Vlgs of C P2/FP-CS 841130November 30, 1984
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE LAKES OF COPPELL
Dallas County, Texas
VOLUME 8q244, PAGE 5412
III.
IV.
INDEX
RECITALS
ARTICLE I - DEFINITIONS
1.01.
1.02.
1.03.
1.04.
1.05.
1.06.
1.07.
1.08.
1.09.
1.10.
1.11.
1.12.
1.13.
1.14.
1.15.
1.16.
1.17.
1.18.
1.19.
1.20.
1.21.
1.22.
1.23.
1.24.
Apartment Complex
Apartment Unit
Architectural Review Committee
Articles of Incorporation
Assessments
Association
Bylaws
Certificate of Occupancy
Common Area
Common Facilities
Condominium Building
Condominium Unit
Declarant
Declaration
Design Guidelines
Eligible Lenders
Estate
Lake System
Lot
Member or Owner
Property
Residential Use
Supplemental Declaration
Tract
ARTICLE II - PROPERTY
2.01.
2.02.
2.03.
2.04.
2.05.
Property Subject to Declaration
Annexation to Property Subject to
Declaration by Declarant
Annexation to Property Subject to Declaration
by Persons or Entities Other Than Declarant
Supplementary Decla rations
Mergers or Consolidations
ARTICLE III - MEMBERSHIP AND VOTING RIGHTS IN THE
'ASSOCIATION ·
3.01. Membership
3.02. Transfer
Page
2
2
2
2
2
2
2
2
2
3
3
3
3
4
4
4
4
4
4
4
5
5
5
5
5
5
5
6
6
6
7
7
(i) 99500-0151.2
Vo
3.05.
3.06.
3.07.
Classes of Voting Membership and Voting Rights
a. Class A Membership
b. Class B Membership
Suspension of Voting Rights
Multiple Owner Votes
Quorum, Notice and Voting Requirements
Additional Voting Requirements
VI.
ARTICLE IV - ASSESSMENTS
4.01. Covenants for Assessments
4.02. Purpose of Assessments
4.03. Annual Assessments
4.04. Special Assessments
4.05. Special Individual Assessments
4.06. Vote Required for Increase in Rate of Annual Assessment
4.07. Vote Required for Special Assessment
4.08. Date of Commencement of Annual Assessments and Due
Date of Assessments
4.09. Division of Special Assessments
4.10. No Offsets
4.11. Reserves
4.12. Nonpayment of Assessments
a. Delinquency
b. Lien
c. Remedies
4.13. Exempt Property
4.14. Estoppel Information from Board of Directors with
Respect to Assessments
ARTICLE V - GENERAL POWERS AND DUTIES OF THE BOARD
OF DIRECTORS OF THE ASSOCIATION
5.01. Powers and Duties
5.02. Contracts Terminable
VII. ARTICLE VI - PROPERTY RIGHTS IN THE COMMON AREA
6.01.
6.02.
6.03.
Members' Easements of Enjoyment
Title to the Common Area
Extent of Members' Easements
VIII. ARTICLE VII - INSURANCE; REPAIR AND RESTORATION
7.01.
7.02.
7.03.
7.04.
7.05.
Insurance
Insurance Proceeds
Insufficient Proceeds .
Mortgagee Protection
Destruction of Improvements on Individual Estates
8
8
9
10
10
10
11
13
13
13
14
16
17
17
17
17
18
18
18
18
18
18
19
19
2O
23
23
23
23
23
24
24
26
26
26
26
(ii) 995(X)- 0151.2
IX.
Xo
ARTICLE VIII - USE OF COMMON AREA
8.01.
8.02.
8.03.
8.04.
8.05
Restricted Actions by Owners
Damage to the Common Area
Rules of the Board
Suspension of Right to Use Common Area
and/or Right to Vote
Lake System Common Area
ARTICLE IX - USE OF PROPERTY AND ESTATES -
PROTECTIVE COVENANTS
9.01.
9. O2.
9.05.
9.06.
9.07.
27
27
27
27
27
27
27
Residential Purposes 28
Other Use Limitations 28
a. Certificate of Compliance 28
b. Removal of Dirt 28
c. Drilling and Mining Operations 98
d. Offensive Activities 29
e. Commercial Use 29
f. Clotheslines 29
g. Antennas 29
h. Trash Receptacles and Collection 29
i. Temporary Structures and Vehicles 30
j. Signs 30
k. Swimming Pools 31
I. External Sculpture and Like Accessories 31
m. Removal of Water 31
n. Boats 31
o. Swimming' 31
Landscaping, Walls and Fences 31
a. Landscaping Plan 31
b. Maintenance of Landscaping and Sprinkler System 31
c. Fences 32
Streets, Sidewalks and Exterior Lighting 32
a. Composition of Streets 32
b. Alignment and Size of Streets 33
c. Sidewalks 33
d. Exterior Lighting 33
Construction Standards 33
a. Foundations 33
b. Roofs 33
c. Exterior Building Materials 33
d. Mailboxes 34
e. Screening of Service Equipment 34
f. Utilities 34
g. Lake Set Back 35
h. Paint 35
i. Construction Period 35
Community Antenna Television (CATV) and Security Systems 35
e. CATV System 35
b. Fire and Burglar Alarms 35
c. Mete ri n g 36
Failure to,Maintain Estate 36
(iii) 99500-0151.2
XI.
Additional Construction Standards for Certain Apartment
Complexes and Condominium Buildings
a. Minimum Landscapin9
b. Parking
c. Roofs on Parking Structures
d. Trash and Receptacles
e. MacArthur Boulevard Setback
ARTICLE X - ARCHITECTURAL REVIEW COMMITTEE
10.01. Architectural Review Committee
10 02. Basis of Approval
10 03. Definition of "Improvements"
10 04. Preliminary Plan Submissions
10 05. Plan Submissions
10 06. Approval Procedure
10 07. Design Guidelines
10 08. Variances
10 09. Nonconforming and Unapproved'lmprovements
10 10. No Liability
10 11. Certificate of Compliance
10 12. Notice of Noncompliance or Noncompletion
10 13. Appointment and Designation
10 14. Review Fee and Address
10 15. Inspection
10 16. Governmental Authorities
10.17. No Liability for Design Defects
37
37
37
37
37
37
38
38
38
39
39
40
41
42
42
42
42
43
43
43
43
44
44
44
Xll. ARTICLE XI - RIGHTS OF ELIGIBLE LENDERS AND ELIGIBLE
INSURERS OR GUARANTORS
11.01. Notice to Eligible Lenders
11.02. Other Provisions for Eligible Lenders
11.03. FHLMC Provision
44
45
45
XIII. ARTICLE XII - EASEMENTS
12.01. Easements
12.02. Ingress and Egress by the Association
12.03. Easements for Encroachment
12.04
12.05
12.06
12.07
12.08
12.09
Estate Owners Easements
Public Easement
Audio ~, Video
Easement for Construction, Maintenance and
Repair of Subdivision and Screening Walls
Easement for Maintenance and Repair of
Lakes and Banks of Lakes
Lake System Easement
46
,46
47
47
47
48
48
XIV. ARTICLE XIII - CONDEMNATION
49
XV. ARTICLE XIV - GENERAL PROVISIONS
49
14.01. Duration
14.02. Amendments
14.03. Enforcement
49
49
49
(iv) 99500-0151.2
14.04. Limitation of Restrictions on Declarant
14.05. Termination of and Responsibility of Declarant
14.06. Owners' Compliance
14.07. 5everability
14.08. Headings
14.09. Notices to Member or Eligible Lender
14.10. Disputes
14.11. Compliance with FHLMC, FNMA, VA and FHA Regulations
XVI. APPENDIX
Exhibit "A" - Legal Description of the Property
XYTIL.AMENDMENTS
5O
5O
5O
51
,51
51
51
51
(v) 99500-0151.2
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE LAKES OF COPPELL
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE LAKES OF COPPELL is made this 30t. h day of 1%lovembe]~ ,
1984, by TRILAND INVESTMENT GROUP, a Texas general partnership.
WlTN ESSETH:
WHEREAS, Triland Investment Group ("Declarant") is the fee simple title
owner of the real property described on Exhibit "A" attached hereto and made
a part hereof for all purposes; and
WHEREAS, Declarant desires to subject its fee simple interest in the real
property described on Exhibit "A" to this Declaration and to the covenants,
conditions, restrictions, easements, liens and charges herein set forth; and
WHEREAS, Declarant has deemed it desirable for the efficient management
of the Property and the preservation of the value, desirability and
attractiveness of the Property to create a non-profit corporation to which
should be delegated and assigned the powers of managing, maintaining and
administering the Common Area and administering and enforcing these
covenants, conditions and restrictions and collecting and disbursing funds
pursuant to the assessments and charges herein created and to perform such
other acts as shall generally benefit the Property; and
WHEREAS, the Lakes of Coppell Owners Association, Inc., a non-profit
corporation, has been or will be incorporated under the laws of the State of
Texas for the purpose of exercising the powers and functions aforesaid; and
WHEREAS, Declarant will hereafter hold and convey title to the Property
or any part thereof subject to the covenants, conditions, restrictions,
easements, liens and charges herein set forth.
NOW, THEREFORE, Declarant hereby covenants, agrees and declares
that the Property shall be owned, held, transferred, leased, sold, conveyed
- I - 99500-0151.3
and occupied subject to the covenants, conditions, restrictions, easements,
liens and charges herein set forth.
ARTICLE I
DEFINITIONS
Section 1.01. "Apartment Complex" shall mean and refer to a real estate
apartment complex project composed of one or more structures, which structure
contains two (.3) or more Apartment Units at least one (1) of which is to be
rented to the public by the Owner, which project is erected on a lot, tract or
parcel of real estate within the Property and for which a certificate of
occupancy has been issued by the appropriate governmental authorities. For
purposes of this Declaration duplex residential structures, as such term may
be defined from time to time in the relevant zoning ordinances of the City of
Coppell, Texas, shall each be deemed to be an Apartment Complex and each
single family residential unit within the duplex shall be deemed to be an
Apartment Unit.
Section 1.02. "Apartment Unit" shall mean and refer to a single
residential rental apartment in an Apartment Complex located within the
Property.
Section 1.03. "Architectural Review Committee" or "Committee" shall
mean and refer to that committee composed of three (3) members appointed in
the manner set forth in Article X of this Declaration which committee is
appointed to provide for architectural control and design within the Property
and to have and exercise such other powers and/or duties as are more
specifically set forth in this Declaration.
Section 1.04. "Articles of Incorporation" shall mean and refer to the
Articles of Incorporation of the Association as the same may from time to time
be duly amended.
Section 1.135. "Assessments" shall mean and refer to the assessments
described in Section 4.01 of Article IV of this Declaration.
Section 1.06. "Association" shall mean and refer to the Lakes of Coppell
Owners Association, Inc., its successors and assigns, to which Association
shall be delegated and assigned the powers of managing, maintaining and
administering Common Area identified in this Declaration and disbursing funds,
collecting assessments and charges and performing such other acts as shall
generally benefit the Property now and hereafter covered by this Declaration.
Section 1.07. "Bylaws" shall mean and refer to the Bylaws of the
Association as the same may from time to time be duly amended.
Section 1.08. "Certificate of Occupancy" shall mean and refer to any
required certification issued by relevant governmental authorities as a
prerequisite to the occupancy of all or any portion of any Estate.
- 2 - 99500-0151.3
Section 1.09. "Common Area" shall mean and refer to all real property
and the improvements thereon, including, without limitation, any private storm
drains, private streets, private utilities, private parks, open space, trails and
floodways owned in fee, owned as an easement or leased or maintained from
time to time by the Association for the common use, enjoyment and benefit of
the Members, and all easements granted to the Association for the common use,
enioyment and benefit of the Members which Common Area is specifically
described in any Supplemental Declaration. Any real property or interest in
real property which Declarant shall convey to the Association to be designated
Common Area shall be accepted in writing by the Association and shall be
conveyed free of all liens and encumbrances except current ad valorem taxes
(which taxes shall be prorated as of the date of conveyance), and the
covenants, conditions, restrictions, easements, liens and charges of this
Declaration.
As of the date of this Declaration there is no real property or
easements designated as Common Area, however, certain real property or
easements may be designated as such by Declarant or the Association at a later
date.
Section 1.10. "Common Facilities" shall mean and refer to all existing
and subsequently provided improvements upon or within the Common Area,
except those as may be expressly excluded herein. Also, in some instances,
Common Facilities may consist of improvements for the use and benefit of the
Owners of Estates within the Property, as well as other Owners in the
subdivision, constructed on portions of one or more Estates or on Lots or
acreage owned by Declarant (or Declarant and others) which has not been
brought within the scheme of the Declaration. By way of illustration, Common
Facilities may include, but not necessarily be limited to, the following:
exercise course, jogging trails, bridge crossings, street lights, foundations,
statuary, sidewalks, esplanades, common driveways, landscaping, underground
irrigation systems, landscaping and screening walls located around the
perimeter of the Property and other similar and appurtenant improvements.
References herein to "Common Facilities (any Common Facility) in the Property"
shall mean and refer to Common Facilities as defined respectively in the
Declaration and all Supplemental Declarations.
Section 1.11. "Condominium Building" shall mean and refer to a
residential real estate condominium project composed of one or more structures
erected on a lot, tract or parcel of real estate out of or a part of the Property
containing two (2) or more Condominium Units, which condominium project has
been specifically created and designated as a condominium in accordance with
the Texas Condominium Act, Tex. Prop. Code Ann. Section 81.001 et. seq.
(Vernon 1984), as now and hereafter amended or supplemented.
Section 1.12. "Condominium Unit" shall mean and refer to one (1)
individual unit located within a Condominium Building, together with an
undivided interest in and to the common elements associated with such unit.
The term "Condominium Unit" shall have the same meaning as the term
"apartment" as used in the Texas Condominium Act, Tex. Prop. Code Ann.
Section 81.001 et. seq. (Vernon 1984), which permits the creation of
condominium regimes, as same may be amended or supplemented in any
successor statute.
- 3 - 99500-0151.3
Section 1.13. "Declarant" shall mean and refer to Triland Investment
Group, a Texas general partnership, and the successors and assigns (if any)
of Triland Investment Group with respect to the voluntary disposition of all or
substantially all of the assets of Triland Investment Group or the voluntary
disposition of all or substantially all of the right, title and interest of Triland
Investment Group in and to the Property, where such voluntary disposition of
right, title and interest expressly provides for the transfer and assignment of
the rights of Triland Investment Group as Declarant. No person or entity
purchasing the Property or any part thereof from Triland Investment Group in
the ordinary course of business shall be considered as Declarant.
Section 1.14. "Declaration" shall mean and refer to this instrument and,
collectively, to the covenants, conditions, restrictions, reservations,
easements, liens and charges imposed by or expressed in this instrument.
Section 1.15. "Design Guidelines" shall mean and refer to standards,
restrictions or specifications published from time to time by the Declarant or
the Architectural Review Committee and governing the construction, placement,
location, alteration, maintenance or design of any improvements to the
Property. Design Guidelines are more specifically described in Article ×,
Section 10.07 hereinbelow.
Section 1.16. "Eligible Lenders" shall mean and refer to the holder,
insurer or guarantor of a first lien on an Estate who has requested notice of
matters affecting the interest of such lender, insurer or guarantor. Requests
for notice must be sent in writing to the Association, must specify the name
and address of the lender, insurer or guarantor and must clearly indentify
the Estate in which the lender holds an interest which entitles it to receive
notice as provided herein.
Section 1.17. "Estate" shall mean and collectively refer to a
Condominium Unit, Apartment Complex, Lot, Tract and any other interest in
real property contained within the Property, the ownership of which, by the
terms of this Declaration, causes the Owner thereof to be a Member of the
Association. The term "Estate" shall not include any portion of the Property
owned, leased or maintained by the City of Coppell, Texas or any tract used
as public park or public open space.
Section 1.18. "Lake System" shall mean and refer to the system of lakes
and streams within the Property specifically excluding, however, any lake or
stream located within the loop formed by the right of way of Waterside Circle
and any lake or stream dedicated to public use. The Lake System shall be
dedicated and conveyed to the Association as Common Area and maintained by
the Association. The term "Lake System" shall not be construed to include
any part of Denton Creek, whose flow generally follows the eastern boundary
of the Property.
Section 1.19. "Lot" shall mean and refer to any lot, plot, parcel or
tract of real estate shown on any recorded subdivision map or plat as amended
from time to time, to the extent such lot, plot, parcel or tract is a part of the
Property, which is designated as a lot therein and which is or will be
improved with one (1) single family attached or detached residential dwelling in
conformity with the building restrictions contained herein; provided, however,
the term "Lot" shall not include (i) any portion of the Coe~m3n Area or any
real property owned by or leased to the Association for the common use and
- 4 99500-0151.3
enjoyment of the Members, (ii) any Condominium Unit in a Condominium
Building or (iii) any lot, tract or parcel of real estate out of or a part of the
Property which is or will be improved with an Apartment Complex. Lot shall
also mean and refer to any separate platted lot which is improved or is to be
improved with a single family residential townhome structure which is joined to
another dwelling unit on one or more sides by party wall or abutting wall.
Section 1.20. "Member" or "Owner" shall mean and refer to each and
every person or entity who is, alone or together with another person or
entity, a record title owner of a fee or undivided fee interest in any Lot,
Condominium Unit, Apartment Complex, Tract or any lot, tract or parcel of
real estate out of or part of the Property; provided, however, the term
"Member" or "Owner" shall not include any person or entity holding a bona
fide lien or security interest in a Lot, Condominium Unit, Apartment Complex,
Tract or any lot, tract or parcel of real estate out of or a part of the
Property as security for the performance of an obligation.
Section 1.21. "Property" shall mean and refer to all existing real
property described on Exhibit "A" attached hereto and made a part hereof for
all purposes, including any and all improvements thereon, and any additions of
real property made subject to this Declaration through any Supplemental
Declaration prepared and filed of record pursuant to the provisions of
Article II of this Declaration or any declaration of any association which has
merged or consolidated with this Association pursuant to the provisions of
Article II hereof.
Section 1.22. "Residential Use" shall mean and refer to single family
attached and detached housing, apartments, resi~lential condominiums and
duplex housing uses but shall not include prefabricated housing, mobile homes,
hotels, motels, boarding houses or lodges.
Section 1.23. "Supplemental Declaration" shall mean and refer to any
Supplemental Declaration of Covenants, Conditions and Restrictions for the
Lakes of Coppell annexing additional property and extending the plan of this
Declaration to such additional property, prepared and filed of record pursuant
to the provisions of Article II of this hereof.
Section 1.24. "Tract" shall mean and refer to unsubdivided, improved
or unimproved land within the Property, developed or to be developed for
Residential Use. The term "Tract" shall not include land upon which is
located a Condominium Building or an Apartment Complex or which is
encompassed within a Lot.
ARTICLE II
PROPERTY
Section 2.01. Property Subject to Declaration. The real property
covered by this Declaration shall be the Property. The Property and any
right, title or interest therein shall be owned, held, transferred, leased, sold,
conveyed and/or occupied by Declarant and any subsequent owner, lessee or
occupant of all or any part thereof, subject to this Declaration and the
covenants, conditions, restrictions, easements, liens and charges herein set
forth.
- 5 - 99500-0151.3
Section 2.02. Annexation to Property Subject to Declaration by
Declarant. All or any part of any real property near and/or adjacent to the
Property (the "Additional Property"), whether or not such real property is
contiguous to the Property, may be annexed to and become subject to this
Declaration and subject to the jurisdiction of the Association without the
approval, assent or vote of the Members of the Association provided that a
Supplemental Declaration covering the real property sought to be annexed,
shall be executed and recorded in the office of the County Clerk of Dallas
County, Texas, by Declarant; provided, however, no Supplemental Declaration
shall be so executed and recorded pursuant to this Section 2.02 more than
ten (10) years subsequent to the date of execution of this Declaration without
the approval of the Members of the Association pursuant to Section 2.03 below.
