Vlg at CC S6/FP-CS 941108 (2)Village at Cottonwood Creek
Section VI
Coppell, Texas
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
November 8, 1994
TABLE OF CONTENTS
o
o
DEFINITIONS ..................................... 1
PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO
2.1 Existing Properties ..............................
2.2 Additions to Properties ............................
3.1
3.2
3.3
Membership ...................................
Classes of Membership ............................
Quorum, Notice and Voting Requirements ................
4.1
4.2
4.3
Member's Basements of Enjoyment .....................
Title to the Common Properties .......................
Extent of Members' . .............................
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
Creation of the Lien and Personal Obligation of Assessments .....
Purpose of Assessments ............................
Improvement and Maintenance of the Common Properties Prior to
Conveyance to the Association ........................
Basis and Amount of Annual .........................
Special Assessments for Capital Improvements and Special
Individual Assessments ............................
Uniform Rate of Annual and Special Capital Assessments .......
Date of Commencement of Assessments; Due Date ...........
Duties of the Board of Directors with Respect to Assessments .....
Effect of Non-Payment of Assessment ...................
Subordination of Lien to Mortgages ....................
Exempt Property ................................
GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE
ASSOCIATION .....................................
6.1 Powers and Duties ...............................
6.2 Board Powers ..................................
6.3 Liability Limitations ..............................
6.4 Reserve Fund ..................................
INSURANCE:
7.1
7.2
7.3
7.4
7.5
REPAIR AND RESTORATION .................
Right to Purchase Insurance .........................
Insurance Proceeds ...............................
Insufficient Proceeds ..............................
Mortgage Protection ..............................
Destruction of Improvements on Individual Lots .............
10.
11.
USE OF COMMON PROPERTIES .........................
8.1 Restricted Actions by Owners ........................
8.2 Damage to the Common Properties .....................
8.3 Rules of the Board ...............................
USE OF PROPERTIES AND LOTS - PROTECTIVE COVENANTS
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
9.13
9.14
9.15
9.16
9.17
9.18
9.19
9.20
9.21
9.22
9.23
9.24
9.25
9.26
9.27
Residential Purposes ..............................
Minimum Lot Area ..............................
Minimum Floor Space .............................
Combining Lots ................................
Setback Requirements and Building Location ...............
Height ......................................
Driveways ....................................
Access ......................................
Drainage .....................................
Utilities .....................................
Construction Requirements ..........................
Garages .....................................
Landscaping and Sprinkler System .....................
Retaining Walls .................................
Fences ......................................
Trash Receptacles and Collection ......................
Exterior Lighting ................................
Window Coolers ................................
Antenna Restrictions ..............................
Temporary Structures and Vehicles .....................
Parking ......................................
Signs .......................................
Removal of Dirt ................................
Drilling and Mining Operations .......................
Offensive Activities ..............................
Duty of Maintenance .............................
Maintenance of Common Properties ....................
ARCHITECTURAL CONTROL COMMITTEE .................
10.!
10.2
10.3
10.4
10.5
Architectural Control Committee ........... ' ...........
Architectural Approval ............................
Variances ....................................
Nonconforming and Unapproved Improvements .............
N Liability ....................................
EASEMENTS ......................................
11.1 Ingress and Egress by the Association ...................
11.2 General ......................................
11.3 Reservation of Easements ...........................
11.4 Surface Areas of Utility Easements .....................
11.5 Universal Easement ..............................
11.6 Screen Wall Easement and Landscape Easement .............
12.
GENERAL PROVISIONS ...............................
12.1
12.2
12.3
12.4
12.5
12.6
12.7
12.8
12.9
Duration .....................................
Amendments ..................................
Enforcement ...................................
Severability ...................................
Headings .....................................
Notices to Member/Owner ............... ...........
Notices to Mortgagees .............................
Disputes .....................................
Termination of and Responsibility of Declarant ..............
