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Vlgs of C P1/PP,FP-CS 86091910-16-65 01-22-86 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGES OF COPPELL PHASE I THE STATE OF TEXAS $747 0 i OC/./17./~8 COUNTY OF DALLAS THIS DECLARATION is made on the date hereinafter set forth DIMENSION-BROOKS CORPORATION, hereinafter referred to as "Declarant"; WlTNESSETH by 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 9overn, 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 I~ereinafter 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 enforcing 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 Coppeil 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 asse$llments, 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 Property. 36 183 298 ,:: GRJ9:al 10-16-85 -GRJ9:lc 01-22-86 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 i.ncluding 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 neig'hborhood 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 ~itle 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 1:2. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception 6f 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. 6183 2985 GRJg:al 10-16-85 '~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 added to the Property, rights, and obligations of the Association as a sur- viving 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 a~y 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. 3 88183 2985 GRJg'al 10-1G-86 · C, RJ9: lc 01-22-86 ARTICLE III PROPERTY RIGHTS Section 1. ASSOCIATION. The Association is hereby 9ranted 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; bo 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 ~he 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; 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 ~n 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. Section 4. 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. INTENTIONALLY OMITTED. 4 S6183 2987 ' . 6RJg: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-thirds (2/3) of 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 ~e-~-~ ~ny_~.c~Ton 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 GRJg:al ... GRJg:Ic 10-16-85 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 meeting 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 g. 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 transfer 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 granted to it by its Articles of Incorporation or this Declaration, and without limiting 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 183 2990 GRJ9:al 10-16-85 .G R J9: lc 01 -22-86 upkeep and maintenance of sprinklers, irrigation mains and laterals, sprinkler heads, equipment, water pumps, signs, lighting, planting 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; To enter into contracts with municipal entities to provide landscape maintenance services within Landscaped Medians or other rights-of-way dedicated to the public; so To make reasonable rules and regulations for the operation of the Corn~ mort 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; fo go ho To enter into agreements or contracts with insurance companies with respect to insurance coverage for the benefit of the Association; To enter into agreements or contracts with utility companies with respect to utility installation, consumption, and service matters; 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 ri9hts against delinquent Owners, if the Boa rd 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; 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 Members, to have such report audited by an independent certified public accountant, which audited report shall be made available to each Members within thirty (30) days after completion; 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; 8 183 2991 GRJg:al 10-16-85 '.C~RJ9:lc 01-22-86 Oo po ro 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 iand 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 VII 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 36183 2992 GRJg:al 10-16-85 ~RJ9:lc 01-22-86 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 good, sound insurance coverage for activities or properties similar in location, character, construction, or use. Such insurance may include, but need not be limited to: ao 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 VIII 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%) 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. After eighty percent (80%) of the land area within the Property (includ- ing any additions or annexations thereto) has been sol~. or conveyed by Declarant to third parties, or after December 31, 1999, 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 of 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 qf such committee and of this designated