The execution and recordation by Declarant of any such Supplemental
Declaration shall constitute and effectuate the annexation of the real property
described therein, making any such real property subject to this Declaration
and subject to the functions, powers and jurisdiction of the Association, and
thereafter said annexed real property shall be a part of the Property and all
the Owners in said annexed real property shall automatically be Members of the
Association. Although Declarant shall have the ability to annex all or any
portion of the Additional Property to this Declaration as provided above,
Declarant shall not be obligated to annex all or any portion of such real
property and such real property shall not become subject to this Declaration
unless and until a Supplementary Declaration shall have been executed and
recorded by Declarant as provided herein. Moreover, Declarant reserves the
right to subject the Additional Property or any part thereof to the plan of one
or more separate declarations of covenants, conditions and restrictions which
subjects said real property to the functions, powers and jurisdiction of an
association or other entity with powers and obligations similar to the
Association and which may or may not be subject to the provisions of this
Decla ration.
Section 2.03. Annexation to Property Subject to Declaration by Persons
or Entities Other Than Declarant. Upon approval in writing of the
Association, pursuant to a two-thirds (2/3) majority vote of the Members,
regardless of class, any person or entity which owns and desires to add
portions of the Additional Property (defined in Section 2.02, above) whether
or not such Additional Property is contiguous to the Property, to the plan of
this Declaration and subject such Additional Property to the functions, powers
and jurisdiction of the Association, may execute and record in the office of the
County Clerk of Dallas County, Texas, a Supplementary Declaration.
Section 2.04. Supplementary Declarations. The annexations authorized
by this Declaration shall be accomplished by executing and filing of record in
the office of the County Clerk of Dallas County, Texas, a Supplementary
Declaration of Covenants, Conditions and Restrictions for the Lakes of Coppell,
or similar instrument, with respect to the additional real property which shall
extend the scheme of this Declaration to such real property. Any such
Supplementary Declaration contemplated above may contain such additions,
deletions and/or modifications of the covenants, conditions, restrictions,
easements, liens and charges contained in this Declaration as may be necessary
to reflect the different character, if any, of such annexed real property and
as are not substantially inconsistent with the plan of this Declaration. In no
event, however, shall any such Supplementary Declaration, or any merger or
consolidation revoke, modify or add to the covenants, conditions, restrictions,
- 6 - 99500-0151.3
easements, liens or charges established by this Declaration, as same relate to
and affect that portion of the Property previously subject to this Declaration.
Further the rate of assessment for and method of determining the assessed
valuation of the annexed property shall not result in an assessment
substantaally less than that affecting the Property, unless such annexed
property and the Owners thereof do not enjoy substantially all of the benefits
of the central security system or other common amenities because of limitations
in such services resulting from franchise or municipal boundaries. Any
annexation, merger or consolidation made pursuant to this Declaration, when
made, shall automatically extend the functions, powers and jurisdiction of the
Association to the real property so added.
Section 2.05. Mergers or Consolidations. The Declarant or the
Association, with the written approval or assent of at least two-thirds (2/3) of
the Members, regardless of class, shall have the right and option to cause the
Association to merge or consolidate with any similar association or associations.
Upon a merger or consolidation of the Association with another association, the
properties, rights and obligations of the Association, may, by operation of law
or otherwise, be transferred to the surviving or consolidated association or,
alternatively, the properties, rights and obligations of another association may,
by operation of law or otherwise, be added to the properties, rights and
obligations of the Association as a surviving corporation pursuant to a merger.
The surviving or consolidated association shall administer the covenants,
conditions, restrictions, easements, liens and charges established by this
Association within the Property, together with the covenants, conditions,
restrictions, easements, liens and charges established upon any other real
property, as one plan.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 3.01. Membership. Each and every Owner shall automatically be
a Member of the Association without the necessity of any further action on his
part, subject to the terms of this Declaration, the Articles of Incorporation
and the Bylaws of the Association and the Association rules. Membership of
an Owner in the Association shall be appurtenant to and may not be separated
from the interest of such Owner in and to any portion of the Property.
Ownership of any portion of the Property shall be the sole qualification for
being a Member; provided, however a Member's voting rights, as herein
described, or privileges in the Common Area, or both may be regulated or
suspended as provided in this Declaration, the Bylaws of the Association
and/or the Association rules. Persons or entities shall be Members by reason
of ownership of land used for public or private schools, governmental or
quasi-governmental purposes, churches or other religious purposes and such
land shall be owned subject to all of the terms and provisions of this
Declaration except that: (i) ownership of land devoted to purposes described
in this sentence shall not create any votes in the Members owning such land,
and (ii) such non-voting Members shall not be required to pay any
assessments other than special individual assessments as described and
authorized in this Declaration. No person or entity shall be a Member by
reason of ownership of any park, public land, road, easement, right-of-way or
mineral interest. In addition, any person or entity that holds an interest in
- 7 99500-0151.3
and to all or any part of the Property merely as security for the performance
of an obligation shall not be a Member.
Section 3.02. Transfer. Membership of an Owner in the Association
may not be severed from or in any way transferred, pledged, mortgaged or
alienated except upon the sale or assignment of said Owner's interest in all or
any part of the Property and then only to the purchaser or assignee as the
new Owner thereof. Such membership shall not be severed by the
encumbrance by an Owner of all or any part of the Property. Any attempt to
make a prohibited severance, transfer, pledge, mortgage or alienation shall be
void and of no further force or effect, and wi'Il not be reflected upon the
books and records of the Association. Any transfer of the fee title to a lot,
tract or parcel of real estate out of or a part of the Property shall
automatically operate to transfer the membership to the new Owner thereof. In
the event an Owner should fail or refuse to transfer the membership in the
Association registered in such Owner's name to the transferee of such Owner's
interest in all or any part of the Property, the Association shall have the
right to record the transfer upon the books and records of the Association.
Section 3.03. Classes of Voting Membership and Voting Rights. The
Association shall have two (2) classes of voting membership:
CLASS A MEMBERSHIP. Class A Members shall be all
Owners with the exception of the Declarant. Subject to the
provisions of Section 3.05, Class A Members shall be entitled to:
(a) One (1) vote for each Lot (whether or not
such Lot has been improved with a residential
structure) in which such Member holds the interest
required for membership in the Association; and
(b) One (1) vote for each ' and eve. fy
20,000 square feet of real estate owned by such
Member out of and a part of the Property, not
subdivided by such Owner into Lots. No Class A
Member shall be entitled to a vote pursuant to this
Section 3.03(b) in the event such Owner owns less
than 20,000 square feet of real estate out of and a
part of the Property unless such tract or parcel of
land containing less than 20,000 square feet of land
has been platted as a Lot. A fractional number of
votes shall be rounded off to the nearest whole
number. For purposes of this Section 3.03(b) only,
any lot, tract or parcel of real estate out of and a
part of the Property upon which is constructed a
Condominium Building or an Apartment Complex shall
not be considered for purposes of calculating the
number of square feet of real estate owned by a
Class A Member. In the event that the Owner of an
Apartment Complex or the developer of a Condominium
Building is developing such improvements in phases
and during the course of such development such
Owner or developer has completed certain phases of
the Apartment Complex or Condominium Buildings while
- 8 - 99500-0151.3
retaining adjoining Tracts for future development the
votes allocated between the Tracts, Apartment
Complexes and/or Condominium Buildings shall be
determined by the Board of Directors in its reasonable
discretion. Votes allocated to Apartment Complexes
and Condominium Buildings shall be determined in
accordance with Sections 3.03(d) and 3.03(c),
respectively. The Board of Directors shall, in its
reasonable discretion, determine how much of the
unimproved Property within a phased development
owned by an Owner shall be deemed to be a Tract the
ownership of which entitles the Owner to those votes
set forth in this Section 3.03(b); and
(c) One (1) vote for each and every
Condominium Unit owned by such Class A member in a
Condominium Building for which a certificate of
occupancy has been issued by the appropriate
governmental authorities. Where an association or
other organization has been established with respect to
a Condominium Building, the board of directors or
other governing body so empowered under the
organizational documents of such association or
organization shall not be entitled to cast all of the
votes exercisable hereunder with respect to such
Condominium Building on each and every matter in
question on which a vote is authorized or permitted
under this Declaration or the Articles of Incorporation
or Bylaws of the Association. Such association or
organization may not be entitled to cast the votes
exercisable hereunder in one block on behalf of such
Condominium Building or condominium regime. Each
individual Owner of a Condominium Unit shall be
entitled to cast the vote allocated to such Owner's
Condominium Unit; and
(d) One-fourth (1/4) vote for each and every
Apartment Unit owned by such Class A member within
an Apartment Complex for which a Certificate of
Occupancy has been issued by the appropriate
governmental authorities.
CLASS B MEMBERSHIP. The Class B Member shall be the
Declarant. The Class B Member shall be entitled to one (1) vote
for each and every 1,000 square feet of real estate owned by it
within the Property; provided, however, real estate owned by
Declarant and designated as Common Area shall not be included in
determining the votes to which Declarant is entitled. The Class B
Membership shall cease and be converted to Class A Membership on
the happening of either of the following events, whichever occurs
earlier:
(a) When the total number of votes outstanding
in the Class A Membership is ten (10) times greater
- 9 - 9950(]-0151.3
than the total number of votes outstanding in the
Class B Membership; or
(b) On the date of the sale by Declarant of
seventy-five percent (75°o) of the Property as such
Property may be supplemented or expanded by
annexation, merger or consolidation in accordance with
Article II. Upon the termination of the Class B
Membership, the Declarant shall thereafter be a Class
A Member.
Notwithstanding the foregoing, with respect to Estates owned by
the Declarant and developed or being developed as an Apartment
Complex, Condominium Building or Lot, the Declarant shall be
deemed to be a Class A Member for purposes of calculating votes
attributable to the Estates being developed as aforesaid.
Section 3.04. Suspension of Voting Rights. The voting rights of any
Member set forth in this Declaration may be suspended by the Board of
Directors of the Association for any period during which any Assessment
remains past due, unless the Member is in good faith contesting the validity or
amount of the Assessment.
Section 3.05. Multiple Owner Votes. Votes hereunder may not be cast
on a fractional basis between multiple Owners of (a) a Lot, (b) a lot, tract or
parcel of real estate out of or a part of the Property containing 20,000 square
feet or more, (c) a Condominium Unit in a Condominium Building or (d) an
Apartment Unit within an Apartment Complex. Further, where there are
multiple Owners of an Estate it is not intended by Secton 3.03 that each of
said Owners shall be entitled to cast the votes allocated to such Estate. As an
example, where three (3) persons own a Lot or Condominium Unit they shall
jointly be entitled to vote the one (1) vote allocated to such Estate and shall
hot each be entitled to cast a full vote. When more than one person or entity
owns the interest or interests in and to any of the items described in (a)
through (d) of this Section, as required for Membership in the Association,
each and every person or entity shall be a Class A Member, and the vote for
any of the items described in (a) through (d) of this Section shall be
exercised as they, among themselves, collectively determine. If such Owners
are unable to agree among themselves as to how their vote or votes shall be
cast, they shall forfeit the vote or votes on the matter in question. If more
than one (1) person or entity purports to exercise the voting rights with
respect to any of the items described in (a) through (d) of this Section on
any matter in question, none of such votes shall be counted in tabulating the
vote on such matter and such votes shall be deemed void. The Association
shall not be required to recognize the vote or written assent of any such
multiple Owners except the vote or written assent of the Owner designated in
writing executed by all of such multiple Owners and delivered to the
Association.
Section 3.06. Quorum, Notice and Voting Requirements.
(a) Subject to the provisions of Paragraph (c) of this
Section, any action authorized by Sections 4.06 or 4.07 of
Article IV of this Declaration shall require the assent of the
- 10 - 99500-0151.3
majority of the vote of each Class of Members entitled to vote,
which Members are voting in person or by proxy at a meeting duly
called for that purpose, written notice of which meeting shall be
given to ali Members not less than ten (10) days nor more than
sixty (60) days in advance and shall set forth the purpose of such
meet ing.
(b) The quorum required for any action referred to in
Paragraph (a) of this Section shall be as follows:
At the first meeting called, the presence at the
meeting of Members, or of proxies, entitled to cast
fifty percent (50°0) of all of the votes of each Class of
Members of the Association shall constitute a quorum.
If the required quorum is not present at the first
meeting, one additional meeting may be called subject
to the notice requirement hereinabove set forth, and
the required quorum at such second meeting shall be
one-half (1/2) of the required quorum at the preceding
meeting; provided, however, that no such second
meeting shall be held more than sixty (60) days
following the first meeting.
(c) As an alternative to the procedure set forth above,
any action referred to in Paragraph (a) of this Section may be
taken with the assent given in writing and signed by the Members
who hold at least sixty percent (6CY~o) of the outstanding votes of
each Class of Members of the Association; so long as all Members
are given prior written notice of the action to be taken in
accordance with this Section 3.06(c).
(d) Except as specifically set forth-in this Declaration,
notice, voting and quorum requirements for all actions to be taken
by the Association shall be consistent with its Articles of
Incorporation and Bylaws, as same may be amended from time to
time. Except as set forth in Section 3.06(b) quorum requirements
are governed by the Bylaws.
Section 3.07. Additional Voting Requirements. Notwithstanding
anything to the contrary contained in this Declaration, consent of the Members
to which at least sixty seven percent (67%) of the votes in each Class of
Members in the Association are allocated and the approval of Eligible Lenders
holding mortgages on Estates which have at least fifty-one percent (51%) of the
votes of Estates subject to Eligible Lender mortgages shall be required to add
or amend any material provisions of this Declaration or the Articles of
Incorporation or Bylaws of the Association which establish, provide for,
govern or regulate any of the following:
(a) Voting rights;
(b)
liens;
Assessments, assessment liens or subordination of such
- 11 - 99500-0151.3
(c) Reserves for maintenance, repair and replacement of
the Common Area;
(d) Insurance or fidelity bonds;
Rights to use of the Common Area;
(f) Expansion or contraction of the Property or the
addition, annexation or withdrawal of property to or from the
P rope rty;
(g) Boundaries of any Estate;
(h) The interests in the Common Area;
(i) Convertibility of Estates into Common Area or of
Common Areas into Estates;
(j) Imposition of any right of first refusal or similar
restriction on the right of an Estate Owner to sell, transfer, or
otherwise convey his or her Estate but in no event shall any such
right or restriction be imposed by the Association;
(k) Any provisions which are for the express benefit of
mortgage holders or Eligible Lenders;
(I) Responsibility for maintenance and repair; and
(m) the leasing of Estates.
Any Eligible Lender who receives a written request to approve additions
or amendments or a written request for some other response and who does not
deliver or post to the Association a negative response within thirty (:30) days
of such request shall be deemed to have approved such request.
Eligible Lenders shall only be entitled to vote those votes as are
allocated to the Estate covered by their lien.
Further, and notwithstanding anything implied to the contrary in this
Section :3.07, Eligible Lenders shall only be entitled to vote on matters which
would have the effect of altering or amending material provisions of this
Declaration which relate to those matters set forth in Section :3.07 (a)-(m).
As an example, if this Declaration requires a majority vote of the
Members to increase the rate of annual assessment then such rate may be
increased by a majority vote of the Members without the vote of Eligible
Lenders. On the other hand, if the issue presented for a vote is one
intended to reduce the amount of votes required to increase the rate of annual
assessment by amending those provisions of this Declaration, then such issue
must be approved by 67 percent of the votes of each Class of the Members of
the Association and 51 percent of the Eligible Lenders. Eligible Lenders shall,
in any event, be considered as one (1) class of voters with all of their votes
to be taken together to determine whether a fifty-one percent (51%) majority of
such persons or entities has approved such amendment.
- 12 - 99500-0151.3
ARTICLE IV
ASSESSMENTS
Section 4.01. Covenants ~or Assessments. The Declarant, for each lot,
tract or parcel of real estate owned by it out of or a part of the Property,
hereby covenants and agrees to pay, and each Owner of any lot, tract or
parcel of real estate out of or a part of the Property by acceptance of a deed
or other conveyance document creating in such Owner the interest required to
be deemed an Owner, whether or not it shall be so expressed in any such
deed or other conveyance document, shall be deemed to covenant and agree
(and such covenant and agreement shall be deemed to constitute a portion of
the consideration and purchase money for the acquisition of such lot, tract or
parcel of real estate out of or a part of the Property) to pay to the
Association (or to any entity or collection agency designated by the
Association): (1) annual assessments or charges (as specified in Section 4.03
of this Article IV), such assessments to be fixed, established and collected
from time to time as herein provided; (2) special assessments for capital
improvements and other purposes (as specified in Section 4.04 of this
Article IV), such assessments to be fixed, established and collected from time
to time as herein provided; and (3) individual special assessments levied
against individual Owners to reimburse the Association for extra costs for
maintenance and repairs caused by the willful or negligent acts or omissions of
an individual Owner and not caused by ordinary wear and tear (as specified in
Section 4.05 of this Article IV), such assessments to be fixed, established and
collected from time to time as herein provided. The assessments
("Assessments") described in (1), (2) and (3) of this Section 4.01 of
Article IV, together with interest thereon, attorneys' fees, court costs and
other costs of collection thereof, as herein provided, shall be a charge on the
land and shall be a continuing lien upon each Estate against which each such
Assessment is made. Each such Assessment, together with interest thereon,
attorneys' fees, court costs and other costs of collection thereof, as herein
provided, shall also be the personal obligation of the Owner of such Estate
against which such Assessment is made at the time when the Assessment fell
due. No Owner may exempt himself from liability for such Assessment or
waive or otherwise escape liability for the Assessments for non-use of the
Common Area or abandonment of his Estate. The personal obligation to pay
any such Assessment, together with interest thereon, attorneys' fees, court
costs and other costs of collection thereof, as herein provided, shall pass to
the successors in title of such Owner whether or not expressly assumed in
writing by such successors; provided that such personal obligation to pay
Assessments and other costs and charges shall not pass to mortgagees of such
Owner who suceed to the title of such Owner.
Section 4.02. Purpose of Assessments. The Assessments levied by the
Association shall be used, in part, for the purpose of: (1) promoting the
recreation, comfort, health, safety and welfare of the Members and/or the
residents of the Property, (2) managing the Common Area, and (3) enhancing
the quality of life in the Property and the value of the Property; and in
particular for the improvement and maintenance of the properties, services and
facilities devoted to the purpose and related to the use and enjoyment of the
Property including, but not limited to, the maintenance of areas within public
rights-of-way, the payment of taxes on the Common Area and insurance in
connection with the Common Area and the repair, replacement and addition
- 13 - 99500-0151.3
thereto; for payin9 the cost of labor, equipment (including the expense of
leasing any equipment); for payment of the cost of providing or making
available to the Members various tiers of cable television services and for
providing or making available to the Members various security and fire
protection services; for carrying out the powers and duties of the Board of
Directors of the Association as set forth in Article V of this Declaration; for
carrying out the purposes of the Association as stated in its Articles of
Incorporation; and for carrying out the powers and duties of the Architectural
Review Committee and the Board of Directors.
The Assessments herein provided for shall also be used to maintain,
preserve and promote the beautification and utility of the Lake System within
the Property, including, without limiting the generality of the foregoing, the
regulation of silt, plant growth, and other debris accumulation in the Lake
System, and the control of the breeding and proliferation of mosquitoes and
other pests in or around the Lake System, and including the maintenance of
the concrete and wood walls and the stone paving lining the banks of the
lakes.
Section 4.03. Annual Assessments.