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VILLAGE AT COTTONWOOD CREEK, SECTION SIX, COPPELL, TEXAS
THE DECLARATION is made this 8th day of November, 1994 by JIM SOWELL
CONSTRUCTION CO., INC. (hereinafter referred to as "Declarant")
WITNESSETH:
WHEREAS, Declarant is the owner of the real property referred to in Article II hereof
and described on Exhibit "A", attached hereto and made a part hereof for all purposes, and
desires to create thereon a residential community with landscaping, sprinkler systems, screening
walls, and other common improvements for the benefit of the community; and
WHEREAS, Declarant desires to provide for, among other matters, the preservation of
the values and amenities in said community and for the maintenance of said landscaping,
sprinkler systems, screening walls (located within wall easements and in the public R.O.W.),
and other common improvements; and, to this end, desires to subject the real property referred
to in Article II together with such additions as many hereafter be made thereto (as provided in
Article II) to the covenants, conditions, restrictions, easements, charges and liens hereinafter set
forth, each and all of which is and are for the benefit of said property and each owner thereof;
and
WHEREAS, Declarant has deemed it desirable for the efficient preservation of the values
and amenities in said community, to crete an agency to which would be declared and assigned
the powers of (i) maintaining and administering the Common Properties and facilities, (ii)
administering and enforcing the covenants and restrictions, and (iii) collecting and disbursing the
assessments and charges hereinafter created; and
WHEREAS, Declarant will cause to be incorporated under the laws of the State of Texas
a non-profit corporation for the purpose of effecting the intents and objectives herein set forth.
NOW, THEREFORE, Declarant declares that the real property referred to in Article
II, and such additions thereto as many hereafter be made pursuant to Article I hereof, is and
shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
restrictions, easements, charges and liens (sometimes referred to as "Covenants and
Restrictions") hereinafter set forth.
ARTICLE I
DEFINITIONS The following words when used in this Declaration of any
Supplemental Declaration (unless the context shall otherwise prohibit) shall have the
following meanings:
1.1 "Association" shall mean and refer to the vehicle and agency which will have the
power, duty and responsibility of maintaining and administering the Common Properties, and
collecting the disbursements and charges hereinafter prescribed, and will have the right of
administering and enforcing the Covenants and Restrictions. The Association shall, commencing
on the date of recordation of this Declaration and continuing for an indefinite period of time,
exist as an unincorporated association and at a point in time deemed appropriate by the
Declarant, consistent with the objective herein and the circumstance then existing, the Declarant
will cause the incorporation of the Association as a non-profit corporation under the laws of the
State of Texas.
1.2 "Properties" shall mean and refer to all such existing properties as are subject to
this Declaration as describe on Exhibit "A" attached hereto and any additions to such Properties.
1.3 "Common Properties" shall mean and refer to (i) those certain landscaping
improvements, screening walls, sprinkler systems, and easements, among other amenities as are
more particularly described on Exhibit "B" attached hereto and made a part hereof for all
purposed, which improvements are intended to be devoted to common use and enjoyment; and
(ii) any areas of land, improvements or other property rights within the Properties which are
intended for or devoted to the common use and enjoyment of the members of the Association
and which are designated as Common Properties by the Association, together with any and all
improvements that are now or may hereafter be constructed thereon. In certain circumstances
Common Properties may not be owned by the Declarant or the Association in fee, but may, in
some instances, be held as an easement, be leased or may simple be areas of land that are not
owned or leased by the Declarant or the Association but which are maintained by the Association
or the Declarant for the use and benefit of the Members and the Properties. An example of
areas of Common Property which may not be owned or lease by the Association or Declarant
but would constitute a portion of the Common Properties and be maintained by the Association
would be landscaped parkways within public rights-of-way within an appurtenant to the
Properties. The Declarant may hold record title to the Common Properties, consistent with the
objectives envisioned herein and subject to the easement rights herein of the Members to use and
enjoy the Common Properties, for an indefinite period of time and at a point in time (deemed
appropriate and reasonable by the Declarant) after the Association has been incorporated, record
title to those portions of the Common Properties which are owned by Declarant in fee, as an
easement or otherwise will be transferred from the Declarant to the Association.
