing any dead plant material;
Keeping vacant land well-maintained to a depth consistent with the
Building or Paving Setback Line, whichever is lesser, for the street
on which the property fronts, and the entire site free of trash and
tall weeds or other unsightly growth in excess of fifteen (15)
inches in height;
j. Keeping Parking areas, driveways and roads in good repair;
Complying with all governmental health and law enforcement re-
q u i rements;
Striping of parking areas and repainting of Improvements on a
reasonable time schedule; and
mo
Repairing exterior damages to Improvements within a reasonable time
period. ~.
Section 2. ENFORCEMENT. If, in the opinion of the Association,
any such Owner or occupant has failed in any of the foregoing duties or
responsibilities, then the Association may give such person written notice of
such failure and such person must, within ten (10) days after receiving such'
notice, perform the care and maintenance required. Should any such person
fail to fulfill this duty and responsibility within such period, then the Asso-
ciation through ~ts authorized agent or agents shaii have The right and power
to enter ont~:.ithe premises and 'perform such care and maintenance without
any liability for damages for wrongful entry, trespass, or otherwise to any
person. The Owners and occupants (including lessees) of a Lot or any part
of the Property on which such work is performed shall jointly and severally
be liable for the cost of such work and shall promptly reimburse the Asso-
ciation for such cost. ff such Owner 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, along with accrued interest at
the maximum rate allowed by law from the due date until paid, shall be a debt
17
6183 3000
.GRJgial 10-16-8§
G R J9: lc 01-22-86
of all said persons jointly and severally, and shall constitute a lien against
the Lot or that portion of the Property on which said work was performed.
Such lien shall have the same attributes as the lien for Assessments and
Special Assessments set forth in Article V, Section 10 above, which provisions
are incorporated herein by reference, and the Association shall have identical
powers and rights to enforce such lien in all respects, including, but not
limited to, the right of foreclosure.
ARTICLE Xl
SUB-ASSOCIATIONS
It is contemplated that Areas added to the scheme of this Declaration may
have or may later form their own property owners or condominium associations
in addition to the Association provided for herein. In this regard, any such
membership in and obligations created under any such associations shall be in
addition to membership in and obligations created under the Association
provided herein.
Prior to the filing of any declaration, protective covenants, restrictions, or
development standards with respect to any such additional associations, such
document must first be approved and signed by Declarant if filed prior to
December 31, 1999, and, if filed after December 31, 1999, must first be ap-
proved and signed by this Association acting through its Board of Directors.
Declarant and/or the Association shall specifically have the right to enforce
the provisions of any such declaration as if either or both were property
owners within such additional association.
ARTICLE Xil
MISCELLANEOUS PROVISIONS
Section 1. DURATION. This Declaration and the CoVenants,
Restrictions and Development Standards set forth herein shall run with and
bind the Property and shall inure to the benefit of every Owner of a. Lot in
the Property, including Declarant, and their respective heirs, successors and
assigns, for a term beginning on the date this Declaration is recorded and
continuing through and including December 31, 1999. Thereafter, this Decla-
ration and the Covenants, Restrictions and Development Standards set forth
herein shall automatically be extended for additional successive ten-year
periods unless terminated by majority vote of the Owners of the Lots in the
Property. The right of the Owners to terminate such Declaration and Cove-
nants, Restrictions and Development Standards at the conclusion of each
additional ten-year period shall exist as Ion9 as a majority vote for such is
expressed by the Owners. Owners may vote in person or by legitimate proxy
at a meeting duly called for such purpose, written notice of which shall have
been given to all Owners at least thirty (30) days in advance and shall set
forth the purpose of such meeting.
Section 2. AMENDMENT. This Declaration or any Supplemental
Declaration may be amended or modified at any time prior, to December 31,
1999, by seventy-five percent (75%) of the total eligible votes of the member-
ship of the Association (as provided for in Article IV hereof), with the votes
of both classes of membership being counted together; provided, however,
that Declarant consent thereto if such amendment or modification is to be
effective prior to December 31, 1999. Further, and notwithstanding any of.
the foregoing, Declarant shall have the absolute right, prior to December 31,
1999, to make minor changes or amendments to this Declaration or any Sup-
plemental Declaration in order to correct or clarify, only, any error,
omissions or ambiguities contained therei.n.....~.From and after December 31,
1999, this Declaration may be amended, mc~'cli~ed, or terminated at any time
by seventy-five percent (75%) of the total eligible votes of the membership of
the Association (as provided for in Article IV hereof), with the votes of both
classes of membership (if there are then separate classes in existence) being
counted together. .
In connection herewith, Members may vote in person or by legitimate proxy at
a meeting duly called for the purposes described in this Section 2 or by the
18
56183 3001
.GRJ9:'al 10-16-85
'G R J9: lc 01-22-86
execution of a written consent or approval of any such modification or amend-
ment. Written notice of such meeting shall be given to all members at least
thirty (30) days in advance and shall set forth the purpose of such meeting.
Any such amendment, modification, or termination shall become effective when
an instrument is filed for record in Dallas County, Texas, with the signatures
of the Owners representing the requisite number of votes of the membership
of the Association as set forth in this Section 2 (and the signature of
Declarant if prior to December 31, 1999).
Section 3. ENFORCEMENT. The Association or any Owner shall
have the right (but not the duty) to enforce any of the Covenants, Re-
strictions and Development Standards set out in this Declaration or any
Supplemental Declaration hereafter filed by Declarant or any subsequent
Owner. Enforcement of the Declaration and the Covenants, Restrictions and
Development Standards set forth herein shall be by any proceeding at law or
in equity against any person or persons violating or attempting to violate any
Covenant, Restriction or Development Standard, either to restrain violation or
to recover damages; provided, however, that the Owner of an undivided
interest-in any Lot shall have no right to enforce the collection of any As-
sessment levied against any other Owner under Article V hereof. Failure by
the Association or any Owner to enforce any such Covenant, Restriction or
Development Standard shall in no event be deemed a waiver of the right to do
so thereafter.