(a) Except as set forth in Section 4.03(b) below and
except as set forth in the second paragraph of this
Section 4.03(a), each Member shall pay to the Association an
annual assessment not to exceed eighteen cents ($.18) per one
hundred dollars (SI00.00) of value of the Estate so owned by such
Owner, as assessed by the Dallas County Appraisal District (or if
such Estate is not assessed by the Dallas County Appraisal District
then by the taxing or appraisal authority that establishes tax
values for the municipal tax roll of the municipality or
governmental district in which the Estate is situated), for ad
valorem tax purposes for the then current calendar year.
Notwithstanding the preceding sentence of this
Section 4.03(a), the following provisions of this Section 4.03(a)
shall govern and control the determination of the assessed
valuation of an Estate which is being improved with an Apartment
Complex. In the event that an Apartment Complex is under
construction or has been completed, but its market value (as
increased by such improvements) has not yet been reappraised and
recognized on the ad valorem tax rolls by the relevant municipal
appraising authority, the Board of Directors may adjust the
assessed valuation of such Estate to reflect its estimated market
value based upon improvements completed as of January 1 of the
year in which the annual assessments shall be levied. Further, at
the time that a Certificate of Occupancy is issued for all or a
portion of an Apartment Complex, the Board of Directors may make
an additional adjustment to the assessed valuation of the Apartment
Complex to reflect the estimated assessed valuation of the
Apartment Complex at substantial completion. The annual
assessments levied with respect to an Apartment Complex may be
adjusted effective as of January I in any year that the assessed
valuation for the Apartment Complex is adjusted in accordance with
the preceding and may be adjusted effective as of the first day of
- 14 - 99500-0151.3
the month of issuance of a Certificate of Occupancy for all or any
portion of an Apartment Complex. Such adjustment to the annual
assessment will be made as a result of the adjustments in assessed
valuation determined by the Board of Directors, in its reasonable
judgment, in accordance with the preceding provisions of this
Section 4.03(a). The determination of the Board of Directors as to
the assessed valuation of the Apartment Complex as substantially
complete, shall be the basis for the determination of annual
assessments until such time as the Dallas County Appraisal District
(or if such Apartment Complex is not assessed by the Dallas
County Appraisal District, then by the taxing or appraisal
authority that establishes tax values for the municipal tax roll of
the municipality or governmental district in which the Estate is
situated) has reappraised the Apartment Complex as substantially
complete and such reappraisal is incorporated into the tax rolls
and records of the relevant municipality. Thereafter, annual
assessments shall be determined in accordance with the provisions
of the first sentence of Section 4.03(a). Any valuations for
assessment purposes made by the Board of Directors in accordance
with the foregoing shall be made in a reasonable and good faith
manner and shall yield consistent valuations among different
Owners and different Estates. In the event that any such valuation
for assessment of an Estate made by the Board of Directors
subsequently proves to be higher than the valuation for
assessment of such Estate made by the relevant municipal
appraising authority, the Owner of such Estate shall be entitled to
a credit against subsequent assessments in an amount equal to the
excess assessments paid by the Owner of such Estate as a result
of such higher valuation.
(b) The provisions of this Section 4.03(b) apply to all
Estates improved with or zoned or restricted to use for Residential
Use other than Estates improved with or zoned or restricted to use
as an Apartment Complex. Notwithstanding anything to the
contrary contained in Section 4.03(a) above, each Owner of an
Estate improved with residential improvements, other than an
Apartment Complex, which Estate has not been reassessed by the
Dallas County Appraisal District (or such substitute or successor
assessing authority, as aforesaid) subsequent to the issuance of a
Certificate of Occupancy shall pay annual assessments determined
in accordance with this Section 4.03(b). Prior to the issuance of
the Certificate of Occupancy, each Member owning an Estate
covered by this Section 4.03(b) shall pay to the Association an
annual assessment not to exceed eighteen cents ($.18) per one
hundred dollars (SI00.00) of value of the Estate so owned by such
Owner, as assessed by the Dallas County Appraisal District (or
such substitute or successor assessing authority, as aforesaid) for
ad valorem tax purposes for the preceding calendar year. Upon
the issuance of a Certificate of Occupancy for an Estate covered
by this Section 4.03(b) the annual assessment for any such Estate
shall be equal to one hundred twenty dollars ($120.00) per annum
for the period of time specified in the following sentence. The
assessments for Estates covered by this Section 4.03(b) shall be
equal to one hundred twenty dollars (S120.00) I~er annum from and
- 15 - 99500-0151.3
after the date of issuance of the Certificate of Occupancy for the
residential improvements on such Estate until Decemt)er 31 of the
year in which said Estate has been reassessed by the Dallas
County Appraisal District (or such substitute or successor
assessing authority, as aforesaid) based upon the value of the
Estate with the improvements thereon certified for occupancy. For
calendar years thereafter, the annual assessment for the Estate
covered by this Section 4.03(b) shall be determined in accordance
with the provisions of the first sentence of Section 4.03(a).
(c) The Board of Directors may, after consideration of
current maintenance, operational and other costs and the future
needs of the Association, fix the actual annual assessments for any
year at a lesser amount. The Association may not accumulate a
surplus at the end of any fiscal year which is more than thirty
percent (30%] of the maximum permissible annual assessment for
the subsequent fiscal year to be levied against the Members of the
Association. The Board of Directors shall, should any such
surplus exist at the end of any fiscal year, reduce the annual
assessment to be levied against the Members of the Association for
the subsequent fiscal year by an amount equal to such surplus.
Declarant shall not be required to pay assessments with respect to
portions of the Property owned by Declarant and designated as
Common Area.
(d) The amount and time of the payment of the annual
assessment shall be determined by the Board of Directors pursuant
to the Articles of Incorporation and Bylaws of the Association.
The Board may provide that annual assessments shall be paid
monthly, quarterly, semi-annually or annually on a calendar year
basis. Not later than thirty (30) days prior to the beginning of
each fiscal year of the Association, the Board shall estimate the
total common expenses to be incurred by the Association for the
forthcoming fiscal year. The Board shall then determine, in a
manner consistent with the terms and provisions of this
Declaration, the amount of the annual assessment to be paid by
each Member. Written notice of the annual assessment to be paid
by each Member shall be sent to every Member but only to one
joint owner. Each Member shall thereafter pay to the Association
his annual assessment in installments as established by the Board.
Section 4.04. Special Assessments. In addition to the annual
assessments authorized by Section 4.03 of this Article IV, the Association may
levy in any calendar year a special assessment for the purpose of defraying,
in whole or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a capital improvement upon the Common
Area, including the necessary fixtures and personal property related thereto,
or for maintenance of portions of the Common Area and improvements therein
or for carrying out other purposes of the Association as stated in the Articles
of Incorporation of the Association; provided, that, any such special
assessment levied by the Association shall have the approval of the Members of
the Association as provided in Section 4.07, below.
- 16 - 99500-0151.3
Section 4.05. Special Individual Assessments. Upon the affirmative
majority vote of the Board of Directors of the Association as provided herein,
the Association may levy special assessments against individual Owners for:
(i) reimbursement to the Association for repairs to the Common Area or
improvements thereto occasioned by the willful or negligent acts of such
Owner(s) and not the result of ordinary wear and tear; or (ii) for payment of
fines, penalties, or other charges imposed against an individual or separate
Owner relative to such Owner's failure to comply with the provisions of this
Declaration, the Bylaws of the Association or any rules or regulations
promulgated hereunder.
Section 4.06. Vote Required for Increase in Rate of Annual Assessment.
The increase in the rate of the annual assessment as authorized by
Section 4.03 of this Article IV must be approved as follows:
(a) From and after January 1 of the year immediately
following the conveyance of the first Estate to an Owner, the
maximum annual assessment may be increased each year not more
than ten percent (10°o) (such maximum percentage increase may be
cumulative from year-to-year) 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 Estate to an Owner, the
maximum annual assessment may be increased above ten
percent (1C~) by the vote or written consent of at least fifty-one
percent (51%) of each class .of Members, inclusive of the class of
Eligible Lenders.
(c) The Board of Directors shall fix the annual assessment
at an amount not in excess of the maximum unless otherwise
approved in accordance with the preceding.
Section 4.07. Vote Required for Special Assessment. Any special
assessment levied by the Association in accordance with Section 4.04 of this
Article IV, must be approved by the Members in accordance with Section 3.06
hereof.
Section 4.08. Date of Commencement of Annual Assessments and Due
Date of Assessments. The annual assessments provided for in this Declaration
shall commence as to the Property on October 1, 1985, and such assessment or
any installment thereof (if payable in installments), shall be considered
delinquent if not paid by October 30, 1985. The first annual assessment shall
be made for the balance of the calendar year in which it is levied. The
amount of the annual assessment which may be levied for the balance remaining
in the first year of assessment shall be an amount which bears the same
relationship to the.annual assessment provided for in Section 4.03 of this
Article IV as the remaining number of months in that year bears to
twelve (12). The annual assessments for any year after 1985 shall become due
and payable on January 1 of such year and such assessment or any installment
thereof (if payable in installments) shall be considered delinquent if not paid
within thirty (30) days after such assessment or any installment thereof is
stated to be due and payable.
- 17 99500-0151,3
Section 4.09. Division of Special Assessments. Special Assessments
shall be fixed at an amount for each Estate equal to the product of the total
Special Assessment times a fraction, the numerator of which is the assessed
valuation of such Estate (as determined in accordance with Section 4.03 of this
Article IV) and the denominator of which is the total of all such assessed
valuations for Estates.within the Property.
Section 4.10. No Offsets. All Assessments shall be payable in the
amount specified by the Association and no offsets against such amount shall
be permitted for any reason.
Section 4.11. Reserves. The annual assessments shall include
reasonable amounts, as determined by the Board of Directors, collected as
reserves for the future periodic maintenance, repair and/or replacement of all
or a portion of the Common Area. All amounts collected as reserves, whether
pursuant to this Section or otherwise, shall be deposited by the Association in
a separate bank account to be held in trust for the purposes for which they
were collected and are to be segregated from and not commingled with any
other funds of the Association. Assessments collected as reserves shall not be
considered to be advance payments of regular Assessments.
Section 4.12.
Nonpayment of Assessments.
(a) Delinquency. Any Assessment provided for in this
Declaration, that is not paid in full when due shall be delinquent
on the date after the date due ("delinquency date") as specified in
the notice of such Assessment. The Association shall have the
right 'to reject partial payment of an Assessment and demand full
payment thereof. If any Assessment or part thereof is not paid
within ten (10) days after the delinquency date, the unpaid
amount of such Assessment shall bear interest after the
delinquency date until paid at a rate equal to the lesser of
eighteen percent (18%) per annum or the maximum lawful rate.
(b) Lien. The unpaid amount of any Assessment not paid
by the delinquency date shall, together with the interest thereon
as provided in Section 4.12(a) of this Article IV and the cost of
collection thereof, including reasonable attorneys' fees, as herein
provided, thereupon become a continuing lien and charge on the
Estate of the non-paying Owner covered by such Assessment,
which shall bind such Estate in the hands of the Owner, and his
heirs, executors, administrators, devisees, personal represen-
tatives, successors and assigns. The aforesaid lien shall be
superior to all other liens and charges against the said real
property, except only for tax liens and the lien of any bona fide
mortgage or deed of trust now or hereafter placed upon said real
property subject to an Assessment and which mortgage or deed of
trust is recorded prior to recordation of written notice of past due
Assessments. In the event of the foreclosure of a lien superior
to the lien for Assessments (which superior lien is described in
the preceding sentence) and the sale of the property subject to
an Assessment as a result thereof, the Assessment lien is
discharged with respect to all Assessments accrued prior to the
sale. However, such a sale shall not relieve the purchaser of such
- 18 - 99:500-0151.3
real property from liability for any Assessment thereafter
becoming due nor from the lien of any such subsequent Assessment.
The Association shall have the power to subordinate the lien
securing the payment of any Assessment to any other lien. As
hereinbefore stated, the personal obligation of the Owner, at
the time of such Assessment, to pay such Assessment shall remain
the personal obligation of such Owner and may pass to such
Owner's successors in title whether or not expressly assumed by
them in writing, as set forth in Section 4.01 hereinabove. The
lien for the unpaid Assessments shall be unaffected by any sale
or assignment of an Estate and shall continue in full force and
effect.
To evidence the aforesaid lien, the Association shall prepare
a written notice of lien setting forth the amount of the unpaid
indebtedness, the name of the Owner of the real property covered
by such lien and a description of the Estate covered by such lien.
Such notice shall be executed by an officer of the Association and
shall be recorded in the office of the County Clerk of Dallas
County, Texas.
(c) Remedies. The lien securing the payment of the
Assessments shall attach to the Estate belonging to such
non-paying Owner with the priority set forth in this Section.
Subsequent to the recording of a notice of the lien as provided in
this Section, the Association may institute an action at law against
the Owner or Owners personally obligated to pay the Assessment
and/or for the foreclosure of the aforesaid lien by judicial
foreclosure. In any foreclosure proceeding the Owner shall be
required to pay the costs, expenses and reasonable attorneys' fees
incurred by the Association. In the event an action at law is
instituted against the Owner or the Owners personally obligated to
pay the Assessment, there shall be added to the amount of any
such Assessment the interest provided in this Section, the costs of
preparing and filing the complaint in such action and the
reasonable attorneys' fees incurred in connection with such action;
and in the event a judgment is obtained, such judgment shall
include interest on the Assessment as provided in this Section and
a reasonable attorneys' fee to be fixed by the court, together with
the costs of the action. Each Member vests in the Association or
their assigns the right and power to bring all actions at law or
lien foreclosure against such Member or other Members for the
collection of such delinquent Assessments. Upon the written
request of any mortgagee holding a prior lien on any part of the
Property, the Association shall report to said mortgagee any
Assessments remaining unpaid for longer than sixty (60) days
after the delinquency date of such Assessment.
Section 4.13. Exempt Property. The following property subject to the
Declaration shall be exempt fro~ the assessments, charges and liens created in
this Declaration:
(a) All properties dedicated and accepted by the local
public authority, public utilities and devoted to public use,
lCJ ' cjg500-0151.3
including, but not limited to any and all property owned by any
school district or the City of Coppell, Texas;
(b) All Common Area; and
(c) All portions of the Property owned by non-profit
organizations and restricted for use as private schools or
churches; provided, however, the exemption of such organizations
and the portions of the Property owned by same is subject to
review and approval by the Board of Directors of the Association,
such exemption being contingent upon approval by the Board of
Di rectors.
Portions of the Property which are exempt from the assessments, charges and
liens created by this Declaration pursuant to Section 4.13(a) or (c) shall in
any event be subject to all other provisions of this Declaration including, but
not limited to, the Protective Covenants of Article IX, architectural review
requirements of Article X and the liability for special individual assessments as
set forth herein. Owners of portions of the Property which are exempt
pursuant to Section 4.13(a) and (c) shall be Members of the Asssociation but
shall have no votin9 rights.
Section 4.14. Estoppel Information from Board of Directors with Respect
to Assessments. The Board of Directors of the Association shall upon demand
at any time furnish to any Owner liable for an Assessment, a certificate in
writing signed by an officer of the Association, setting forth whether said
Assessment has been paid. Such certificate shall be conclusive evidence of
payment of any Assessment therein stated to have been paid. A reasonable
charge may be made by the Board for the issuance of such certificates.
ARTICLE V
GENERAL POWERS AND DUTIES OF THE BOARD
OF DIRECTORS OF THE ASSOCIATION
Section 5.01. Powers and Duties. The affairs of the Association shall
be conducted by the Board of Directors (herein so-called) of the Association.
The Board of Directors of the Association shall be selected in accordance with
the Articles of Incorporation and the Bylaws of the Association. In addition to
the powers and duties enumerated in the Articles of Incorporation and the
Bylaws of the Association, or elsewhere provided for herein, and without
limiting the generality thereof, the Board of Directors, for the mutual benefit
of the Members of the Association, shall have the following powers and/or
duties:
(a) If, as and when the Board of Directors of the
Association, in its sole discretion, deems necessary it may take
such action to enforce the terms and provisions of this Declaration
and the Articles of Incorporation and the Bylaws of the Association
by appropriate means and carry out the obligations of the
- 20 - 99500-01,51.3
Association hereunder, including without limitation, the
expenditure of funds of the Association, the employment of legal
counsel and accounting services, the commencement of legal causes
of action, the promulgation and enforcement of the Association
rules (herein so-called) which may include the establishment of a
system of fines and/or penalties enforceable as special individual
assessments as provided in Section 4.05 of Article IV to this
Declaration, and to enjoin and/or seek legal damages from any
Owner for violation of such provisions or rules;
(b) To acquire, maintain and otherwise manage all of the
Common Area and all facilities, improvements and landscaping
thereon, and all personal property acquired or owned by the
Association;
(c) To execute all declarations of ownership for tax
assessment purposes and to pay any and all real and personal
property taxes and other charges or assessments assessed against
the Common Area, unless the same are separately assessed to all
or any of the Owners;
(d) To obtain, for the benefit of the Common Area, all
water, gas and electric services, refuse collections, landscape
maintenance services and other services, which in the opinion of
the Board of Directors shall be necessary or proper;
(e) To make such dedications and grant such easements,
licenses, franchises or other rights, which in its opinion are
necessary for street, right-of-way, utility, sewer, drainage and
other similar facilities or video services, cable television services,
security services, communication services and other similar
services over the Common Area to serve the Property or any part
thereof;
(f) To contract for and maintain such policy or policies of
insurance as may be required by this Declaration or as the Board
of Directors of the Association deems necessary or desirable in
furthering the purposes of and protecting the interest of the
Association and its Members;
(g) To borrow funds to pay costs of operatic~n secured by
assignment or pledge of its rights against delinquent Owners to
the extent deemed advisable by the Board of Directors of the
Association;
(h) To enter into contracts for legal and accounting
services, maintain one or more bank accounts, and generally, to
have the powers necessary or incidental to the operation and
management of the Association and the Common Area;
(i) To enter into contracts for the provision of security
services to the Property;
- 21 - 99500-0151.3
(j) If, as and when the Board of Directors of the
Association, in its sole discretion, deems necessary it may take
action to protect or defend the Common Area or other property of
the Association from loss or damage by suit or otherwise;
(k) To sue and defend in any court of law on behalf of
the Association or one (1) or more Members thereof;
(I) To establish and maintain a working capital ~nd/or
contingency fund in an amount to be determined by the Board of
Directors of the Association;
(m) To make reasonable rules and regulations for the
operation and use of the Common Area and to amend same from
time to time; provided, however, that any rule or regulation may
be amended or repealed by an instrument in writing signed by a
majority of the Members or, with respect to a rule or regulation
applicable to less than all of the Property, by the Members in that
portion of the Property affected thereby;
(n) To make available to each Owner and any individual or
entity holding a mortgage or deed of trust on any Estate within
sixty (60) days after the end of each fiscal year, an audited
annual report and such annual report shall contain a balance
sheet, income statement, statement of sources and use of funds,
auditor's opinion and notes;
(o) To adjust the amount, coil;ct and use any insurance
proceeds to repair damage or replace lost property owned by the
Association, and if the proceeds are insufficient to repair damage
or replace lost property owned by the Association, to assess the
Members in proportionate amounts to cover the deficiency as set
forth in Section 4.04;
(p) To provide services for the benefit of Members,
including but not limited to, security, entertainment, recreation,
education and television cable;
(q) To maintain the landscaped areas of Estates, all at
the sole cost and expense of Estate Owners contracting with the
Association for the provision of such services;
(r) To delegate its powers and duties to committees,
officers or employees as provided in the Bylaws of the Association,
employ a manager or other persons and contract with independent
contractors or managing agents who have professional experience
to perform all or any part. of the duties and responsibilities of the
Association, provided that any contract with a person or entity
appointed as a manager or managing agent shall be terminable
without cause on not more than thirty (30) days written notice by
the Association and shall have a term of not more than one (1)
year with successive one (1) year renewal periods upon the mutual
agreement of the parties.