representa- tire and requidement 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 6183 2993 GRJ9:al GRJ9: lc 10-16-85 O1-22-86 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, ~r altered, the Architectural Control Committee shall consider only the general 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 lighting, 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 being built in the subdivision. Any application for any building 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 rest~bmitted 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~.sing out of or in connection with the approval or disapproval or failure to approve or disap- prove any plans or specifications. ARTICLE IX DEVELOPMENT STANDARDS AND PROTECTIVE COVENANTS Section 1. USES RESTRICTIONS AND EASEMENTS. a. PERMITTED USES. Lots in the Villages of Coppell shall be known and described as single-family residential lots only. bo PROHIBITED USES. The following uses are prohibited within the Prop- erty, except for certain reasonable activities and uses which may exist during any reasona~31e period of construction of improvements on any portion of the Property. The Committee's determination as to whether 11 ' 6193 299q GRJ9:al 10-16-85 " ~RJg:lc 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; 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; o 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. 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; 11. 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; 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. 15. 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 any 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. no building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the 12 2995 ORJ9:al ' · GRJg: lc 10-16-85 01-22-86 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, 9as, 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 of 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 :-36183 2996 GRJ9:al · GRJ9: lc 10-16-85 01-22-86 ao Section 2. SITE PLANS. DWELLING COSTr 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 ~welve hundred (1200) square feet for one-story dwellings. Co ho 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. 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. 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. LOT AREA AND WIDTH. INTENTIONALLY OMITTED. WAIVER OF FRONT SETBACK REQUIREMENTS. 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 appearanoCf~, 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. By acceptance of a deed to any one or more of th above lots, the owner thereof covenants and agrees to keep and 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 herel~y p~ovided and reserved. 14 ,36183 2997 G. RJ9:al ' · GRJ9:lc 10-16-85 01-22-86 ko po (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, plantin9 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- 9ardin9 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 faciliti'es 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 wall line of the respective dwelling. All satellite dishes must be enclosed in landscaping or screened walls or fences such that said satellite dishes 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 6183 2998 GRJ9:al 10-16-85 GRJ9: lc 01-22-86 q. 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. LANDSCAPING. 1. 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 5. 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 not 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 the Committee. 11. Substitution of Trees or Plant Material: With respect 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 :96183 2999 GRJ9:al 10-16-85 GRJ9:lc 01-22-86 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, grounds 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; de 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; 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; ko Complying with all governmental health and law enforcement re- quirements; Striping of parking areas and repainting of Improvements on a reasonable time schedule; and 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 its authorized agent or agents shall have the right and power to enter onto the 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 co.st. I~ 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 56183 3000 GRJ9:al 10-16-85 ~RJ9: 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 XI 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 XII MISCELLANEOUS PROVISIONS Section 1, DURATION. This Declaration and the Co~Venants, 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 long 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 prio~,.