1.4 "Lot" shall mean and refer to any plot or tract of land shown upon any recorded
subdivision map(s) or Plat(s) of the Properties, as amended form time to time, which is
designated as a lot therein and which is or will be improved with a residential swelling. Some
portions of the Common Properties may be platted as a "lot" on the recorded subdivision plat,
however, these lots shall be excluded from the concept and definition of lot as used herein.
1.5 "Owner" shall mean and refer to every person or entity who is record owner of
a fee or undivided fee interest in any Lot which is subject by covenant of record to assessment
by the Association, including contract sellers. The foregoing is not intended to include persons
or entities who hold an interest merely as security for the performance of an obligation.
1.6 "Member" shall mean and refer to each Owner as provided in Article III.
1.7 "Declarant" shall mean and refer to JIM SOWELL CONSTRUCTION CO.,
INC., and the successors and assigns (if any) of such Corporation, with respect to the voluntary
disposition of all (or substantially all) of the assets of such Corporation and/or the voluntary
disposition of all (or substantially all) of the right, title and interest of the Corporation, in and
to the Properties prior to the completion of development thereon, where such voluntary
disposition of right, title and interest expressly provides for the transfer and assignment of the
rights of such Corporation as Declarant, or with respect to the involuntary disposition of all or
any part of the Properties owned by Declarant. No person or entity purchasing one or more
Lots from such Corporation in the ordinary course of business shall be considered as
"Declarant".
ARTICLE II
2 PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO
2.1 Existing Properties. The properties which are, and shall be, held, transferred,
sold, conveyed, and occupied subject to this Declaration are located in Coppell, Dallas County,
State of Texas, and are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference for all purposes.
2.2 Additions to Properties. Additional land(s) may become subject to this
Declaration in any of the following manners:
2.2.1 The Declarant may add or annex additional real property to the scheme of
the Declaration by ffling of record a Supplementary Declaration of Covenants, conditions
and Restrictions which shall extend the scheme of the Covenants and Restrictions of this
Declaration to such property; provided, however, that such Supplementary Declaration
may contain such complementary additions and modifications of the covenants, conditions
and restrictions contained in this Declarations as may be necessary to reflect the different
character, if any, of the added properties and as are not materially inconsistent with this
Declaration in a manner which adversely affects the concept of this Declaration.
2.2.2 In the event any person or entity other than the Declarant desires to add
or annex additional residential and/or common areas to the scheme of this Declaration,
such proposed annexation must have the prior written consent and approval of the
majority of the outstanding votes within each voting class of the Association.
2.2.3 Any additions made pursuant to Paragraphs 2.2.1 and 2.2.2 this Section
2.2, when made, shall automatically extend the jurisdiction, functions, duties and
membership of the Association to the properties added.
2.2.4 The Declarant shall have the right and option [without the joinder, approval
or consent of any person(s) or entity(ies)] to cause the Association to merge or
consolidate with any similar association then having jurisdiction over real property
located (in whole or in part) within one-half (1/2) mile of any real property then subject
to the jurisdiction of the Association. Upon a merger or consolidation of the Association
with another association, its properties, rights and obligations may, by operation of law
be transferred t another surviving or consolidated association or , alternately, the
properties, rights and obligations of another association my, by operation of law, be
added to the properties, rights and obligations of the Association as a surviving
corporation pursuant to a merger. The surviving or consolidated association may
administer the covenants and restrictions established by this Declaration within the
Properties together with the covenants and restrictions established upon any other
properties as one scheme.