- 22 99500-0151.3
Section 5.02. Contracts Terminable. Prior to the date that the Class B
Membersh.p converts to Class A Membership, the Board of Directors shall enter
into no contracts or agreements which are not terminable by such Board upon
no more than ninety (90) days prior written notice.
ARTICLE VI
PROPERTY RIGHTS IN THE COMMON AREA
Section 6.01. Members' Easements ~rf Enjoyment. Subject to the
provisions of Section 6.03 o{ this Article, Section 12.09 of Article XII and
Section F~.05 c; Article VIII, every Member ~nc! every tenant of every Member,
who res!des o- ar Estate. aqd each individu~' ~he res!des with either of them,
respectively, en such Estate shall have a right and easement of use and
enjoyment in a.-d to the Common Area and such easement shall be appurtenant
to and shall p~ss with the title of every Es:ate, PROVIDED, HOWEVER, such
easement shall not give such person the right to make alterations, additions or
improvements to the Common Area.
Section 6.02. Title to the Common Area. The Declarant shall dedicate
and convey (at such time as any Common Area shall be created by the
Declarant), without consideration, the fee si.'nple title to those portions of the
Common Area owned by the Declarant to the Association, free and clear of
liens and encumbrances other than those created in 'this Declaration and such
Common Area shall be accepted by the Association, in writing.
Section 6.03. Ext~nt of Members' Easements'. The rights and easements
of enjoyment created hereby shall be subject to the following:
(a) The right of the Association to prescribe regulations
governing the use, operation and maintenance of the Common Area.
(b} Liens of mortgages placed against the Common Area
with respect to monies borrowed by the Association for the
purpose of improving the Common Area and facilities;
(c) The right of the Association to enter into and execute
contracts with third parties (including the Declarant, or an
affiliate of the Declarant, so long as such contracts do not provide
for compensation to the Declarant, or its affiliate, which exceeds
compensa:ion which would be paid to an independent third party
for such services) for the purpose of providing maintenance or
such other materials or services cons;stent with the purposes of
the Asseciation;
(dj
reasonably
foreclos,_--e;
The ri~;ht of the Associati=n to take such steps as are
necessary to protect the Common Area against
(el The right of the Associat;on, as may be provided in
its ByLa.~'s, to suspend the voting rights of any MemSer for any
· - 23 - 99:~q,n-0151~3
period during which any Assessment against an Estate owned by
such Member remains past due, and for any period not to exceed
sixty (60) days for an infraction of its rules and regulations,
unless the Member in 9oDd faith contests such Assessment or rules
and regulations.
ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
Section 7.01. Insurance. The Association's Board of Directors or its
duly authorized agent shall have the authority to and shall obtain insurance
:ct all insura~)le imp-c',-ernents on the Common Arez. This insurance shell
cover loss or damage by fire or other hazards, including extended coverage,
vandalism, and malicious mischief and shall be in an amount sufficient to cover
the full replacement cost of any repair or reconstruction in the event of
damage or destruction from any such hazard.
The Board of Directors of the Association shall obtain a public liability
policy applicable to the Common Area covering the Association and its Members
for all damage or injury caused by the negligence of the Association or any of
its members or agents, and, if reasonably available, directors' and officers'
liability insurance. The public liability policy shall have a combined single
limit of at least One Million ($1,000,000.00) Dollars.
Premiums for all insurance shall be common expenses of the Association.
The policies may contain a reasonable deductible, and the amount thereof shall
be added to the face amount of the policy in determining whether the
insurance at least equals the full replacement cost.---
All such insurance coverage obtained by the Board of Directors of the
Association shall be written in the name of the Association, as trustee, for the
respective benefitted parties, as further identified in subparagraph (b),
be:ow. Such insurance shall be governed by the provisions hereinafter set
forth:
(a) All policies shall l~e written with a company licensed to
do business in Texas and holding a rating of XI or better in the
Financial Category as established by A.M. Best Company, Inc., if
available, or, if not available, the most nearly equivalent rating.
(b) All policies shall be for the benefit of the Owners and
their mortgagees, as their interests may appear.
(c) Exclusive authority to adjust losses under policies
obtained by the Association shall be vested in the Association's
E~oard of Directors; provided, however, no mortgagee having an
interest in such losses may be prohibited from participating in the
settlement negotiations, if any, related thereto.
24 - 99sn0-(1151.3
(d) in no event shall the insurance torero_ce obtained and
mainta,ned by the Assocmation's l~oard of Directors hereunder be
brought into contribution with insurance purchased by individual
Owners, occupants, or their mortgagees, and the insurance carried
~¥ the Association shall be primary.
(e) '-II casualty insurance policies shall have an inflation
_cuard en¢orsernent, if reasonably available, and an a~reed amount
endorsement ~'ith an annual review by one or more qualified
persons, at leas: one of whom must be in the real estate industry
and familiar with construction in the Datlas County, Texas, area.
If) The Association's Board of Directors shalt be required
ts -.~i~e e~e-x' reEscq~5_;e eZfor'. to secure ins~'r~nce ~c'icies that
s~iil Drovice .-'or the following-
(i) a ~s:aiver of subro~atmon by the insurer as
to any claims against the Association's Board of
Directors, its manager, the Owners and their
respecz~ve tenants, servants, a~ents, and guests;
(ii) a ~'aiver by the insurer of its rights to
repair and reconstruct instead of paying cash;
(iii) that no policy may be cancelled,
invalidated, or suspended on account of any one or
more individual Owners; ,
(iv) that no policy may be cancelled,
invalidated, or suspended on account of--any defect or
the conduct of any director, officer, or employee of
the Association or its duly authorized manager without
prior demand in writing delivered to the Association to
cure the d~fect or to cease the conduct and the
allowance of a reasonable time thereafter within which
a cure may be effected by the Association, its
manager, any Owner or mo, rtgagee;
(v) that any "other insurance" clause in any
policy exclude individual O~'ners' policies from
consideration; and
(vi) that no policy may be cancelled or
substa.-.t:.a',~¥ mcdi{ied ~ithcut at least ten (10) days
prior ~.,r~tten notice to the Association.
!- zcd~ticr, ts the ssher insurance required by this Secticn, the Beard of
5);rectors c~ the -'.sscciation shall cbtain workmen's compensation insurance, if
and to the extent necessary, to sat'sfy the reqoirements of applicable lows,
and a fidelity ~o,.d or bonds on directors, officers, employees, and other
persons handling or responsible for the Association's funds. The amount of
~:delit'F strata,ce shall be at least the sum of three (2} months assessments
plus reserves cn hand. Bonds shal! contain a waiver of all defenses based
upon the exclusCr of ~e"sons ser'.'~n~ without compensation and may not be
cancelled c? substantially modified without at least ten (]0) days' prior ~ritten
not,ce to tee Association. The Association shall also obtain construction code
endcrsements, steam boiler coverage, and flood insurance, if and to the extent
necessary to satisfy the requirements of FNMA, FHLMC, FHA or VA.
Section 7.02. Insurance Proceeds. Proceeds of insurance shall be
d:sbursed by the ,nsurance carrier to the Association or contractors designated
by the Association as the Board of Directors may direct. The Association 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 Art~cte. re.m.~ning after setisfactory completion of repair and replacement,
shall be retained by the Association as part of a general reserve fund for
rosa'~ =-~C -epiacement of s~b;ect property.
Section 7.CLX. Insufficient Proceeds. If the insurance proceeds are
insufficient to repeir or replace any loss or damage to the Common Area or the
improvements thereon or appurtenant thereto, the Association may levy a
special assessment as provided for in Article IV of this Declaration to cover
the deficiency. If the insurance proceeds are insufficient to repair or replace
any less or damage for which an Owner is bound hereunder, such Owner
shall, as his undivided responsibility, pay any excess costs of repair or
replacement.
Section 7.04. Mortgagee Protection. There may be attached to all
policies of insurance against loss or damage by fire and other hazards, a
mortgagee's or lender's loss payable clause; provided, however, that amounts
payable under such clause to the mortgagee shall be paid to the Association to
hold for the payment of all costs of repair or replacement. The Association
shall be responsible to hold said monies or to collect additional monies if the
proceeds are insufficient to pay for the cost of all repairs or replacements and
-shall ensure that all mechanics', material and similar liens which may result
from said repairs or replacements, are satisfied.
Section 2.05. Destruction of Improvements on Individual Estates. In
the event of destruction (total or partial) to the improvements on any
individual Estates due to fire or any. other cause, each Estate Owner covenants
and agrees to commence all necessary repairs, reconstruction or complete
removel of the damaged improvements within four (4) months of the date that
the damage occurs and to diligently continue such repair, reconstruction or
removal until completed within a reasonable time from the commencement of
such work. Repairs, reconstruction or complete removal of damaged improve-
meats may be commenced more than four (4) months after the date of
ocsure~.ce of dame_qe if the delays in commencements are caused by factors
beyond the reasonable control of the Owner of the damaged improvements.
The ~-sarc s~ D,~estors of the Association shell not be obligated to enforce the
csvener, ts set fsrth in this Section i.05.
26 - SgE,]3-3iS;
ARTICLE VIII
L;SE OF COMMON AREA
The Ccmm:n Area may be occupied and used as follow, s-
Section 8.91. Restricted Actions by Owners. ~qo Owner shall permit
anything to be done on or in the Common Area ~-hich would violate any
applicable pubi,c law or zonin9 ordinance or which ~'ill result in the
cancellation of cr increase of any insurance carried by the Association, or
~-hich ~'ould be in violation of any law. No waste shall be committed in the
Common :,rea.
Se:tion
.~_. ~ar~a~e t3 the Common Area. E=_c~, O,~,er sSall be liable
tc the '
.~sso:~a,~on fcr any damage to the Common Area caused by the
ne_elis;er, ce or ~s'.;i~ul m~sconduct of the O~sner or his family, pets or invitees.
Section 8.1:33. Rules of the Board. All Owners, tenants and occupants
shall abide by any rules and regulations adopted by the Board or the
Architectura~ Re¥iew Committee. The Board shall have the power to enforce
compliance ~s'ith said rules and regulations by all appropriate legal and
equitable remedies, and an Owner determined by judicial action to have
violated said rules and regulations shall be liable to the Association for all
damages and costs, including reasonable attorneys' fees. The By-Laws of the
Association may also provide for disciplinary procedures which may, at the
option of the Board, be implemented to enforce such rules and regulations and
to impose penalties for failure to comply with such ,rules and regulations.
Section 8.134. Suspension of Right to Use Common Area and/or Right to
Vote. The Board of Directors of the Association ma*f suspend the right of any
Owner, its tenants, guests or licensees to use the Common Area and/or may
suspend the tiS;hr of any Owner to vote during any period of time that such
Owner is in default of its oblis;ations pursuant to this Declaration, the By-laws
or the rules and regulations promul~ated by the Board cr the Architectural
Review Committee, including, but not limited to its obligations to pay
assessments or to comply with the architectural control provisions and
prQtective cover, ants contained herein.
Section 8.05. Lake System Common Area. That portion of the Common
Area which ccnstitutes the Lake System may be used by the Owner(s) of Lots
abutting the Lake System for the construction of piers and boat docks, which
shall be desi~;r, ed, constructed and maintained in accordance with Design
Guidelines prom;:sated by the Architectural Review Commiittee. The piers and
docks so :cr. st-zcted sha!l be appurtenant to and run with the Lot on which it
is constructed and shall be .;or the exclusive use and benefit o~ the Lot
Ov.'ner{'s) :n ~shsse Lct said dssk or pier is constructed.
ARTICLE IX
USE OF PROPERTY A.*,D ESTATES - PROTECTIVE COVENANTS
The Fr.-;rt¥~. and each E,tate. situated thereon shall be constructed,
developed, cc:'=:'~_d and :used as follows'
Section 9.01. Residential Purposes. Each Estate (including land and
impro~'ements) shall be used and occupied for single-family residential
purposes, Apartment Complex purposes or Condominium Building only, except
as hereafter provided. No Owner or other occupant shall use or occupy his
Estate. or permit the same or any part thereof to be used or occupied, for
any purpose other than the residential purposes referenced in this
Sectien 9.01, except as hereafter provided. As used here~n the term
"residential purposes" shall be deemed to specifically prohibit all other uses,
without limitation, except for the use of any Estate for the development and
maintenance thereon of Condominium Buildings, Apartment Complexes or
free-standing single-family residences; provided that certain portions of the
Property may be used as publIc or private schoois or churches as determined
by the Declarant or the Association by so providing in a Supplementary
Declar~t:.~n recorde= w~th respect to such speci.~ic area. A Supplementary
Declaration recorded for a residential area may designate such area to be
either a single-fami!v residential area or a multi-family residential area, and
may further designate such residential use for that area to be attached or
detached single-family residences or any combination thereof in the case of a
single-family residential area, or one or more apartment complexes or
condominium buildings or townhouses or any combination thereof in the case of
multi-family residential area. The Supplementary Declaration may designate an
area as a planned unit development combining both single-family and multi-
family residences where permitted by applicable zoning.
Section 9.02. Other Use Limitations.
(a) Certificate of Compliance. No Estate or any other
portion of the Property shall be deemed to be improved or altered
in compliance with this Article IX or Article X hereof until the
Architectural Review Committee shall have issued a Certificate of
Compliance with these covenants and restrictions to the Owner of
such Estate or such other portion of the Property. Such
Certificate shall be issued only after completion (as defined by the
American Institute of Architects) of the subject residential
improvements and shall be issued or denied within five (5)
business days after the Committee has received a written request
for such certification from the Estate Owner. Receipt of such
written request for certification shall be confirmed in writing by
the Committee and certification shall be deemed given if not denied
in writing within said five (5) business day period.
(b) Removal of Dirt. The digging of dirt or the removal
of any dirt from any Estate is prohibited, except as necessary in
conjuncticn with landscaping, drainage or construction of
improvements thereon.
(c) D":!ling and Mininc) Operations. No ell drilling, ~,-ater
drilling or development operations, oil refining, quarrying or
ml~;ng operations of any kind shall be permitted upon or tn any
Estate, r, or shall oil wells, water wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any Estate. No
derrick or or.her structure designed .~or use in boring for oil,
natural gas or water shall be erected, maintained or permitted
upon any Estate.
2S 9~333-3;31.3
(d) Offensive Activities. No noxious or offensive activity
shall be conducted on any Estate nor shall anything be done
thereon wh.ch ~s or may become an annoyance or nuisance to the
other Estate Owners. The Architectural Review Committee, in its
reasonable ¢~scretion, shall determine what constitutes a noxious or
oHensive activity. No animals, livestock or poultry of any kind
shall be raised. 5red or kept on any Estate, except that dogs,
cats or other household pets may be kept, provided that they are
not kept, bred or maintained for commercial purposes and further
provided that they do not become an annoyance or nuisance to
other Estate Owners.
(e) Commercial Use. No manufacturing, trade,
b'-.si~ess, c~mmerce, industry, pro(ession, or ether occupation
whatsoever will be conducted or carried on upon any Estate or any
part, thereof, or in any building or other structure erected
thereon, save and except sales or leasing offices and apartment
leasing and management offices, with the prior written approval of
the Architectural Review Committee and compliance with City of
Coppell Zoning Ordinances.
(f) Clotheslines. No clotheslines may be maintained on
any Estate unless completely screened from public view.
(g) Antennas. No antenna, tower or receiving dish shall
be erected on any Estate for any purpose, nor shall any antenna
or tower' be affixed to the outside of any clwelling on any Estate;
except as may be allowed by the Architectural Review Committee,
in its sole discretion, and provided that such antenna, tower or
receiving dish is completely screened from puDtic view.
(h) Trash Receptacles and Collection. All trash
receptacles shall be screened by fences or shrubbery so as not to
be generally visible by the public, unless otherwise approved by
the Architectural Review Committee in writing. Each and every
Estate Owner shall observe and comply with any and ail regulations
or requirements promul~;ated b,y the City of Coppell, Texas,
and/or the Association, in connection with the storage and removal
of trash and garbage. All Estates shall at all times be kept in a
healthful, sanitary and attractiYe condition. No Estate shall be
used or maintained as a dumping ground for garbage, trash, junk
or other waste matter. All trash, garbage, or waste matter shall
5e kept in adequate containers which shall be constructed of
m~tal, plastic or masonry materials, with ti~;htty-fitting lids, and
~hich shall be maintained in a clean and sanitary condition. No
E_~t~te shall be used for open sterage of any m~terials ~hatsoe~er,
exze~t that new building materials used in tk.e construction of
imo'cvemeats erected on any F. state may be placed upon such
Fstate at the time construction is commenced and may be
m~,r. tained thereon for a reasonable time, so long as the
c~nstruction progresses without unreasonable delay, until
c,".~.pietior, of the improvements, after which these materials shall
e:ther be remosed from the Estate, or stared in a suitable
enclosure on the Estate. ~o garbage, trash, debris, or other
waste matter of any k.nd shall be burned on any Estate.
(il Tem~>orarv Structures and Vehicles. '~o temporary
structure o.~ any k,nc shall be erected or placec upon any Estate.
No trailer, mcDile, modular or prefabricated home. tent, shack.
barn or any other structure or building, other than the residential
structure to be built thereon, shall be placed on any Estate,
either temporarily or permanently and no residence house, garage
or other structure a~purtenant thereto, shall be moved upon any
Estate from another location: except, however, that Declarant
reserves the exc!usive right to erect, place and maintain, and to
permit builcers and Owners to erect, place and maintain such
f~.cilities in ard u~c~ tee Property as in its ssl~ d:screc:ion .'nay
be necessary or convenient during the period of and in connection
with the sale of Estates, construction and se:',in_c of residential
structures and constructing other improvements on the Property.
Such facilities may include, but not necessarily be limited to, a
temporary office building, storage area, signs, portable toilet
facilities and sales office. Declarant, Owners and builders shall
also have the temporary right to use a residence situated on an
Estate as a temporary office or model home during the period of
and in connection with construction and sales or leasing operations
on the Property, but in no event shall a builder or Owner have
such right for a period in excess of one (1) year from the date of
substantial completion (as defined by the American Institute of
Architects) of his last residential structure on the Property.
Except as hereafter provided, any truck, bus, boat, boat trailer,
trailer, mobile home, campmobile, camper, recreational vehicles or
any vehicle other than conventional automobile shall, if brought
within the Property, be stored, placed or parked within the
garage of the appropriate Estate Owner and concealed from view
by other Estate Owners, unless the Architectural Review
Committee, in its sole discretion, directs otherwise. The Owner
may desisnate areas {subiect to approval by the Committee) within
Estates improved with Apartment Complexes or Condominuim
Buildings where boats, bo~t trailers, recreational vehicles,
campmobiles or campers may be parked or placed within the public
v iow.
(j) Signs. No sign or signs shall be displayed to the
public view on any Estate except that:
[i] Declarant may erect and maintain a sign or
signs deemed reasonable and necessary for the
construction, development, operation, p~omotion,
leasing ar.d s. aie of the Estates;
{ii) Any builder, during the applicable initial
construction and sales period, may utilize one
pro,~essional sign [of nbt more than five (5) square
feet in size] per Estate for advertising and sages
promotion;
(iii~ tbe-eafter, a dignified "for sale" sign [of
not more than five (5) square feet in size], acce;ta~le
to the Arch~te:tural Review Committee, may be util~zed
by the Estate Owner of the respective Estate for the
(iv) ct~er signs identifying Apartment
Complexes er Condominium Buildings shall be permitted
if approved as to size, composition, des gn,
illumination and location by the Architectural Review
Committee. Signs conforming to Design Guide;ines
prc.-.uigated by the Committee shall be approved; and
tv). \:t~itEstanding anyth.r_c ho-=;_.,.n cor*-,c -~,-'
to the contrary, any and all signs, if allowed, s~all
cem~ly w~th al~ si~n standards of the City of Co;sell,
Texas, as such standards may be applicable t~ the
Property.