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 therein. From and after December 31, 1999, this Declaration may be amended, modified, 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 ;36183 300I GRJg:al 10-16-85 '. '~RJ9: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 paragraphs, 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 covenants, conditions and restrictions governing these and any other properties, under one administration. No such merger or consolidation shall cause any revocation, change or addition to this Declaration. Section 8. CONFLICT WITH DEEDS OF CONVEYANCF. 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 36183 3002 GRJ9:al 10-16-85 · ~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 r, eWritten by operation of law to fall within the foregoing and to conform to the 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 undersignecl~, being the Declarant herein, 19~.has hereunto set its hand and seal this .j¥ day of ~~l~f'~/~_._ , 1002.011/5700 20 6t83 3003 .,GRJ9:al 10-16-85 GRJ0:lc 01-22-86 THE STATE OF TEXAS COUNTY OF DALLAS rTH~ INSTRUMENT was acknowledged j~efore me~j~n._~xhis DIMENSION-BROOKS CORPORATION. / ~/-~C day State of Texa~)lC in and for the of of 2~ 36183 '300/~ GRJ: 4APR87 AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE VILLAGES OF COPPELL PHASE I A SUBDIVISION IN DALLAS COUNTY THE STATE OF TEXAS COUNTY OF DALLAS 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 the 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. Exhibit A of the Declaration is attached hereto and made a part hereof for convenience of reference only and is not amended hereby. IN WITNESS WHEREOF, the undersigned, being the ~eclarant herein, has hereunto set its hand and seal this /~day of~~,~ ~/ . The State of Texas ~~~~ County of Dallas S INSTUMENT was acknowledgedbefore me on this the/~/~ day of tio~o , of Dimension-Brooks My Commission Expires: NOTARY PUBLIC ~n the State of Texas GF# 156511 SE'SC'ND .'..MENF, MENT Tn THE DECL~.RATI©N OF COVENANTS, CONDITI©NZ, 7~ND RESTRICTIONS FOR THE VILL!GES ~w C~DOEL~ 5.00 DEED 2 1 07/15/87 PHASE A Si~BDIVI-~InN. . ... IN D.'-.LL.%$ ._,.,~"I~NTY. STATE C'F TE×:.? ) ) COUNTY CF DALLL~.:, ~ THIS SECCND AMENDMENT to Dec!arat~on is made on the date hereinafter set ,forth by BDC Development Corporation {formerly Dimens ion-P, rooks Corporation ) , hereinafter referred to as "DECLARANT"; W!TNESSETH ' WHEREAS, Declarant is the Declarant in that certain Declaration of Covenants, Conditions, and Restrictions for the Villages of Coppell Phase ! . a subdivision in Dallas County {hereinafter referred to as \ .< "Decl'aration" ) filed for record in the Deed Records of Dallas County, Volume 86183, Page 2954, et seq. , as amended in Volume _8/L03,___, Page ~___ in the Deed Records of Dallas County (the "First Amendment"); and WHEREAS, Declarant desires to further amen~J the. abowe des'rribed Declaration, in order to more properly define certain rights and obligations; NOW, THERmmnPE, n~clar~nt_ _ ... hereby, d=~r==~ +hat ..... the mrop=-+y,, ms_ 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' Articlf IX of the Declaration is hereby amended by the addition of the fo!!owin9 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 in 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 4l. ehrough_ gl._ , ebese, twelve ,,_~ ) Lots shall not be permitted to have any wood or ,other solid fencing or screening erected thereon. The foregoing cannot be waived absent the filing of a document of equal stature herewith, executed by the Declarant and/or the Association pursuant to action by its Board of Directors. Article IX, Section 2.h. (E.-'.SEMENTS) su}~.section (b) is hereby amended by the addition of the following sentence at the con- clusion thereof: ' The easement reserved pursuant to this subsection may be utilized for the development or construction of "Common ~.rea" as that term is defined herein and as such areas shall be corem,only used for the enooyment and benefit of memk~er~ ,',f ~k,-~ .'- z ,-- o c i ._=, t J ,', n; nn 87135 039 further documentation shall be required in order f,>r 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 sh~l! be controlling with respect to any matters contained herein. IN WITNESS WHEREOF, the undersigned, beinq the Declarant herein, has_hereunto set its hond and seal this /~-~ day o~ 19.~__~. The State of Texas County of Dallas N was acknowlg~ged befo;e ~e on. this the /~__--'day of _~.~_ , of BDC Develop- men ration. NOTARY FUBLIC ~n ~nd for the State of Tex~s TICO~ TITLE INSURA~-'~ 6750 Hillcrest Plaza Drive Lock Box 17 - Sui~ 205 Dallas, Texas 75230 87'I35 156511 THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VILLAGES OF COPPELL, PHASE ~. STATE OF TEXAS ) ) COUNTY OF DALLAS ) 8918 .3.00 DEED 2 2 07/24/87 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 2984, 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 g-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. : Title:' --.