Section 4. SEVERABILITY OF PROVISIONS. If any paragraph,
section, sentence, clause or phrase of this Declaration shall be illegal, null or
void for any reason or shall'be held by any court of competent jurisdiction t
be illegal, null or void, the remaining paragraphs, sections, sentences,
clauses or phrases of this Declaration shall continue in full force and effect
and shall not be affected thereby. It is hereby declared that said remaining
paragraphs, sections, sentences, clauses and phrases would have been and
are imposed irrespective of the fact that any one or more other par~agraphs,
sections, sentences, clauses or phrases shall become or be illegal, null or
void.
Section 5. NOTICE. Whenever written notice to the Owners (in-
cluding Declarant) is required hereunder, such notice shall be given by the
mailing of same, postage prepaid, to the address of such Owners appearing
on the records of the Association (and as furnished to the Board by such
Owners). If notice is given in such manner, such notice shall be conclusive-
ly deemed to have been given by placing same in the United States mail,
postage prepaid, properly addressed, whether received by the addressee or
not.
Section 6. GOOD FAITH LENDER'S CAUSE. Any violation of these
Restrictions shall not affect any lien or deed of trust of record held in good
faith, upon any tract or any part thereof, which liens may be enforced in
due course, subject to the Covenants, Conditions and Restrictions contained
herein.
Section 7. MERGERS. Upon a merger or consolidation of the
Association with another association as provided in its Articles of Incorpo-
ration, its properties, assets, rights and obligations may be transferred to
another surviving or consolidated association, or, alternatively, the prop-
erties, assets, rights and obligations of another association may be trans-~
ferred to the Association as a surviving corporation. The surviving or
consolidated association shall administer any restrictions, together with any
declarations of co,/enants, conditic-n~,. ~nd -~ '~'~': ....
.~s~.~ .... ns gi~verning these and any
other properties, under ene administration-;; No such merger Or consolidation
shall cause any revocation; change or additional to this Declaration'.
Section 8. CONFLICT WITH DEEDS OF.~CONVEYANCE. If any part
of this Declaration shall be in conflict with any covenant, condition or re-
striction within a previously recorded deed of conveyance to any portion of
the Property, the Covenants, conditions or restrictions within the prior deed
of conveyance shall govern, but only to the extent of such conflict. Where
certain rights are reserved by Declarant in these restrictions, Declarant
19
'J6183 3002
-GRJgial 10-16-8§
· ~RJg: lc 01-22-86
reserves the right to make certain modifications therein as necessary in deeds
of conveyance, in which case the terms of the deeds of conveyance shall
prevail.
Section 9. BOOKS AND RECORDS. The books, records and pa-
pers of the Association shall, during reasonable business hours, be subject to
inspection by any Member. The Articles of Incorporation, Bylaws and this
Declaration shall likewise be available for inspection by any Member at the
office of the Association,
Section 10. TITLES. The titles, headings and captions which have
been used throughout this Declaration are for convenience only and are not to
be used in construing this Declaration or any part thereof.
Section 11. NUMBER AND GENDER OF WORDS. Whenever used in
this Declaration, the singular number shall include the plural where appropri-
ate, and vice versa; words of any gender shall include each other gender,
where appropriate.
Section 12. ASSIGNMENT. Declarant shall have the right to assign
and/or delegate its rights, privileges, duties and obligations hereunder.
Section 13. ADDRESS OF DECLARANT. The mailing address of
Declarant is: Dimension-Brooks Corporation, 1700 Pacific Avenue, Suite 4500,
Dallas, Texas 75201.
Section 14. INTERPRETATION. All "Restrictions" herein, as
Restrictions are defined in Article I hereof, or any related or similar cove-
nant, condition, clause or article herein, shall be interpreted as encum-
brances on the realty and shall touch and concern the land and shall not be
construed as personal covenants. If any provision herein may be interpreted
to fall outside of the aforestated interpretation, it shall be deemed rewritten
by operation of law to fall within the foregoing and to conform to th~ uniform
plan of development and equitable servitudes otherwise detailed herein.
Section 15. LAKES OF COPPELL. That one certain Declaration of
Covenants, Conditions and Restrictions for the Lakes of Coppell, Dallas,
Texas, recorded in Volume 84244, Page 5412, Deed Records, Dallas County,
Texas ("Coppell Declaration") is hereby incorporated by this reference for
any necessary 'purposes. This Declaration is expressly subordinate to and is
to be construed in harmony with the Coppell Declaration.
IN WITNESS WHEREOF, the undersignec~, being the Declarant herein,
19~.has hereunto set its hand and seal this ~¥ day of ~_ ~.~_. ,
1002.011/5700
8151 3 3003
'4
-' , .GRJ9ial 10-16-85
· GRJ9:lc 01-22-86
THE STATE OF TEXAS
COUNTY OF DALLAS
INSTRUMENT was acknowledged j~efore
day
NOTARY PUB/L~IC in and for the
State of TexaL~
of
of
2~ :~;$183 300L~
' 10£
Si'RTE OF TEXAS COUNTY OF DALLAS
I hereby certify that this instrument wes filed on the
date and time stamped hereon by me and was duly
corded in the volume ,nd page of the named records
ol Dallas County, Texas as stamped hereon by me.
SEP 19 1986
COUNTY CLERK, Dallas County, Tex~l
TICOR Title Insurance
One L)alias
350 N. St. Paul, Suite250
Dallas, Texas 75201