(k) S~'imminc Pools. No above ground swimm;ng pools
shall be permitted except upon the prior written approval of the
Architectural Review Committee.
(I) External Sculpture and Like Accessories. Ail exterior
sculpture, fountains, flags and like accessories on the Estates are
subject to approval of the Architectural Review Committee.
(m) Removal of Water. No water sh~ll be drawn from the
Lake System by any person, firm or corporation for any purpose.
(nj Boats. No gasoline powered boats are allowed on the
Lake System, but electrically powered boats up to three {3)
horsepower are permitted. No boats or other water borne vehicles
are allowed on the Lake System except those owned or o:e-ated by
Association Members or their invitees.
(o) Swimming.
allowed.
No swi.mming in the Lake System is
Section 9.03. Landscaping, Walls and Fences.
(a) Landscaping; Plan. A landscaping plan ap;rc~-ed by
the Architectural Review Committee will be required with respect to
the ?..mprcvements sn any Estate. The details of the p'.:_~ wilt be
dependent upon the density of the residential project, ~,:.". higher
de~.s't;, -~u!t:-%-.-r., I,, projects requiring a mcre de:[ :~,_ and
e×te-s:,.,e p~ar. and lower density single-family project-.- -_=:.uiring
~--.~v. . a ~fan f-r. th--_,:ughfare street edge treatment, er'r~ areas
and ~r~nt yarcs.
lb) ',;e;nte~.a'.ce of Landscapin~ and Sprinkler
Eac.~ Condomin,um ~ui:din9 and Apartment Complex shall .~ave and
conte;n an underground water sprinkler system for the p-rpose of
prc'.'d!ng su.~Zicient water to all landscaped areas. ;~eather
~ermitting, areas appurtenant to building shall be fully landscaped
~ith~n nmnety (90) days from the date the building is occupied.
The Owners of Estates shall be responsible for the landscaping and
maintenance of their Estates and the landscaped areas located
bet~,een their Es:ares and adiacent streets unless maintenance
res;~onsibility and an easement for such is conveyed to the Master
Association or other association and accepted by it.
(c) Fences.
(i) ,~o fence, wall or hedge shall be erected,
placed or altered om any Estate ~ithout the approval of
the Architectural Review' Committee. All clotheslines,
~o~d piles, tool s'~ecs, air-cond[ticnir.~; ecu;~ment,
sanitation facilities or other service facilities must be
enclosed with fences, walls or landscaping, as may be
required by the Architectural Review Committee, so as
not to be generally visible by the public unless
otherwise approved by the Committee in writing.
(ii) The Architectural Review Committee shall
promulgate specific Design Guidelines governing the
composition and location of screening walls, fences and
hedges to be located upon Estates within the Property.
Screening walls shall be incorporated, into and be
harmonious with the overall landscaping plan developed
for the Properties.
(iii) No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations-between 2 and
6 feet above the roadways shall be placed or permitted
to remain in any corner Estate within the triangu, lar
area formed by the street property lines and a line
connecting them at points 25 feet from the intersection
of the street lines, or in the case of a rounded
property corner from the intersection of the street
lines extended. The same sight line limitations shall
apply on any Estate' within 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 foilage line is maintained at a
sufficient height to prevent obstruction of such sight
lines.
(iv) No chain 'link, wire or other open fencing
will be allowed unless expressly approved in writing
by *,he Architectural Review Committee.
Section 9.04. Streets, Sidewalks and Exterior Lighting.
(a) Composition of Streets. All streets and alleys shall be
concrete paving or other matermals approved by the Architectural
Review Committee in writing.
22 - 92-'2C-015!.3
(b) Alic.~ment and Size of Streets. Alignment and size of
streets and aiieys should conform to the standards and objectives
expressecJ in Design Guidei,nes, must be approved by the
Arch,tectural Review Committee and comply with all relevant
regulations ar.c! erd,nances of the City a,~ Coppell. Texas.
(c) Side~'alks. Each l:ublic street shall have a sidewalk on
each s~de, the smze and location and materials of which should
conform to the Design Guidelines, must be approved by the
Architectural Review Committee and comply with the City of
Coppell, Texas standards.
(d) Exterior Lighting. A street lighting plan showing
street li_c~t Ic~-t:~r , _. ' ' ,
c s s~ac~nc standar~ t','pes a-d ,i§ht type and
s:zes must be subm,tted for approval by the Architectural Review
Committee. :~e exterior light shall be installed or maintained
w~thin the Property, which light is found to be objectionable by
the Architectural Review Committee. Upon bein~ given notice by
the Committee that any exterior light is objectionable, the Owner
af the Estate on which same is located will immediately remove said
light or shield the same in such a way that it is no longer
objectionable.
Section 9.05. Construction Standards. All residential structures shall
meet the following requirements (except as may be modified by the
Architectural Review Committee)'
(a) Foundations. The foundation system shall be designed
by a registered professional engineer based on recommendations
~iven in a soils report prepared by a soils e~jineering firm. The
soils investigation and analysis, and the design of the foundation
system, shall be made by registered professional engineers and
submitted to Architectural Review Committee for approval.
(b) Roc.~s. Roofs shall conform to the Design Guidelines.
The use of various roofing materials within the Property shall be
permitted; however, no roofing material shall be used without first
obtaining the Architectural Review Committee's approval of same.
The Architectural Review Committee will only approve roofing
materials which are of high grade and quality and which are
c~nsistent with the exterior design, color and appearance of other
improvements within the Property.
[c) Exterior n~uildin¢ Materials. Exterior building
materials and colors should conform to the Design Guide!laos and
must be a;~--rcved by the Architectural Rev~e;~ Cc. mmittee. In
~c:,t,on the exterior of ~mprovemerts shall c~nferm to the
~c~lo~¥ing:
(i) Residential improvements sha~l not be
adorned ~ith stylistic ornamentation or deta!ls that are
out of character with the community image.
(ii) Exterior wall surface materials shall be
limited to two approved materials, excluding trim,
unless otherw,se approved sn writing by the
Architectural Review Committee.
(iii) Brick exterior walls must be of hard fired
face brick.
(iv) Stucco exterior ~'alls shall be the
traditional three (3) coat process unless another
process is specifically approved by the Architectural
Rev~e~ Committee.
(~') Wood shingle sic~ing
Perfection Red Cedar shingles.
shall be '<c. 1
(vi) Wood shake siding shall be No. 1 Handsplit
Red Cedar shakes.
(vii) Balconies shall be designed to have no
more than fifty percent (5000) open railing; unless
otherwise approved in writing by the Architectural
Review Committee.
(viii) Chimneys shall be clad in materials
compatible with the residential improvements of which
the chimneys are a part.
(d) Mailboxes. A plan ~howin9 the location and design of
all mailboxes and clustered mailbox systems rrrast be approved by
the Architectural Review Committee. Housing for mailboxes shall
be architecturally integrated .with the individual residential project
and shall be of similar construction, materials, design and form to
said residential project.
(e) Screening of Service Equipment. A plan showing the
location and screening of all .exterior utility meters, transformers
and other exterior mechanical equipment must be approved by the
Architectural Review Committee. No roof mounted mechanica)
equipment shall be permitted unless properly screened and
approved by the Architectural Review Committee.
(f) Utilities.
(i) Improvements situated on an Estate shall
be connected to the water and se~er lines as soon as
practicable after same are avai]able at the Estate line.
go privy, cesspool or septic tank shall be placed or
maintained upon or in any Estate. The installation and
use of any propane, butane, LP Gas or other gas
tank, bottle or cylinder' of any type, shall require the
prior written approval of the Architectural Review
Committee.
- 34 ~500-C, t51.3
(ii) All telephone, electric, cable or ether
service lines shall be installed unders;round and shall
meet all requirements of the City of Coppell, Texas.
(mii) A general utility plan for the construction
and installation of all utility and other services,
including, but not limited to, water, sanitary sewer,
Storm sewer, electric, telephone, cable and gas
services must be submitted to the Architectural Review
Committee for approval prior to installation.
(g) Lake Set Back. No structure of any kind shall be
placed or permltted to remain within twenty (2C) feet of the bank
=.~ a I~ke ~,:t~in the Lake System.
(h) Paint. All painted imprevements and other painted
structures on each Estate shall be repainted by the O~ner thereof
at his sole c-~st and expense as often as is reasonably necessary to
insure the attractiveness and aesthetic quality of such Estate or
improvement. The approval of the Architectural Review Committee
otherwise required for improvements under Article X, shall not be
required for such repainting so long as neither the color scheme
nor the arrangement of the colors of any improvements, nor the
color of any paint thereon is altered.
(i) Construction Period. Once commenced, construction
shall be diligently pursued to the end that it .may not be left in a
partially completed condition any longer than reasonably necessary.
Section 9.06.
Systems.
Community Antenna Television (CATV)
and Security
(a) CATV System. The Declarant and/or the Association
shall have the option, but not the obligation, to incorporate into
any and all dwelling units a basic CATV System described and
installed according to guidelines established by the Declarant and
enforced by the Architectural Review Committee.
(b) Fire and Burglar Alarms. There shall be incorporated
into any and all dwelling units a security and/or fire protection
system designed and installed according to guidelines established
by the Declarant and enforced by the Architectural Review
Committee. This system shall be capable of adding an alarm
c:m.municaticns interface capable of transmitting fire and burglar
alarm signals. In conjunction with this alarm system, all exterior
~se.-.in_cs s~a~l be prewired.
.-'LL O¥.XE:,S. TENANTS, GUESTS A.~D I',\'ITEES OF ANY
ESTATE OR ESTATE OW.%.'ER, AS APPLICABLE, ACKXO¥~'LEDGE
THAT THE DECLARANT, THE ASSOCIATION A'~D ITS BOARD OF
DIRECTORS, A'qC) THE ARCHITECTURAL REVIEW COMMITTEE DO
%OT REF~,ESE~T OR WARRAI~T THAT ANY FIRE PRCTECTION
SYSTEM OR BURGLAR ALARM SYSTE~,{ DESIG%ED OR I~STALLED
-'CCORD:~,G TO GUIDELINES ESTA. BLISHED ETM T~E DECLAR,A.~T
OR THE ARCP;TECTLRAL REVIEW COM',ilTTEE M:,Y NOT BE
COMPROMISED OR CIRCUMVENTED, THAT THE FIRE PROTECTION
AND BURGLAR ALARM S~'STEMS WILL PREVENT LOSS BY FIRE,
S\IOKE. BURGLARY, THEFT, HOLD-UP, OR OTHERWISE AND
THAT THE AFORESAID FIRE PROTECTION AND BURGLAR ALARM
SYSTEMS WILL I% ALL CASES PROVIDE THE DETECTION OR
PROTECTION .:OR WHICH THE SYSTEM IS INSTALLED OR
INTENDED. EACH OWNER, TENANT, GUEST OR INVITEE OF AN
ESTATE OR AN ESTATE OWNER, AS APPLICABLE,
ACKNOWLEDGES AND UNDERSTANDS THAT THE DECLARANT,
THE ASSOCI:,TION, BOARD OF DIRECTORS AND ARCHI-
TECTURAL REX, IEW COMMITTEE ARE NOT AN INSURER AND
T~;AT EACH O',;NER, TENA~,T, GUEST AND INVITEE ASSUMES
~" ~ R:SKS F]:, ' OSS OR ....
-- - -, .... ~E TO PEP, SONS, E~T:,TES OR
TO THE CON-ENTS OF ESTATES AND FLRTHER ACKNOWLEDGE
THAT DECLA:,ANT, THE ASSOCIATION, BOARD OF DIRECTORS
AND ARCHITECTLRAL REVIEW COM',IITTEE HAVE MADE NO
REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER,
TE×ANT, GL'EST OR INVITEE RELIED UPON ANY
RE?RESENTATIONS OR WARRANTIES, EXPRESSED OR I.MPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE RELATIVE TO THE FIRE AND
BURGLAR ALARM SYSTEMS DESCRIBED IN THIS
SECTION 9.06(5).
(c) Metering. There shall be designated by the Owner or
his representative, in conjunction with the technical representative
of the Declarant, a specific single location within the dwelling unit
as the point of concentration for outputs from utility meter devices
servin~ the unit. The Owner shall have 'the responsibility to
insure that wiring; is extended from the location at which utility
meters are set to this designated location.
Section 9.07. Failure to Maintain Estate. If, at any time, an Owner of
any Estate shall fail to control weeds, grass and/or other unsightly growth,
the Association shall have the authority and right to go onto said Estate for
the purpose of mowing; and cleanin,~ said Estate and shall have the authority
and right to assess and collect from the Owner of said Estate the expenses of
mowing or cleaning said Estate on each respective occasion of such mowing or
cleaning. If, at any time, weeds or other unsightly growth on the Estate
exceed six inches (G") in hei~;ht (nine inches (9") with respect to an
undeveloped Tract), the Association shall have the right and authority to mow
and clean the Estate, as aforesaid. The Assessments, together with such
interest thereof, and c~sts of collection thereof, shall be a charge on the land
and shall be a continuing lien upon each Estate against which each such
Assessment ;s m~Ce. -'ach such Assessment, together w. ith such interest
there:n and cost of c~liection thereof, shall also be the c~ntinuin~; persona!
cS'iga~i~n of the pers.;n who ~as the O',~'ner of such Estate at the time ~hen
the Assessment occurred. Each and every Owner of any Estate, by the
acceptance ~f a ceed or other conveyance of such Estate shall thereby
c~venant and agree to pay such A'ssessments. The lien securing any such
Assessment shall be subordinate and ~nferior to the lien of any mortgage and
any renewals or ex:ensians thereof existing prior to the Assessment date.
36 -
Section 9.08. Additional Construction Standards for Certain Apartment
Complexes and Condominium Buildings. Notwithstanding anything to the
contrary contained in this Article IX the following restrictions and standards
shall apply to Apartment Complex and Condominium Building pre;acts of a
densit~ of not less than twelve (13_) units per acre as defined in the
applicable zoning ordinances of the City of Coppell, Texas:
(a) M:nimum Landscaping. A minimum of th'rty
percent (30°0) of each such project shall be landscaped open space.
Open space includes all portions of the Estate except areas covered
b~' buildings, parking areas, drives and other vehicle access
a~eas .
lb) Fa'-k:~c:
m
(i) subject to the provisions of subsections
(ii) through (iv) immediately below, parking spaces
shall be provided in a manner which satisfies the
parking requirements of the City of Coppell, Texas,
~s. hich parking requirements (as affected by any
variances thereto) are in effect at the time of
application for Architectural Review Committee approval
of plans and specifications;
(ii) all of the foregoing parking requirements
must be satisfied with off-street parking spaces;
(iii) no parking shall be allowed within front or
side yard set back lines unless approved by the
Architectural Review Committee;
(iv) each parking row shall be terminated by a
landscaped island on either side, each island with a
minimum of one (1) tree, except as otherwise approved
by the Architectural Review' Committee.
(c) Roofs on Parking Structures. The form, pitch,
composition and design of all ~>ofs and supporting structure on
covered parking structures shall be compatible with that of the
project to which such structures relate.
(d) Trash and Receptacles. Trash dumpsters shall be
located in areas ~'hich are not highly visible and screened on at
least three (3) sides by walls constructed of materials compatible
x~:th the appurtenant residential structures.
(ej k]acArthur E3ulevard Setback. Any building or c.;her
s;ructure front~n9 on MacArthur Boulevard shall have a front
s=_tza, sk of at least thirty-five feet (35'). The area between such
frc. r,t setback I~ne and the MacArthur Boulevard right of wa~ shall
be landscaped in accordance with the Design Guidelines.
- 37 9.':' ~-0151.3
ARTICLE X
ARCHITECTURAL REVIEW COMMITTEE
Section 10.01. Architectural Review Committee. The Architectural
Review Committee, herein sometimes called the "Committee", shall be composed
of three (3) individuals designated, selected or appointed in accordance with
the procedure set forth below. The Committee shall function as the
representative of the Owners of the Estates for the purposes herein set forth
as well as for all other purposes consistent with the creation and preservation
of a first-class residential development.
All three (3) members of the Architectural Review Committee shall be
~ppointed by Declarent u",til such time as all of the rroperty is owned by
Owners other than Declarant or any successor Declarar. t at which time all
three (3) memSers shall each be appointed by a majority in interest, but not
in numbers, of the then Owners of the Property. All members of the
Committee shall be appointed for one year terms and persons (or their heirs or
assigns) initially entitled to elect a member whose term has expired or
otherwise ended (by death, removal or resignation) shall be entitled to appoint
a member to succeed the member whose term has expired or otherwise ended
(by death, removal or resignation).
Each member of the Committee shall act reasonably and in good faith in
performing such member's duties and obligations under this Article X.
Section 10.02. Basis of Approval. No subdivision plat or map shall be
recorded against any portion of the Property and no building, structure,
road, alley, drive, utilities, parking structure, parking lot, fence, wall,
improvement, alterations to improvements or additieas to improvements of any
kind or nature shall be erected, placed or altered on any Estate or tract on
- the Property until, as applicable, all subdivision plats, all plans and
specifications and a plot plan have been submitted to and approved in writing
by the Committee, or a majority of its members, as to:
(a) quality of workmanship and materials and proper facing
of main elevation with respect to nearby streets;
(b) conformity and harmony of the external design, color,
type and appearance of exterior surfaces and landscaping;
(c) location with respect to topography and finished grade
elevation and effect of location and use on neighboring Estates and
improvements situated thereon; drainage arrangements; and
(d) the other standards set forth within this Declaration
(and any amendments or supplements hereto) to accomplish the
purposes and goals evidenced by this Declaration, including, but
not limited to, the purposes and goals of the Desi~;n Guidelines of
the Committee.
The Cc~mmittee is authorized ~nd empowered to consider and review any
and all aspec:s of construction, construction of other improvements and
location, quality and quantity of landscaping on the Estates, which may, in the
38 - 99500-0151.3
reasonable opinion c,~ the Committee, adversely affect the living enjoyment of
one or m~re Estate Owners or the general value of the Property. Also, the
Committee is permitted to consider technological advances in design ant
materials and such comparable or alternative techniques, methods or materia!s
ma~ or m~ not be permit:ed, in accordance ~.~th the reasonable opinion of the
Committee. The Cemmittee shall have the authority to make final decisions in
interpretir.~ the _ceneral intent, effect and =urpose of the restrictions and
covenants described in Article IX hereof.
Any improvements constructed in accordance with plans and
specifications ap.~roved by the Committee in accordance with its then applicable
stancards and requirements shall not be required to be chang;ed because such
standards are thereafter amended. The Committee shall review and act upon
s~bm.i'.:e5 .~l~ns e~C specifications in accorcance ~'ith the applicable time
periods s~ecified in Sections 10.04 and 10.06.
Section 10.03. Definition of "improvement(s)". The term
"improvement(s)" shall mean and include all buildings and roofed structures,
parking areas, fences, walls, poles, driveways, ponds, swimming pools, signs.
changes in any exterior color or shape, glazing or reglazing of exterior
windows with mirrored or reflective glass, streets, drainage facilities, utilities,
roads, alley paths, and any new construction or exterior improvement
significantly altering the appearance of any of the foregoing. It is also
includes public streets, utilities, garden shrubs, tree replacements and other
landscaping, and subdivision plats or maps to be recorded against the
Property or any portion thereof. The term includes both original
improvements and all later changes and improvemen, ts.