2.2.5 Notwithstanding the fact that the Declarant may not be a Class A or Class
B Member by virtue of its sale, transfer or conveyance of all of its right, title, and
interest in the Properties, the Declarant shall continue to be entitled to implement and
exercise all its rights under and pursuant to this Section 2.2 and all of the subsections
hereof. Even though the Declarant may not be a class A or Class B Member prior to an
annexation, merger or consolidation permitted by this Section 2.2, subsequent to such
annexation, merger or consolidation the Declarant shall be and become a Class B
Member with respect to the Lots owned by it within the Properties, as each Property has
been expanded or increased by the annexation, merger or consolidation. The Declarants'
rights as a Class B Member shall be governed by and set forth in the Declaration for the
Properties and the Articles of Incorporation and Bylaws of Association as same may be
amended or altered by and in accordance with the annexation, merger or consolidation.
ARTICLE III
3 MEMBERSHIP AND VOTING RIGHT IN THE ASSOCIATION
3.1 Membership. Every Owner of a Lot shall automatically be a Member of the
Association.
3.2 Classes of Membership. The Association shall have two classes of voting
membership:
3.2.1 CLASS A. Class A Members shall be all Members with the exception of
Class B Members. Class A Members shall be entitled to one vote for each Lot in which
they hold the interest required for membership. When more than one person holds such
interest or interest in any Lot, all such persons shall be Members, and the vote for such
Lot shall be exercised as they, among themselves, determine, but in no event shall more
than one vote be cast with respect to any such Lot.
3.2.2 CLASS B. Class B Members shall be Declarant and any bona fide Owner
who is engaged in the process of constructing a residential dwelling on any Lot for the
purpose of selling such dwelling upon its completion to consumers. Declarant shall be
entitled to six (6) votes for each Lot owned by all Class B Members. Class B Members
other than the Declarant shall be non-voting members of the Association. The Class B
membership shall cease, and each Class B Member shall become a Class A Member:
3.2.2.1 when the total number of votes outstanding in the Class A
membership is eight (8) times greater than the total number of votes outstanding
in the Class B membership; or
3.2.2.2 on the tenth (10th) anniversary date of the lawful commencement
date of the Association as an incorporated entity, whichever occurs first in time.
Notwithstanding the voting rights within the Association, until the
Declarant no longer owns record title to any Lot, or the tenth (10th) anniversary
of the recording date for this Declaration, whichever occurs first in time, the
Association shall take no action with respect to any matter whatsoever without the
consent and approval of the Declarant.
3.3. Quorum, Notice and Voting Requirements.
3.3.1 Subject to the provisions of Paragraph 3.3.3 of this section, any action
authorized by Sections 5.4 and 5.5.1 of Article V shall require the assent of the majority of all
of the votes of those who are voting in person or by proxy regardless of class, at a meeting duly
called for that purpose, written notice of which shall be given to all Members not less that ten
(10) days nor more than fifty (50) days in advance and shall set forth the purpose of such
meeting.
3.3.2 The quorum required for any action referred to in Paragraph 3.3.1 of this
Section shall be as follows:
At the initial meeting called, as hereinafter provided,, the presence at the
meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all of the
votes of the Association, regardless of class, shall constitute a quorum. If the required
quorum is not present at the 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.
3.3.3 As an alternative to the procedure set forth above, any action referred to
in Paragraph 3.3.1 of this Section may be taken without a meeting if a consent in
writing, approving of the action to be taken, shall be signed by Members who hold more
than sixty percent (60%) of the outstanding votes of the Association in aggregate,
regardless of class.
3.3.4 During the period of time that the Association is unincorporated, the
Declarant shall have the sole right and option to prescribe reasonable procedures for the
meetings (if any) of the Members; provided, however, that prior to incorporation,
without the approval of the Declarant, no Member (other than Declarant) shall have a
right to vote on any matter or to call any meetings of the Members of the Association.
Except as specifically set forth in this Declaration, notice, voting and quorum
requirements for all action to be taken by the Association (as an incorporated entity) shall
be consistent with its Articles of Incorporation and Bylaws, as same may be amended
from time to time.