-' /'~ ~ C~ ~ STATE OF TEXAS ) ) COUNTY OF DALLAS ) ,/ ~z'~;. -'~/' -'~~ °~ [')eve°pm nt °r-p°rat ' ~Thjs [nstrurr~nt~~led~dDcbefore line ethisc /5~;~ionday of :July by (SEAL):' '. 1987 Notary Pfblic in~i~nd fo[ the State of Texas RETURN TO: TICOR TITLE INSURANCE 6750 Hillcrest Plaza Drive Lock Box 17 - Suite 205 Dallas, Texas 75230 FOURTH AMRNDMENT TO TH~ DECLARATIO~ OF COVRNANTS, CONDITIONS, AND R~S~RICTIONS FOR VILLAGRS OF COPP~LL, PHASR I STATE OF TEXAS COUNTY OF DALLAS KNOW ALL M~N BY TH~S~ 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 hereinafter 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 Records 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 Amendment, 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 of ten dollars ($10.00) and other good and valuable considerdmtion 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 Coppell" and defined as the "Property" in the Amended 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 Exhibit "A" 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, Texa s. 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 W~EREOF, the undersigned, being the Declarant herein, has executed this Fourth Amendment and set his hand and seal this day of February, 1988. BDC Development Corporatio,n, a Texas Corporation (formerly Dimension-Brooks Corporation) By: Stephen H. Brooks President CORPORATE ACKNOWLEDGMR. NT STATE OF TEXAS COUNTY OF DALLAS This Instrument was acknowledged before me on this the day of February, 1988, by gtephen H. Brooks, President of BDC Development Corporation, as the true act and deed of said corporation. ~ Notary Public in and for the State of Texas My Commission Expires: Typed or Printed Name of Notary Fourth Amendment to the Declaration of Covenants, Conditions, and Restrictions for Villages of Coppell, Phase I Page 2 EXHIBIT "A" %~dEREAS, HDC Development Corporation, is the owner of a tract of land located in the Patience Piles Survey, Abstract No. 1137, and in the B.B.B. & C.R.R. Survey, Abstract No. [99, City of Coppell, Dallas County, Texas, and being more particularly described as follows: COMMENCING 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.O.N.): Thence East for a distance of 2738.66 feet to a point; Thence South of a distance of 1729.55 feet to the TRUE POINT OF BEGINNING: THENCE, North 55 21' 18" West, a distance of 212.00 feet to a 1/2 inch ~ron rod found for corner; THENCE, North 03 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 ~ron rod found for corner; THENCE, North 16 41' 57" East, a distance of 62.74 feet to a 1/2 inch ~ron rod found for corner; THENCE, North 12 59' 41' West0 a distance of 150.31 feet to a l/2 inch ~ron rod found for corner: TEENCE, North 46 10' 09" Nest, a distance of 178.93 feet to a 1/2 inch · ron rod found for corner; THENCE, North 33 41' 24" West a distance of 43.07 feet to a 1/2 inch iron rod found for corner; THENCE, North 71 33' 54' West, a distance of 82.27 feet to a 1/2 inch iron rod found for corner: TBNCE, South 75 57' 50" West, a distance of 63.77 feet to a 1/2 inch iron rod found for corner; ~ENCE, Horth 43 31' 21" West, a distance of 272.71 feet to a 1/2 inch iron rod found for corner; 11~WC~, North 35 03' 57" Wast, a distance of 125.25 feet to a 1/2 inch iron rod found for corner; THENCE, North 26 19' 38° Nest, a distance of 83.29 feet to a 1/2 inch iron rod found for corner; THENCE, North 81 26' 4q" East, a distance of 87.05 feet to a 1/2 inch iron rod found for cornet; THENCE, South 89 38' 25" East, a distance of 450.00 feet to the beginning of a curve to the left, a 1/2 inch iron rod found for corner; THENCE, along said curve to the left, having a central angle of 31 21' a radius of 415.00 feet, a tangent length of 116.47 feet, for an arc distance of 227.10 feet to a 1/2 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 beginning of a curve to the right, a 1/2 inch rod found for corner; THENCE, along said curve to the right, having a central angle of 44 15' 52", a radius of 430.00 feet, a tangent length of 174.89 feet, for an arc distance of 332.20 feet to a 1/2 inch iron rod found for corner; THENCE, North 76 43' 46" West, a distance of 30.00 feet to a Doint on a curve to the right, a l/2 inch iron rod found for corner; THENCE, along said curve to the right, having a tangent that at this point bears South 13 16' 14' West, a central angle of 46 29' 26", a radius of 400.00 feet, a tangent length of 171.81 feet, for an arc distance of 324.57 feet, t6 a 1/2 iron rod found for corner: THENCE, South 59 45' 40° West, a distance of 60.48 feet to the beginning of a curve to the left, a 1/2 inch iron rod found for corner! THF~CE, along said curve to the left, having a central angle of 25 06' 58", a radius of 400.00 feet, a tangent length of 89.10 feet, for an arc distanc~ of 175.34 feet to the POINT OF BEGINNII~; CONTAINING, 15.3682 acres (669.438 square feet) of land.