Section 10.04. Preliminary Plan Submissions. The Architectural Review
Committee is authorized and empowered to and S'fTall consider, review and
comment on proposed subdivision plats or maps, preliminary plans (for Estate,
utility, street, road and alleyway development as'well for construction of
residences, Apartment Complexes and Condominum Buildings) submitted in
duplicate on an informal basis to assist Owners, developers and prospective
purchasers of all or portions of the Proper~y in complying with applicable
covenants and restrictions and to assist in the completion of feasibility studies
undertaken by such persons or entities. If the preliminary plats, plans and
specifications are approved by the Co~,mittee, one set thereof will be retained
by the Cc..mmittee, and one complete set of plats or plans as applicable, will be
marked "Approved" and returned to the Estate Owner or his designated
representative. If found not to be in ccrnpliance with the covenants,
condit~cns and restrictions contained in this Declaration, one set of such
preliminary plats, plans and specifications as applicable, shall be marked
"Disa~r-rc:~d", and returned accompanied by a reasonable statement of items
found not to comply with the covenants, conditions and restrictions contained
he-el-.. T'-e ~c-.m.,::ee's approval or disapprc'.~, as required ~erein, s.hall ~e
ir, wri:i-D, if the C:~mittee fails tc apprc~e or disapprcve such plats or
p!ans ~-d --=ec?ficat!:r.s within sixty (60) days after the date of submission,
apprc~ a' :~ the matters submitted shall be presumed. Comments on _=nd
approvals cf preliminary plats or plans and specifications as applicable, shall
be bind!n.c upon the Architectural Review Committee provided that conforming
final p:~-s a~d spe:ifications or plats, as a=plicable, are submitted within
ninety [.c~: days of such preliminary comments or approvals.
Section 10.05. Plan Submissions. Final plats and plans and spec,fi-
cations, as applicable, shall be submitted in triplicate to the Corem,tree prior to
the construct,on of any improvements. Such plats and plans and specifications.
as applicable, shall include, to the extent applicable to the proposed
.m~rovements as determined by the Architectural Review Committee, the
following:
(a) A topographical plat showing contour grades [with one
foot (1') countour intervals, unless otherwise specified by the
Committee] and showing the location of all proposed improvements,
structures, roads, alleyways, easements, utilities, patios,
(Jr~ve~ ays. parking areas and struc:ures, fences and balls.
Existing and finished grades shall be shown at Property or Estate
carriers, as applicable, and ~t corners e.~ pro.~osed improvements.
Property drainage provisions shall be included as well as cut and
fill det~iis if any appreciable change in the Estate contour is
contemplated.
(b) Exterior elevations
structu res.
of all proposed buildings and
(c) A description of exterior materials, colors, textures
and shapes of all buildings and structures.
(d) A landscaping plan, including walkways, fences and
walls, elevation changes, watering systems, vegetation, ground
cover, street furniture and sculpture.
Roads, alleyways, parking areas and driveway plans.
Screening including size, location and method.
(9) Utility connections, including routing of electrical,
gas, water, sanitary sewer and telephone cables.
(h) Exterior illumination, if any, including location,
manufacturer's fixture number and support photometric test data.
(i) Any public street or utilities to be built with the
completed engineering design for said improvements.
(j) Foundation borings and design bearing the certificate
of a registered geotechnical engineer.
(k) Trash container storage locations and reiated
sc~ee~.ir:g.
(1) Proposed use of parcel of land.
(m) Dimensional floor plan of all enclosed spaces including
one example of each residenlial unit type, each recreation or
service building, and any garages or parking facilities.
Fire protection system.
- 40 Z.'.Z]S-O1SI 3
(o) L,':-tG ,en and name of all proposed streets, alleys.
~alk~'ays and easements.
(p) St'uctural design,
reg~sterec str~-_t~rai en_Qineer.
bearing the certificate of a
(q) S;:h other matters as may be requi-ed by the then
applicable zor,~ng code of the City of Coppell, Texas, or such
other municipai or governmental authority having jurisdiction over
the Property.
(r) Signs. ,ncluding size, shape, color, co,tent, location,
materials and ;.lumination.
(s) A~,~, other data or information requested or deemed
reasenabl~.' nec':ssary by the Architectural Review. C:-.mittee.
The Committee ma;, defer the date for submission cf any of the matters
described in Section 10.05 (a)-(s), including specificaHs.-, landscaping plans
referenced at Section 10.05(d) by notice in ~s'riting to the person or entity
requesting such deferral of the submission date.
Section 10.06. Approval Procedure. The Committee is authorized to
request the submission of samples of proposed exterior construction materials
and colors. At such time as the plats or plans and specifications, as
applicable, are approved by the Committee, one set of plats or plans and
soecifications, as applicable, will be retained by the Committee and one
complete set of plats or plans and specifications, as applicable, will be marked
"Approved" and returned to the Owner or his designated representative. If
found not to be in compliance with the covenants,--conditions and restrictions
contained in this Declaration, one set of such plat or plans and specifications,
as applicable, shall be marked "Disapproved", accompanied by a reasonable
statement of items found not to comply with the covenants, conditions and
restrictions contained herein. The Committee's approve! or disapproval, as
required herein, shall be in writing. If the Committee fails to approve or
disapprove such plat or plans and specifications, as applicable, within
sixty (60) days after the date of submission, approval of the matters submitted
shall be presumed. Any material modifications or changes to the approved plat
or plans and speciCcations, as applicable, must again 5e submitted to the
Committee for its inspection and approval. Material modifications or changes in
plats or plans and specifications, as applicable, must be approved or
disapproved in writing.
':'he Committee is authorized and empo~sered to cons:der and review any
and all aspects of construction, construction of other improvements and
~s:~t,c-:. c'_'~:it:, a-.c z_artit¥, of ~andsceping cn tNe Estates. ~h,ch may, in the
r~as:n~e :pin:on c~ :~e Ccmrr..ittee, adverse!y affect tke '.:~ng enjoyment of
?ne cr ..m~re E;taze C'.-.'r.e,s or the general value of the :to, party. Also, the
Comm~zzee ,s ;ermi:zed to cons,der technological ad~anses ,n design ~nd
mater;als and sJcn :s.-..parable or alternative techniques, methods or materials
may or ,.-.a~ not be ~-er-.~zted, in accordance with the reascr, able op,nion of the
- 4; ~500-0i51.3
nonfeasance and he,ebv waives the provisions of any la~ which provides that
~ceneral release does not extend to claims, demands and causes of act,on not
known at the time the release is given.
Section 10.11. Certificate of Compliance. Within five (5) business days
after an Owner's wr:tten request for same and upon substantial completion (as
such term ,s de.~ined by the American Institute of Architects) of improvements,
the plats or plans and specifications for which are subject to review by the
Committee. the Committee shall inspect such improvements and if the
improvements are constructed, erected, placed or altered in accordance with
approved ~lats or plans and specifications the Committee shall issue a
certificate e~icJencinD compliance with the provisions hereof. If the project
subiect to review ~s a phased project, the Committee shall inspect each phase
~s pl-.-_-ses ~-e s~bstant:all¥ corrpl~.ted (as suc~ term is defined by the .A-erican
Institute af Architects) and if such phase, including, but not limited to,
parking facilities, landscaping and signa.ge related to such phase, is found to
be in substartial conformity with previously approved plats or plans,
specifications and other submissions, a certificate evidencing such con-,~liance
will be issued by the Committee.
Section 10.12. Notice of Noncompliance or Noncompletion.
Notwithstanding anything to the contrary contained herein, after the expiration
of two (2) years from the date of substantial completion of construction of any
improvement within the Property, said improvements shall, in favor of
purchasers and encumbrancers in ~;ood faith and for value, be deemed to be in
compliance with all provisions of Articles IX and X, unless actual notice of
.such noncompliance and noncompletion, executed, by the Committee or its
designated representatives, shall appear of record in the office of the County
Clerk of Dallas County, Texas or unless legal proceedings shall be instituted
to enforce compliance or completion. The term "substantial completion" shall be
defined in the manner adopted by the American Institute of Architects from
time to time. Subsequent improvements, alterations or repairs to an Estate
shall not entitle the Committee to review for compliance any improvements
substantia!l¥ completed more than two (2) years prior to such more recent
~mprovements, alterations or repairs which are subject to review.
Section 10.13. Appointment and Designation. The Committee may from
time to time, by the vote or written' consent of a majority of its me~bers,
delegate any of its rights or responsibilities hereunder to one or more duly
licensed architects or other qualified persons or subcommittees which shall
have full authority to act on behalf of said Committee in all matters delegated.
Section 10.14. Review Fee and Address. Any plans and specifications
shall be s~bmitted in duplicate, in writing, for approval together ~ith a
reasonable processing fee as set by the Committee. The review fee shall cover
;r!~ t~e ::st cf employing r, on-~f.~iliated c_~r. sultants to revie~ plats or plans
and s~e~_: :_~ti:ms ss ;~e!i as incidental expenses assoc;ated ~ith the review
;ro:ess. -Ee address of the Committee shall be the principal p;~ce o{
business o~ t~e ~eclarant from time to time designated in writing to the
O~ners. Such adcress shall be the place of the submittal of any p:ats or
plans and s~eci,:ications and the place where the current Desi~;n Guidelines and
rules and -e~u'~tians, if any, of the Committee shall be kept.
Section 10.15. Inspection. After telephonic netice to the Owner. any
member or agent of the Committee may from time to time at any reasonable
hour or hours enter and inspect any property subject to the jurisdiction of
sa,d Committee to confirm improvement or maintenance ,n compliance with the
pre~isions hereof.
Section 10.1G. Governmental Authorities. All Owners of any Estate or
pe~tlon of the Property and their successors and assigns by their acceptance
of their respective deeds, shall be bound by and subject to ali applicable laws,
rules or regulations. No improvements or addition or change or alteration
thereof shall be constructed, erected, placed, altered or maintained on any of
the Property, including the Ccmmon Area, ~s. hich is in violation of any of the
~a~-s or ordinances cf the City of Ccppell, Texas or any other applicable
_cese-nmental laws, r~les or ~e_mu!ations. Not~ithstandin_c anything to the
cor, tr~ry here~n contained, neither the Declarant, nor the Commitee and their
respective officers, directors, ~ents and employees shall have any obligatio~
to enforce or to report the violation o~ any such law, erdinance, rule or
regulation.
Section 10.17. No Liability for Design Defects. P~ats or plans and
specifications are not approved for engineering or structural design or quality
of materials, and by approving such plans and specifications neither the
Committee, the members thereof, or the Declarant assumes liability or
responsibility therefor, nor for any defect in any structure or improvement
constructed from such plans and Specifications.
ARTICLE Xl
RIGHTS OF ELIGIBLE LENDERS AND
ELIGIBLE INSURERS OR GUARAJ~TORS
Section 11.01. Notices to Eligible Lenders. All Eligible Lenders holding
first mortgages on an Estate, or portion thereof, shall be given notice of the
following events if they deliver to the Association a written request that they
receive such notices, together with a complete and accurate description of the
Estate securing their mortgage and an accurate address for such Eligible
Lender:
(a) Any condemnation loss or any casualty loss which
affects a mater{al portion of the Property or any Estate on which
there is a first mortgage held, insured or guaranteed by such
Eligible Lender;
(b) Any delinquency in the payment of assessments or
c~arges owed and any other default in the per.~ormance of an
o~llgation set .~orth in this Declaration by an O~ner of an Estate
subject to a first mortgsge held, insured or guaranteed by such
Eligible Lender, which remains uncured for a period o~ G0 days;
(c) Any lapse, cancel!-ation or material modification of any
insurance policy or fide{ity bond maintained by the Association;
- 44 99S0e-0151.3
(d) Any proposed action which ~ould require the consent
of a specified percentage of Eligible Lenders' and
(el Any proposal to make a change in this Declaration.
Section 11.02. Other Provisions for Eligible Lenders.
(al Notwithstandin9 anything to the contrary contained
herein, the consent of the Members of the Association to which at
least sixty-seven percent (67~o) of the vote of each class of
,Members in the Association are allocated and the approval of
Elic~b-le Lenders holding mortgages on Estates subject to the
Declaration s~hich have at least fifty-one percent (51°o) of the votes
cz s.:ch :_states subject to Eligible Lenae- mort~cages sha~l be
rec. u~red to Co any of the following:
(i) establish self-management of the
Association when professional management had been
required previously by an Eligible Lender;
(ii) restore or repair (after a hazard damage
or partial condemnation) in a manner other than that
as specified in the Declaration; and
(iii) take any action to terminate the legal
status of the Association after a substantial destruction
or condemnation occurs.
(b) If substantial destruction or condemnation has not
occurred, the legal status of the Assoc~tion shall not be
terminated unless Eligible Lenders holding mortgages on Estates
subject to the Declaration which have at least sixty-seven
percent (67°0) of the votes of such Estates subject to Eligible
Lender mortgages consent.
Section 11.03. FHLMC Provision.
(al Notwithstanding ar~y other provision of this
Declaration, unless at least two-thirds of the Eligible Lenders
(based upon one vote for each mortgage he]d) and Owners (other
than the Declarant) of Estates subject to the Declaration have
given their prior written approval, the Association shall not be
entitled to (i) by act or omission seek to abandon, partition,
subd;vide, e.qcumber, sell or transfer the Common Area (the
granting of easements for public utilities or for other public
;-ur:sses ss-rs-stent ~ith this Declaration and the intended use of
the Ccmm;", ~rea shall not be deemed a transfer ss'ithin the
mear.~m9 cZ t.~is clause); (ii) change the met.~od of determining the
obligations, assessments, dues or other charges which may be
levied against an Owner of an Estate subject to the Declaration;
(iii) b~, act or omission, waive or abandon the scheme in the
Decla-aticr, ;ertaining to the architectural design or the exterior
appearance of Estates subject to the Declaration, the exterior
ma,ntenarce of such Estates or the maintenance of the Common
Area; (ix) fail tc maintain fire and extended co~eras;e on insurable
improvements located on the Common Area on a torrent replacement
cost basis; {v) use hazard insurance proceeds for losses to the
Common -~rea for other than the repair; replacement or
reconstruction of such Common Area.
(b) The first mortgagees may, jointly et singly, pay taxes
or other charges which are in default ~'hich may or have become a
charge a~ainst the Common Area and may pay overdue permiums on
hazard insurance coverage upon the lapse of a policy for the
Common Area and first mortgagees making such payments shall be
owed immediate reimbursement for such payment from the
Association.
ARTICLE Xll
EASEMENTS
Section 12.01. Easements. Easements, licenses, franchises or other
similar permits for installation, maintenance, repair ard removal of utilities,
public rights-of-way, drainage facilities and floodway easements and video
services, cable television services, security services, communication services,
fire protection services and other similar services, over, under and across the
Property are reserved by Declarant for itself, its suc:essors and assigns, as
specifically set forth on recorded plats of the Property. portions thereof or as
set forth in other documents of record in the Deed Records of Dallas County,
Texas. In addition, the Declarant hereby reserves to itself, its successors
and assigns, easements for installation, maintenance and repair and removal of
utilities and drainage facilities, security services,--cabie television and other
communication services and other similar services, such easements to be located
' between the right-of-way lines of public or private rights-of-way within the
Property and building set back lines from such rights-of-way, such easements
in no event to exceed fifteen feet (15') in width as measured from such
right-of-way line. In any event such fifteen foot (15') easements shall be
contiguous to such rights-of-way. Full right of ingress and egress shall be
had by Declarant at all times ovej' the Property to the extent reasonably
necessary for the installation, operation, maintenance, repair or removal of any
utility or drainage facility or other services as aforesaid, contained within any
of the aforesaid easements. Full right of ingress and egress shall also be had
by Declarant at all times over the Property as may be reasonably required to
remove any obstruction that may be placed in suck easements without the
approval of the Declarant or the owner of the relevant easement, where such
unauthorized obstruction would constitute interference ~ith the use of such
easement or with the use, maintenance, operation or installation of such utility
or other services. In no event shall the foregoing ~-_-k;bit pavins;, fencing,
wa!~s or landsc~pir, g within such easements. Declarant si. all have the right to
assign and convey, in whole or in part, the ease-=_nts reserx'ed by it
hereunder to one or more public utility companies, quasi-public service
companies or relevant governmental authorities. Ail ,'ti',,ties installed within
the aforesaid easements shall be installed underground. Full rights of in~ress
and egress shall be had by Declarant and its success.~rs and assigns at all
t~mes over the Property for the installation, operation, maintenance, repair or
removal of any uti[ity or service to~ether with tee tis;hr to remove any
46 .c$SJO-Ol 5i .3
obstruct~en that may be piaced in the aforesaid easements that would constitute
inte~erence with the use of the aforesaid easements, or with the use,
maintenance, operation or ~nstallation of such utility or service.
Section 12.02. Ingress and Egress by the Association. Full rights of
ingress and egress shall be had by the Associatian at all times over and upon
each Estate for the maintenance and repair of each Estate in accordance with
the provisions hereof, and for the carrying out by the Association of its
functions, duties and obligations hereunder; provided, that any such entry by
the Association upon any Estate shall be made only after reasonable notice to
the relevant Estate Owner (except that no notice shall be required in the
event of an emergency) and any entry shall be made with as little
inconvenience to the Owner as practical, and any damacse caused thereby shall
be repaired by the Associat:on at the expense c~ the Association.
Section 12.03. Easements for Encroachment. There shall be reciprocal
appurtenant easements for encroachment as between each Estate and such
portion or portions of the Common Area adjacent thereto or as between
adjacent Estates due to the unintentional placement or settling or shifting of
the improvements constructed, reconstructed, or altered thereon (in
accordance with the terms of this Declaration) to a distance of not more than
five (5) feet, as measured from any point on the common boundary between
each Estate and the adjacent portion of the Common Area or as between
adjacent Estates, as the case may be, along a line perpendicular to such
boundary at such point; provided, however, in no event shall an easement for
encroachment exist if such encroachment occurred due to willful conduct on the
part of an Owner, tenant, or the Association. ·
Section 12.04 Estate Owners Easements. The rights and duties of the
Owners of Estates within the Property with respect'-to sanitary sewer, water,
electricity, telephone and cable television lines and drainage facilities shall be
governed by the following:
(a) Wherever sanitary sewer and/or water service connec-
tions or electricity, or telephone and cable television lines or
drainage or security facilities are installed within the Property,
which connection lines or facilities or any portion thereof, lie in or
upon Estates owned by any party other than the Owner of an
Estate served by said connections, lines or facilities, such Owners
of Estates served shall have the right, and are hereby granted an
easement to the full extent necessary therefore, to enter upon the
Estates within the Property within or upon which said connections,
lines or facilities, or any portion thereof, lie, to repair, replace
and generally mainta,n said connections as and when the same may
be necessary.
CiD) Wherever sanitary sewer and. or water service connec-
t;ons or electricity, te;ephone or cable television I,nes or dra,nage
~,r security facilities are installed within the Property, ~shich
connections serve more than one Estate, the Owner of each Estate
served by said connections shall be entitled to the full use and
enjoyment of such port~ons of said connections wh:ch service such
Owner's Estate.
- 47 - E95~0-()151 3
Section 12.05. Public Easement. There is hereby reserved to
Declarant, its successors and assigns, an easement for public ingress and
egress over any public pedestrian pathways. This easement shall not imply
any right of public use of the Common Area or improvements thereon, owned
b~ the Assoc~a~;on.
Section 12.06. Audio and Video. In the event that audio and video
communication services and utilities are made available to any of the Estates by
means of an underground coaxial cable system, the company furnishing such
services and facilities shall have a two foot (2') wide easement along and
centered on the underground wire or cable when and as installed by said
company from the utility easement nearest to the point of connection on the
permanent improvement or structure, or to be constructed upon said Estate,
~nd in a direct line from said nearest ctillt¥ easement to saic poInt of
connectIon.