ARTICLE IV
4 PROPERTY RIGHTS IN COMMON PROPERTIES
4.1 Member's Easements of Enjoyment. Subject to the provisions of Section 4.3 of
this Article, every Member and every tenant of every Member, who resides on a Lot, and each
individual who resides with either of them, respectively, on such Lot shall have a right and
easement of use and enjoyment in and to the Common Properties, and such easement shall be
appurtenant to and shall pass with the title of every Lot; provided, however, such easement shall
not give such person the right to make alterations, additions or improvement to the Common
Properties.
4.2 Title to the Common Properties. The Declarant shall dedicate and convey the
rights, obligations and/or fee simple title to the common Properties, shown on the plat of the
properties, to the Association at such point in time deemed reasonable and appropriate by the
Declarant. Prior to the date the Common Properties are conveyed to the Association, the
Declarant shall retain the right to sell portion of the Common Properties to Lot Owners if
Declarant, in its sole discretion, deems such sale to be for the best interest of the development.
4.3 Extent of Members' Easement. The rights and easements of enjoyment created
hereby shall be subject to the following:
4.3.1 The right of the Association to prescribe regulation governing the use,
operation and maintanence of the Common Properties;
4.3.2 Liens of mortgages placed against all or any portion of the Common
Properties with respect to monies borrowed by the Declarant to develop and improve the
Common Properties or by the Association to improve or maintain all or any portion of
the Common Properties.
4.3.3 The right of the Association to enter into and execute contracts with third
parties (including the Declarant, or an affiliate of the Declarant) for the purpose of
providing maintanence or such other material or services consistent with the purposes of
the Association;
4.3.4 The right of the Association to take such steps as are reasonable necessary
to protect the Common Properties against foreclosure;
4.3.5 The right of the Association, as may be provided in its Bylaws, to suspend
the voting rights of any Member for any period during which any assessment against a
Lot owned by such individual remains unpaid, and for anY period not to exceed sixty
(60) days for an infraction of its rules and regulations;
4.3.6 The right of the Declarant, subject to approval by written consent by the
Member(s) having a majority of the outstanding votes of the Assocation, in the
aggregate, regardless of class, to dedicate or transfer all or any part of the Common
Properties to any public agency, authority, or utility company for such purposes and
upon such conditions as may be agreed to by such Members;
4.3.7 The right of the Declarant, at any time, to make such reasonable
amendments to the Plat (herein so called) of the Properties recorded in the Map Records
of Dallas County, Texas (hereinafter referred to as the "Plat") as it deems advisable, in
its sole discretion. All Members are advised that a portion of the Common Properties
may be located within the platted and dedicated public rights-of, way and in connection
therewith the public shall have rights of use and enjoyment of Common Properties
located within the public rights-of-way; and
4.3.8 With respect to any and all portions of the Common Properties, Declarant,
until Declarant no longer owns record title to any Lot, or the tenth (10th) anniversary
of the recording date of this Declaration, whichever is the earlier to occur, shall have the
right and option (without the joinder and consent of any person or entity, save and except
any consent, joinder or approval required by the City of Coppell or any other
governmental agency having appropriate jurisdiction over the common Properties to: (i)
alter, improve, landscape, landscape and/or maintain: (ii) rechannel, realign, dam,
bridge, bulwark, culvert and otherWise employ or utilize construction and engineering
measures and activities of any kind of nature whatsoever; (iii) zone, rezone or seek and
obtain variance s or permits of any kind or nature whatsoever; (iv) replat or redesign the
shape or configuration of the Common Properties; and (v) seek and obtain any and all
permits, licenses or exemptions form any and all governmental agencies exercising
jurisdiction over the Common Properties and/or the uses or activities thereon.