Section 12.07 Easement for Construction, Maintenance and Repair of
Subdivision and Screening Walls. Declarant does hereby perpetually dedicate,
establish, create and set aside a non-exclusive ten (lO) foot wide easement
over, acrcss and upon the Property, such easement to be five (5) feet on
either side of subdivision entrance and screening walls constructed by the
Declarant or developers which have purchased Estates from the Declarant.
Such easements are reserved for the exclusive benefit of Declarant and the
Association, their respective successors and assigns, for the construction,
maintenance and repair of subdivision entrance and screening walls. Estate
owners shall not alter, paint, attach fences to or otherwise use such walls
even though certain of such walls and/or the easement reserved herein may be
located on such Owner's Estate. These walls and the easement reserved herein
shall constitute a portion of the Common Area and Common Facilities.
Section 12.C)~3 Easement for Maintenance and Repair of Lakes and Banks
'of Lakes. Declarant does hereby perpetually dedicate, establish, create and
set aside a non-exclusive ten (lO) foot wide easement over, across and upon
the Property, such easement to extend ten (10) feet in width around the
entire length of the Lake System. Such easements are reserved for the
exclusive benefit of Declarant and the Association, their respective successors
and assigns, for the maintenance and preservation of the Lake System and for
the maintenance and repair of the concrete and wood walls and the stone
paving lining the banks of the lakes. Estate Owners shall not alter, paint or
otherwise use such walls and stone paving even though certain of such walls,
stone paving and/or the easement reserved herein may be located on such
Owner's Estate. These walls, stone paving and the easement reserved herein
shall constitute a portion of the Common Area and Common Facilities.
Section 12.C)9 Lake System Easement. No Member of the Association
sha~l restrict the use of the Lake System ~y any other Member, a~d each
Nlember is hereby granted an easement and right to reasonably use the entire
Lake S,/ste.m ~n common with each other .',lernber, PROVIDED that such
reasonable use of the Lake System shall extend onlv to the water surface
thereof and such easement granted herein shall not extend to any land area
abutting the Lake System. The e'asement granted to the Members in th.s
Section 12.09 shall not be construed to prohibit the Owner of an Estate that
abuts the Lake System from using the banks and the land area abutting the
Lake System w'- ,ch is owned by such Estate Owner.
- 48 - ~50D-0i51.3
ARTICLE Xlll
CONDEMNATION
[
In the even: of a taking by eminent domain of any part of the Common
Area. the Association shall participate in the negotiations, agreements and
sett!ements with the condemning authority or the court. The award or
proceeds of settlement shall be payable to the Association for the use and
benefit of the Owners.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01. Duration. The Covenants, Conditions and Restrictions of
this Declaration shall run with and bind the land subject to this Declaration,
and shall inure to the benefit of and be enforceable by the Association and/or
the Owner of any land subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of thirty-five (35)
years from the date that this Declaration is recorded in the office of the
County Clerk of Dallas County, Texas, after which time said Covenants and
Restrictions shall be automatically extended for successive periods of ten (10)
years unless (and subject to the provisions of the Deed Restrictions, as
hereinafter defined) an instrument is signed by the Members and Eligible
Lenders entitled to cast sixty-seven percent (67~) of the votes of the
Association in the aggregate, regardless of class,, and has been recorded in
the Deed Records, Dallas County, Texas, agreeing to abolish the same
Covenants, Conditions and Restrictions in whole or a substantial portion
thereof; provided, however, that no such agreements to abolish shall be
effective unless made and recorded one (1) year in advance of the effective
date of such abolishment.
Section 14.02. Amendments. Notwithstanding Section 14.01 of this
Article and subject to the provisions of Section 3.07 hereof, where applicable,
these Covenants and Restrictions may be amended and/or changed in part with
the. consent of at least fifty-one percent (51%) of the outstanding votes of the
Members of each Class of Members 'of the Association; provided that the
Declarant may execute and record amendments to this Declaration without such
consent or approval if the amendment is for the purpose of correcting technical
errors or for clarification only. Any and all amendments, if any, shall be
recorded in the office of the County Clerk of Dallas County, Texas.
Section 14.05. En.~orcement. Enfcrcement of these covenants and
restrictions s~all be by any proceeding at law or in equity against any person
or perscns violating or a::e.mpting to violate them, or tc recover damages, or
tc e~orce any lien created by these covenants; and fai!ure by the Association
or the Dec!arant to er. force any co,'enant or restriction herein contained shall
in no e'~ent be deemed a waiver of the tis;hr to do so thereafter. The
De:!arant, the Architectural Review Committee, an O~ner or the Association
shall have the right. 5ut not the obligation, to enforce these covenants and
restrictions in accordance with the provisions set forth ~'ithin this Declaration.
- 49 g~500-0151.3
Section 14.0-1. Limitation of Restrictions on Declarant. Declarant is
undertaking the work of developing land for residential purposes and
mncidental ~mprovements upon the Property. The completion of that work and
the sale or other disposal of such developed land is essential to the
establishment and welfare of said Property as a resmdentmal community. In
order that said work may be compieted and said Property be established as a
fully occupied residential community as rapidly as possible, nothing in this
Declaration shall be understood or construed to:
ia) Prevent Declarant. its contractors, or subcontractors
from doing to the Property whatever is reasonably necessary or
advisable in connection ~,ith the completion of said work; or
(b} Prever, t Declarant or its representatives (rom erecting,
constructing and maintaining on any part or parts of the Property.
such structures as may be reasonable and necessary for the
conduct of its business of completing said work and establishing
said Property as a residential community and disposing of the same
in parcels by sale. lease, or otherwise; or
(c) Prevent Declarant from conducting on any part of the
Property such business or completing said work; or
(d) Prevent Declarant from maintaining such sign or signs
on any of the Property as may be necessary for the sale, lease or
disposition thereof, provided, however, that the maintenance of
any such sign shall not unreasonably interfere with the use by
any Owner of his Estate.
The foregoing limitations On the applicati~ of the restrictions to
Declarant shall terminate upon the sale of Declarant's entire interest in the
- Property.
Any action taken by Declarant pursuant to any provision of this Section
will not unreasonably interfere with the Owner's rights and use of his Estate.
Section 14.05. Termination of and Responsibility o~, Declarant. If
Declarant should convey all of its right, title and interest in and to the
Property to any pa~nership, individual or individuals, corporation or
corporations, then and in such event Declarant shall be relieved of the
performance of any further duty or oblis~ation hereunder, and such
partnership, individual or individuals, corporation or corporations, shall be
obligated to perform all such duties and obligations of the Declarant.
Section 14.06. O~ners' Compliance. Each Owner, tenant or occupant of
an Estate or unit in an Apartment Complex shall comply with the provisions, of
this Declaration, and sYall ccmply with the decisions and resolutions of the
Association or its duly authorized representative, and failure to ccmply with
any such provisions, decisions, or resolutions, shall be grounds for an action
to recover sums due, for damages and/or fines or for ~njunctive relief.
All agreements and determinations lawfully made by the Association in
accordance with the voting procedures established herein shall be deemed to be
binding on all Owners of Estates, their successors and assigns.
- 50 -
9S~,L'~)-01 51.3
Section 14.07. Severability. Invalidation of any one of these covenants
or restrictions by jud_~ment or court order shall not affect any other provision
~h.ch shall remain in full force and effect.
Section 14.08. Headings. The headin_cs contained in this Declaration
are for reference purposes only and shall not in any way affect the meaning or
,r, terpretation of this Declaration.
Section 14.09. Notices to Member or Eligible Lender. Except as
t~ereafter set forth any notice required to be given to any MemDer or Eligible
Lender under the provisions of this Declaration shall be deemed to have been
properly delivered when deposited in the United States mail, postage prepaid,
addressed to the last known address of the person who appears as ,Member or
E!:g~ble Lender on the records of the Association at the time of such mailing.
In the event that there are multiple Members or multiple Eligible Lenders with
respect to a single Estate the Association shall be obli_cated to send notice to
only one (1) of the multiple Members and one (1) of the multiple Eligible
Lenders. Notice to one shall be deemed to be notice to all. Multiple Members
or Eligible Lenders may designate one (1) of their S;roup as the person entitled
to notice by so notifying the Association in writing of such person and the
address thereof, but if no such person is designated the Association may
notify any one (1) of such multiple Members and multiple Eligible Lenders.
Notices of past due assessments, of the intention to institute any punitive
provisions hereof, of any sanctions to be imposed hereunder or of any
violations of this Declaration shall be sent to the affected person or entity by
certified mail, return receipt requested and addressed as aforesaid.
Section 14.10. Disputes. Matters of dispu'te or disagreement between
Owners with respect to interpretation or application of the provisions of this
Declaration or the Association Bylaws, shall be determined by the Board of
Directors, whose reasonable determination shall be final and binding upon all
Owners.
Section 14.11. Compliance with FHLMC, FNMA, VA and FHA
Regulations. The Declarant intends that the documents creating and governing
the Association and/or this Declaration may be amended to comply (if not in
compliance) with all requirements .of the Federal Home Loan Mortgage
Corporation ("FHLMC"), Federal National Mortgage Association (-FI~MA"),
Federal Housing Administration ("FHA") and Veterans Administration (-VA")
pertaini.ng to the purchase or guaranty by FHLMC, FNMA VA or FHA of
conventional home loans. Declarant and all Owners therefore agree that,
notwithstanding anything to the contrary contained herein, in the event this
Declaration, any of the Bylaws and Articles of Incorporation of the Association
ar.d any other documents or instruments governing or creating sa.ne do not
comply' with the FHLMC, FNN1A, VA or FHA requirements, the Declarant or the
~:.a-d s.,a,I have the power° in its discretion (on behalf of the Assc. c:ation
ard each ar.d e~er'/ Owner) to amend the terms of this Declaration, the
ar.d Articles of Incorporation of the Association and any other documents or
inst~umen:s _coYerning or creating same and'or to enter into any agreement
~ith FHLMC (or its designee), FNMA (or its designee) VA (or its designee),
or .-'HA (or its designee) reasonably required by F'~MA or FHLMC, YA or
F;~', tc allow the Property, the Association, the Declaration and/or any other
reiated documents to comply with such requirements.
IN WITNESS WHEREOF, Triland Investment Group, a Texas general
partnership venture, being the Declarant herein, has caused this instrument to
be executed this 30th day of November, 1984.
TRILAND INVESTMENT GROUP,
a Texas general partnership,
By: STYLUS HOLDINGS, INC.,
a Texas corporation and one of
three general partners
Nfchblas R. I~iG~usej~e,~ (~
President
THE STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the .:2,~,~- day of
~'- 1984 by NICHOLAS R. DiGIUSEPPE, President of STYLUS
HOLDINGS', INC., a Texas corporation, on behalf of said corporation, acting
as a general partner of Triland Investm&nt Group, a Texas general
partnership.
UNDER MY HAND AND SEAL OF OFFICE, this ._~/-day of
~_~IVEN
- , 1984.
Notary Public, St, re of Tex~s
/-~'?'F . (Printed or Typed Name of Notary)
- 52 - 99500-0151.3
EXHIBIT
BEING a tract of land located in the Patience Piles Survey, Abstract No. 1137,
the B.B.B. & C.R.R. Survey, Abstract No. 199, the J. H. Mounts Survey,
Abstract_ No. 903 and the Edward Cook Survey, Abstract No. 300, City of
Coppell, Oallas County, Texas, being part of 24.5 acre tract described as the
"Second Tract" in deed from Laura B. Allen to G. ~. Cole as recorded in Volu~e
969, Page 98, Deed Records of Dallas County, Texas, being all of a 117 acre
tract recorded in Volu~e 5579, Page 554, Deed Records of Dallas County, Texas,
being all of a 32.38 acre tract recorded in Volmae 5579, Page 555, Deed
Records of Dal]as County, Texas, bean8 a part of a tract of land described as
the "Third Tract" in deed recorded in Volume 969, Page 98, Deed Records of
Dallas County, Texas, bein8 a tract of land conveyed to T. L. Wheeler by
George Bucek on June 12, 195~, being all of the [iebel Addition Revised, an
addition to the City of Coppell, recorded in Voluae 8108~, Page 2663, Deed
Records of Dallas County, Texas, being Lots 23 through 29 of the [imbel
Addition, an addition to the City of Coppel], recorded in Volu~e 77213, Page
O999, Deed Records of Dallas County, Texas, and being more particularly
described as follows:
C~CING, at a l/2-inch iron rod found on the north line of Sandy Lake Road
(60 feet wide) said rod being in the east line of a 5.0 acre tract conveyed by
C.g. and Vera McDonald to A. R. McDonald by deed as recorded in Volume 3824,
Page 292, Deed Records of Dallas C~unty, Texas;
THENCE, N 89° 15' 30" W, along sa~d north line of Sandy Lake Road a distance
of 94.74 feet to a 1/2-inch iron rod found for the POINT OF BEGINNING;
THENCE, N O0° 56' 33" E, a distance of 664.52 feet to a 1/2-inch iron rod
found on the north line of said McDonald Tract;
THENCE, N 88° 56' 27" W, a distance of 234.75 feet to a 1/2-inch iron rod
found at the northwest corner of said McDonald Tract said point also being on
the east line of Meadows Section T~o Addition as recorded in Volume 82118,
Page 2778. Deed Records of Dallas Gounty, Texas;
THENCE, N O0° 25' 39" E, along said east line of Meadows Section Two and the
east line of Breawood Development Corporation as recorded in Volume 81143,
Page 2666, Deed Records of Dallas County, Texas, a distance of 1803.17 feet to
a ]/2-inch iron rod found for corner;
THENCE, N 89° 57' 30" W, with the north line of said Breawood Development
Corporation a distance of 1271.20 feet to a l/2-inch iron rod found on the
east line of Breawood Development Corporation as recorded in Volume 83017,
Page 3249, Deed Records of Dallas County, Texas;
THENCE, N O0° 07' 39" E, along the east line of said Breawood Development
Corporation, a distance of 1106.62 feet to a 1/2-inch iron rod found in the
northeast corner of said Breawood Development Tract;
THENCE, N 89° 22° 00" W, with the north line of said Breawood Development
Tract, a distance of 818.59 feet to a 1/2-inch iron rod found for the
EXHIBIT "A" - Page 1 of 6 Pages
northwest corner of ~aid Breawood Development Tract, rmid point beta8 in the
east line of Smaue! Boulevard (61.92 feet ~ide);
THE~C£, N O0° 34' 68" £, alon8 the east line of S~nuel Boulevard a distance of
1656.6~ feet to a said P.E. Nail ~et for corner at the intersections of said
Samuel Boulevard east line with the south line of DeForest Road (30 feet
~r~de);
THENCE, S 89° 6&' 05" E, generally a]on8 an existin8 fence and the south line
of DeForest Road a distance of 3800 feet to a 12-inch corner post for corner;
THENCE, S O0° 36' /+8" W, a distance of 558.55 feet to a l/2-inch iron rod set
for corner;
THENCE, S 89° &6' 05" E, a distance of 67.29 feet to s 1/2-inch iron rod set
for corner;
~THENCE, generally along the meanders of the high bank line of Denton Creek as
fol 1 ows:
S 69° 07' 3~" W, a distance of 266.27 feet to a 1/2-inch iron rod
found for corner;
S 32° 62' 02" k', a distance of 196.66 feet to a 1/2-inch iron rod
set for corner;
S 21° 33' 37" E, a distance of 237.0~ feet to a l/2-inch iron rod
set for corner;
.THENCE, leaving said high bank line of Denton Creek, S 63° 54' 55" k', a
distance of 393.30 feet to s ]/2-inch iron rod set for corner in the north
line of a tract of land conveyed to Elvin R. Warren by deed recorded in Volume
78216, Page 701, Deed Records of Dallas County, Texas;
THSNCE, N 89° 22' 00" W, vith the north line of said Warren Tract a distance
of 18~.71 feet to a ]/2-inch iron rod set for corner;
THENCE, S 39° 53' 28" E, a distance of 655.86 feet to a l/2-inch iron rod set
in the south line of said Warren Tract;
THENCE, S 89° 00' 10" E, along said south line of Warren Tract s distance of
295.96 feet to a 1/2-inch iron rod found for corner;
THENCE, N 03° 09' 02" W, a distance of 8.73 feet to a l/2-inch iron rod found
for corner;
TH~CE, $ 60° 67' 30" E, a distance of 175.36 feet to s 1/2-inch iron rod
found for corner on the said high bank line of Denton Creek;
THENGE, generally along the meanders of the high bank line of Denton Creek as
follows;
S 15° ~7' 53' W. s distance of 70.00 feet to s ]/2-inch iron rod
found for corner;
EXHIBIT "A' - Page 2 of 6 Pages
found for corner;
S 69° 32' 37" E, a distance of 13~.00 feet to a l/2-inch iron rod
found for corner;
S 31' 25' 50" E, a distance of 182.00 feet to a 1/2-inch iron rod
found for corner;
S 16' 03' 23" 14, a distance of 78.00 feet to a 1/2-inch iron rod
found for corner;
S 32° 28' 01" 14, a distance of 226.76 feet to a ]/2-inch iron rod
found for corner;
S 01' 58' 02" W, a distance of 8~.00 feet to a 1/2-inch iron rod
found for corner;
$ 15° 62' 31" 14, a distance of 662.25 feet to a 1/2-inch iron rod
found for corner;
$ 55° 24' 02" 14, a distance of 165.00 feet to a 1/2-inch iron rod
found for corner;
$ 26° 34' 39" 14, a distance of 136.91 feet to a l/2-inch iron rod
found for corner;
S 38° 00' 32" E, a distance of 206.18 feet to a 1/2-inch iron rod
found for corner;
S 15° &8' 27" E, a distance of 88.~8 feet to a 1/2-inch iron rod
found on the north line of a tract of land conveyed by deed fro~.
14alter leas Construction Company to itarnes Plumbin8 Company as
recorded in ¥oluee 81159, Page 2126, of the Deed Records of Dallas
County, Texas;
.THENCE, leaving the high bank line of Denton Creek, # 88° 47' 17" W, with said
north line of the Starnes Plumbing Company tract a distance of 347.88 feet to
a l/2-inch iron rod found for corner, said rod also being the northeast comer
of the [imbel Addition, an addition to the City of Coppell, Dallas County,
Texas as recorded in Volume 77213, Page 0999 of the Deed Records of Dallas
County. Texas;
T~CE, S 02° 17' &5" E, with the east line of said [iebel Addition said line
also being the west line of the itarnes Plumbin8 Coepany tract and the west
line of the Walter Eeas Construction Company tract as recorded in Volume
79194, Page 2075, Deed Records of Dallas County, Texas a distance of 934.10
feet to a 1/2-iach iron rod found for corner on the north line of Coppell
Properties as recorded in Volume 79221, Page 1473, Deed Records of Dallas
County, Texas;
THENCE, S 87' 39' 53" Y, with the north line of said Coppell Properties a
distance of 10~&.86 feet to a 1/2-inch iron rod found in the east line of
Ei~bel Eourt (a 50 foot wide street);
TltE2~E, N 02° 20t 07" 14, along the east line of said limbel Eourt a distance
EXHIBIT 'A' - Page 4 of 6 Pages
SAVE ~JgI) EXCEPT
a tract of land situated in the B.B.B. & C.R.R. Survey Abstract No. 199
in the City of Cqppell, Dallas County, Texas and bein8 more particularly
described as follows:
BEGINNING, at an iron rod set for corner in the North line of Sandy Lake Road,
said point being S 89° 15' 30" E, a distance of 630.00 feet from the Southeast
corner of a tract conveyed by deed to A. R. HcDonald by C. W. ~lcDonald and
Vera NcDonald as recorded in Volume 3824, Page 292, Deed Records, Dallas
County, Texas;
IItENCE, # 02° 56' 53" W, departing said North line, for a distance of 193.41
feet to an iron rod set for corner;
THENCE,
corner;
corner;
THENCE,
THENCE,
corner;
corner;
THENCE,
corner;
THENCE,
corner;
THENCE,
coiner;
# 10° 41' 06" W, for a distance of 36.90 feet to an iron rod set for
S 64° 07' 02" E, for a distance of 27.81 feet to an iron rod set for
# 48° 04' 51" E, for a distance of 71.66 feet to an iron rod set for
# 26° 33' 54" W, for a distance of 55.90 feet to an iron rod set for
# 26° 33' 54" W, for a distance of 55.90 feet to an iron rod set for
# 16° 59' 57" W, for a distance of 37.13 feet to an iron rod set for
# 65° 23' 06" E, for a distance of 306.47 feet to an iron rod set for
N 01' 23' 56" W, for a distance of 100.00 feet to an iron rod set for
THENCE, N 87' 23' 02" E, for a distance of 5~0.00 feet to an iron rod set in
t. he West line of the Proposed HacArthur Boulevard;
.THENCE, S 02' 39' 17" E, along said West line for a distance of 97.62 feet to
an iron rod set for corner;
,THENCE, S 01' 23' 56" E, continuing vith said West line for a distance of
566.39 feet to an iron rod set for corner in the North line of said Sandy Lake
Road;
THENCE, # 89' 15' 30" W, along said North line for a distance of 834.73 feet
to the POINT OF BEGINNING;
CONTAINING, 11.O355 acres (480,708 sq. ft.) of land.
(h) Complying ~dth ail ~overnment health and
po~e requirements;
(t) Repair of exterior da~ages
iz~ rovements:
to
(J) Cleaning of abutting water~ay, s end
t~ndscaped areas lying between public right-of-way
~aes and Estate lines, unless such streets, uaterways
e~ landscaped areas ere expressly deslg'nett~ to be
Common Area maintained by sppUcable governemnta]
mzthorities or the Association; end
(k) if appNcable, striping of paridng areas
r.,d repainting of improvements.
Section 14.02 Enforcement. If, in the ~inion of the
Assoc~tion. any such O~'ner or occupant has f~ in any of the
fo~ dufl~ or ~s~n~bi~ties, then the As~tion may ~ve
such ~n w~tten ~ti~ of ~uch f~lu~ and s~ ~n must
~t~n ~n (10) ~ys after ~ng su~ ~ti~. ~rfom the
~p~ and m~ntenan~ or make a~ange~ts ~th t~
Rs~ for ~ng the mp~rs and m~nte~ ~ul~d.
Should ~y such ~r~n f~] to ~]~] this duty ~ ~n~biaty
~t~n ~h ~, then t~ As~ati~, thmu~ t~ aut~t~
~ent ~ ~entz, ~l have ~e ~ght and ~er ~ ~ter onto the
p~ and ~ ~ch ~r and ~ntena~ ~t~t any
~bia~ ~r ~ for ~ ent~, t~pas, ~ ~he~ ~
any ~, ~ ~m and ~p~ (tnc]u~ k~) of
~ ~ of the ~ on ~eh such ~ork ~ ~rfo~d ~
~nt~ ~ ~e~ ~ ~bk for the ~ of ~ ~ork (su~
~ ~tu~g a ~ in~du~ a~ss~nt ~ ~ in
~ 4.~ ~D ~d ~ p~pt~ ~~ ~ A~fi~
~r ~ ~t. ~ ~ ~r ~ ~u~t sh~ ~ to ~bu~
~ for ~ work ~ ~e A~~. ~n ~d
lndebt~ ~ ~ a ~t of ~ ~d ~ ~nt~ and
~e~. and ~ ~n~tute ~ ~en ~n~ ~ ~ of ~e
~ ~ w~ ~d ~k ~ ~ed. ~ ~a ~
~ ~e ~e ~nfic~ ~e~ and ~ts ~-~ ~.
inc~ but ~ ~ted to t~ ~ght of fo~u~.
The pzesent Arttele XlV of the Dee~nrntton. u~:~ contains General
Ptov~aions. ~ become A~tlele XV. and the Sections of said Arttele shah be
renumbered aeeot~tlng]y.
The Declaration, as amended by this ~ Amendment, ~ hereafter
continue in ~ force and effect tn accordance Nth the te~a~ thereof.
IN KITI~ESS WHEREOF, this Flr~t Amendment to Dechtatiee of
Covenant,. Cae~ltiona and Rest~-tiona hca been duly executed as of the date
iL-at above ~l~tten.
DECLARANT:
TRILANDINTR:S1WENT GROUP.
a Texas renertlpartnersh~
By: STYLUS HOLDINGS, INC.,
a Texas corporation and one of
three gener~! ptrtntrs
a. t~seppe.
90500-0270.21 - J -
THE S'fATE OF TFXA~
COUN'I'Y OF DALLAS
This instrument was acknowledged before me on the x ~':' day of
I~cembero 1984 by I~ICHOLAS R. DIGIUSEPPE, Preaiden! ~ STYLUS
HOLDINGS, INC., a Texas corporation, on behaif of laid corporation, acting
· s · general partner of Trilan(~ Investmen! Group. a Texas general
partnership.
My Commis£ion Expires:
l,,'otary Public, State ~)f Texas
T3rped Name got' Notary)
99500-0270.~1
- 3
EXHIBIT
EXHIBIT
BEING & tract of land located in the Patience Piles Survey, Abstract No. 1137,
the B.B.B. & C.R.R. Survey, Abstract ~1o. 199. the J. H. Haunts Sur*ey.
Abstract lqo. 903 and the Edward Cook Survey. Abstract lqo. 300. City of
Coppell. Dallas County, Tezas. being part of 2/`.5 acre tract described as the
'Second Tract" in deed fro~ Laur~ B. Allen to G. lq. COle as recorded in Volu~e
969. Page 98, Deed Records of Dallas County, Texas. being all of a 117 acre
tract recorded in Volu~e 5579, Page 55~, Deed Records of Dallas County, Tezas,
being all of a 32.38 acre tract recorded in Volu~e 5579, Page 555, Deed
Records of l)al]as County. Texas. being a part of a tract of land described as
the ~l~ird Tract" in deed recorded in Vol~e 969. Page 98. Deed Records of
l~]las County. Texas. bein8 a tract of land conveyed to T. L. ~eler by
George Bucek on June 12, 195/`, being all of the Kimbel Addition Revised. an
addition to the City of Coppe]l. recorded in Volume 8108/`. Page 2/,63, Deed
Records of Dallas County. Tezas. being Lots 23 through 29 of the Kimbe]
Addition. an addition to the City of Coppe]l, recorded in Volu~e 77213, Page
0999. Deed Records of Dallas County, Texas. and bein~ more particularly
described as follovs:
O0~fENCING, at s ]/2-inch iron rod found on the north line of Sandy Lake Road
(60 feet vide) said rod being in the east line of a 5.0 acre tract conveyed by
C.~. and Vera McDonald to A. ~. HcDormld by deed as recorded in Volume 3824,
Page 292, Deed Records of Dallas C~unty, Texas;
THENCE, N 89° 15' 30" W, along said north line of Sandy Lake Road a distance
of 94.74 feet to a 1/2-inch iron rod found for ~he POINT OF BEGIHNIKG;
THENCE, N aa° 56' 33" E, a distance of 66~.52 feet to a 1/2-inch iron rod
found on the north line of said McDonald Tract;
TRENCE. lq 88° 56' 27" ~, a distance of 236.75 feet to a 1/2-inch iron rod
found at the northwest corner o~ said McDonald Tract said point also being on
the east line of Headovs Section Tva Addition as recorded in Voluee 82118,
Page 2778, Deed Records of Dallas County, Texas;
THENCE, N OO° 25' 39" E, along said east line of Headovs Section Tvo and the
east line of Breavood Development Corporation as recorded in Volume 81143,
Page 2666, Deed Records of Dallas County, Texas, a distance of 1803.17 feet to
a ]/2-inch iron rod found for corner;
~}{FJiCE, N 89° 57' 30" W, v~th the north line of said Breaw~d Deve]op~ent
Corporation a distance of 1271.20 feet to a 1/2-inch iron rod found on the
east line of Breavood Development Corporation as recorded in Volu~e 83017.
Page 32~9, Deed Records of Dallas County, Texas;
THENCE, N OO° 07' 39" E, a]o~ the east line of said Breavond Development
Corporation, a distance of 1106.62 feet to a 1/2-inch iron rod found in the
northeast corner of said Breavood Development Tract;
THEXCE, N 89° 22° 00" W, with the north line of said Brea~ood Development
Tract, a distance of 818.59 feet to a 1/2-inch iron rod found for the
EXHIBIT "A~ - Page I of 6 Pages
north~st corner of ~aid Breawood Development Tract, amid point bain8 in the
east line of Samuel Boulevard (&1.92 feet ~clde);
THENCE, N 00' 3~' 48" E, alon8 the east line of Samuel Boulevard a distance of
1656.44 feet to a said P.E. Nail set for corner at the intersections of said
Samuel Boulevard east line with the south line of DeForest Road (30 feet
vide);
THENCE, S 89° &4' 05" E. generally along an existing fence and the aouth line
of DeForest Road a distance of 3800 feet to a 12-inch corner post for corner;
.THENCE, S O0° 34' 48" W, a distance of 558.55 feet to a l/2-inch iron rod set
for corner;
THENCE, S 89° 44' 05" E, a distance of 47.29 feet to a l/2-inch iron rod set
'for corner;
~THENCE, generally along the meanders of the high bank line of Denton Creek as
fol lows:
S 69° 07' 34" W, a distance of 244.27 feet to a 1/2-inch iron rod
found for corner;
S 32° 42' 02" W, a distance of 194.~4 feet to a 1/2-inch iron rod
set for corner;
S 21* 33' 37" E, a distance of 237.06 feet to a l/2-inch iron rod
set for corner;
THENCE, leaving said high bank line of Denton Creek, S 43° 54' 55" W, a
distance of 393.30 feet to a ]/2-inch iron rod set for corner in the north
line of a tract of land conveyed to £1vin R. Warren by deed recorded in Volume
78216, Page 701, Deed Records of Dallas County, Texas;
THENCE, N 89° 22' 00" W, with the north line of said Warren Tract a distance
of 184.71 feet to a 1/2-inch iron rod set for corner;
.THENCE, S 39° 53' 28" E, a distance of 455.86 feet to a 1/2-inch iron rod set
in the south line of said Warren Tract;
.TH. ENCE, S 89° 00' 10" E, along said south line of Warren Tract a distance of
295.94 feet to a 1/2-inch iron rod found for corner;
THENCE, N 03° 09' 02" W, a distance of 8.73 feet to a l/2-inch iron rod found
for corner;
THENCE, S 60° 47' 30" E, a distance of 175.36 feet to a 1/2-inch iron rod
found for corner on the said high bank line of Denton Creek;
THENCE, generally along the meanders of the high bank line of Denton Creek as
follows;
S 15° a7' 53" W, a distance of 70.00 feet to a 1/2-inch iron rod
found for corner;
EXHIBIT "A" - Page 2 of 6 Pages
S 03* 23* 17" E, a distance of 189.03 feet to a l/2-1nch iron rod
found for corner;
S 32° 33' 20" E, a distance of 112.~0 feet to a l/2-inch iron rod
found for corner;
S &6* &5' 15" E, a d/stance of 180.22 feet to a 1/2-Inch iron rod
found for corner;
S 65° 51' 13" E, a distance of 19~.8~ feet to a 1/2-inch iron rod
found for corner;
S 85° 28' &3" E, a distance of 132.06 feet to a l/2-inch iron rod
found for corner;
N 75° &9' 32" E, a distance of 206.5~ feet to a 1/2-inch iron rod
found for corner;
N 58° 0~' 24" E, a distance of 80.00 feet to a 1/2-inch iron rod
found for corner;
N 89° 07' 63" E, a distance of 209.72 feet to a l/2-inch iron rod
found for corner;
S 83° l&' 42" E, a distance of 130.00 feet to a 1/2-inch iron rod
found for corner;
N 59° 23' /~" E, a distance of 173.16 feet to a 1/2-inch iron rod
found for corner;
N 36° 29' 25" E, a distance of 167.15 feet to a 1/2-inch iron rod
found for corner;
# 62* 21' 24" E, a distance of 89.00 feet to o l/2-inch iron rod
found for corner;
S 47° ~8' 33" E, a distance of 80.00 feet to a 1/2-inch iron rod
found for corner;
S 20° 50' 59" E, a distance of 218.00 feet to a 1/2-inch iron rod
found for corner;
S 00° 16' 14" E, a distance of 137.00 feet to a 1/2-inch iron rod
found for corner;
S 21' 09' 33" W, a distance of 155.56 feet to a 1/2-inch iron rod
found for corner;
$ 25° ~9' 41" W, a distance o~ 10~.98 feet to a l/2-tnch iron rod
found for corner;
S 25° 15' 33" E, a distance of 118.47 feet to a l/2-iflch iron rod
found for corner;
N 76° 0~' 56" E, a distance of 215.00 feet to a l/2-inch iron rod
EXHIBIT "l' - Page 3 of 6 Pages
found for corner;
S 69° 32' 37' E. a distance of 134.00 feet to a l/2-1nch iron rod
found for corner;
S 31' 25' .50" E, a distance of 182.00 feet to a l/2-tnch iron rod
found for corner;
S 16° 03' 23w W, a distance of 78.00 feet to a 1/2-inch iron rod
found for corner;
S 32° 28' 01" W, a distance of 226.76 feet to a ]/2-inch iron rod
found for corner;
S 01° 58' O2" W, a distance of 84.00 feet to a 1/2-inch iron rod
found for corner;
S 15° 42' 31" g, a distance of 442.25 feet'to a 1/2-inch iron rod
found for corner;
S 55° 24' 02" W, a distance of 145.00 feet to a 1/2-inch iron rod
found for corner;
S 24° 34" 39" W, a distance of 136.91 feet to a 1/2-inch iron rod
found for corner;
S 38° 00' 32" E, a distance of 206.18 feet to a 1/2-inch iron rod
found for corner;
S 15° 48' 27" E, a distance of 88.48 feet to a 1/2-inch iron rod
found on the north line of a tract of land conveyed by deed froe
Waiter Kens Construction Company to Starnes lriuebing Company as
recorded ia Volume 81159, Page 2124, of the Deed Records of Dallas
County, Texas;
...THENCE, leaving the high bank line of Denton Creek, N 88° &7' 17" W, with said
north line of the Starnes Plumbin8 Company tract a distance of 347.88 feet to
a 1/2-inch iron rod found for corner, said rod also being t_be northeast corner
of the Eimbel Addition, an addition to the City of Coppe]l, Dallas County,
Texas as recorded in Volume 77213, Page 0999 of the Deed Records of Dallas
County. Texas;
.THENCE, S 02° 17' 45" E, with the east line of said limbel Addition said line
also being the west line of the Starnes Plumbing Company tract and the west
line of the Walter leas Construction Company tract as recorded in Volume
79194, Page 2075, Deed Records of Dallas County, Texas a distance of 934.10
feet to a l/2-1nch iron .rod found for corner on the north line of Coppell
Properties as recorded in Volume 79221, Page 1473, Deed Records of Dallas
County, Texas;
THENCE, S 87° 39' 53~ W, with the north line of said Coppell Properties
distance of 1044.86 feet to a 1/2-inch iron rod found in the east line
[iebel lourt (a 50 foot wide street);
THEnCE, N 02' 20' 07~ W, along the east line of said limbel [ourt a distance
EXHIBIT 'A" - Page 4 of 6 Pages
of 395.52 feet to a 1/2-inch iron rod found for corner;
THENCE. $ 87' 39' 53" W. s distance of 330.06 feet to a l[2-1nch iron rod
found for corner in the east line of Allen Road (?5 feet wide);
THF2CE, N 02* 06' 18" W, with the east line of said Allen Road s distance of
151.88 feet to a l/2-inch iron rod found for corner;
TflF2CE, # 02° 39' 17" W, continuing with said east line of Allen Road
distance of 472.11 feet to a 1/2-inch iron rod found for corner;
THF~CE, N 88° &7' l&" W, a distance of 50.02 feet to a l/2-inch iron rod found
for corner;
THENCE, S 02° 39' 18" E, a distance of 5~6.95 feet to a 1/2-inch iron rod
found for corner;
1~rlENCE, N 88° ~6' 27" W, a distance of 25.01 feet to a 1/2-inch iron rod found
for corner, said point being the vest line of said Allen Road (75 foot vide);
THENCE, S 02° 39' 18" E, with the said west line of Allen Road a distance of
1.25 feet to a 1/2-inch iron rod found for corner;
THENCE, $ 02° 06' 3~" E, along the said ~est line of Allen Road a distance of
329.26 feet to a l/2-inch iron rod found for corner;
THENCE, S 02° 06' 18" E, with the west line of said Allen Road a distance of
326.72 feet to a 1/2-inch iron rod found st the intersections of the north
line of Sandy Lake Road (60 feet wide) with the ~est 1/ne of said ~11en Road;
THD/CE, N 89° 15' 30" ~, a~ong the north line of said Sandy lake Road a
distance of 1&95.97 feet to the PLACE OF BEGINNING;
CONTAINING, 17.910.825 square feet or 411.176 acres of land ~ore or less.
EXHIBIT 'A' - Page 5 of 6 Pages
$~¥£ A~D EXCEPT I tract of land situated ia ~e B.B.B. $ C.I.R. Survey Abstract No.
in the City of C~pell, D~llas County, Texas and bein$ ~ore particularly
described as follows:
BEGIIIIFING, at an iron rod set for corner ia t~e Nor~l~ line of Sandy Lake Road,
said point beiaI $ 89' 15' 30" £, a distance of 630.00 feet fro~ t~e Southeast
corm of a tract conveyed by deed to A. R. NcDonald by C. V. NcDonald and
Vera NcDo~ald as recorded ia Vol~e ~82&, Page 292, Deed Records, Dallas
County, Texas;
THENCE, N 02" 56' 53" I/, departing said North line, for a distance of 193.&1
feet to an iron rod set for corner;
THENCE, N 10' &l' 06" g,
co£ne~;
for a distance of ~6.90 feet to an iron rod set for
T}fENC~, S 6~* 07' 02" E,
cor nar;
for a distance of 27.81 feet to an iron rod set for
TH~, N /~8' 0~' 51" E, for a distance of 71.66 feet to an iron rod set for
cot nar;
THENC£, # 26* 33' 5~" V, for a distance of 55.90 feet to an iron rod set for
corner;
THENCE, N 26' ~3' ~. ~, for a distance of 55.90 feet to an iron rod set for
corner;
THENCE, N 16' 59' 57" Y, for a distance of 37.13 feet to an iron rod set for
cot n~r;
THF~CI':, N 65' 23' 06" E, for a distance of 306.67 feet to an iron rod set for
cor ncr;
THENCE, N 01' 23' 56" V, for a distance of 100.00 feet to an iron rod set for
cor. ner;
TltENCE, k 87' 23' 02" £, for a distance of 560.00 feet to an iron rod set in
the ~est line o! the Proposed HacArthur Boulevard;
.THENCE, S 02* 39' 17" £, a]on$ said Vest line for a distance of 97.62 feet to
an iro~ rod set for corner;
THENCE, S 01' 23' 56'* E, continuing rich said Vest line for a distance of
~6.~9 feet to an iron rod set for corner ia the North line of uid Sandy Lake
Road;
THENCE. N 89* 15' 30" V, lioni said North line for · distance of 83~.73 feet
Co the POINT OF BEGINNING;
CONTAINING, 11.0355 acres (/80,706 sq. ft.) of land.