ARTICLE V
5 COVENTANTS FOR ASSESSMENTS
5.1 Creation of the Lien and Personal Obligation of Assessments, Declarant, for each
Lot owned by it within the Properties, hereby covenants and agrees, and each purchaser of any
LOt by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed
or other conveyance 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 the Lot), to pay to the Association (or to an entity or collection agency designated
by the Association): (1) annual maintenance assessments or charges; (2) special assessments for
capital improvements, such assessments to be fLxed established and collected form time to time
as hereinafter provided; (3) individual special assessments leveled against individual Lot Owners
to reimburse the Association for extra costs for maintenance and repairs caused by the willful
or negligent acts of the individual Owner and not caused by ordinary wear and tear, such
assessments to be f~xed, established and collected form time to time as hereinafter provided.
The annual, special capital, and special individual assessments, together with such interest
thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and
shall be a continuing lien upon each Lot against which each such assessment is made. Each such
assessment together with interest thereon and costs of collection thereof as hereinafter provided,
shall also be the continuing personal obligation of the person who was the Owner of such Lot
at the time when the assessment fell due.
5.2 Purpose of Assessments. The assessments leveled by the Association shall be
used exclusively for the purpose of promoting the health, safety, welfare and enjoyment of the
residents of the Properties, and particular for the improvement and maintenance of private
walkways, greenbelt areas, parkways, or other properties, services, improvements and facilities
devoted to this purpose and directly related to the use and enjoyment of the Common Properties
and insurance in connection with the Common Properties and the repair, replacement and
additions thereto; and for paying the cost of labor, equipment (including the expense of leasing
any equipment) and materials required for, and management and supervision of, the Common
Properties; and for carrying out the duties of the Board of Directors of the Association as set
forth in Article V hereof; and for carrying out the purposes of the Association as stated in its
Articles of Incorporation.
5.3 Improvement and Maintenance of the Common Properties Prior to Conveyance
to the Association. Initially, all improvement of the Common Properties shall be the
responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and expense
with no right to reimbursement from the Association. After the initial improvements ar e
substantilally completed and until the date of the conveyance of the title to the Common
Properties to the Association, the Declarant, on behalf of the Association, shall have the
responsibility and duty (but with right of assessment against all Owners) of maintaining the
Common Properties, including, but not limited to, the payment of taxes on and insurance in
connection with the Common Properties and the cost of repairs, replacements and additions
thereto, and for paying the cost of labor, equipment (including the expense of leasing any
equipment) and materials required for, and management and supervision of, the Common
Properties. Initial improvements shall mean and refer to those certain plantings, screening walls
and sprinkler systems, which improvements are intended to be devoted to common use and
enjoyment. In this regard, and until such time as the Common Properties are conveyed to the
Association, all assessments, both annual and special, collected by the Association (less such
amount required for the operation of the Association) shall be forthwith paid by the Association
to Declarant, to the extent that such assessments are required by Declarant to maintain the
Common Properties as set forth in this Paragraph. The Association may rely upon a certificate
executed and delivered by the Declarant with respect to the amount required by Declarant to
maintain the Common Properties hereunder.
5.4 Basis and Amount of Annual Maintenance Assessments.
5.4.1 Commencing with the year beginning January 1, 1995, and each year
thereafter, the Board of Directors, at its first annual meeting and at its annual meeting
next preceding each respective January 1 thereafter, any set the amount of the maximum
annual assessment may not be increased more than twenty-five percent (25 %) above the
maximum annual assessment for the previous year unless otherwise approved by a
majority of the votes of the Association's Members, regardless of class, as provided in
Section 3.3 of Article III.
5.4.2 When the assessment is computed for Lots, all or a portion of such
assessment shall be payable to the Association by the Member according to the status of
the Lot owned by such Member as follows:
5.4.2.1 When the Lot is owned by a Class A Member the full
assessment shall be payable.
5.4.2.2 When the Lot is owned by a Class B Member one-half (1/2)
of the assessment shall be payable for the first year of ownership. All
Assessments thereafter shall be payable in full.
5.4.3 Notwithstanding anything herein contained to the contraryy, prior to
January 1, 1995, the maximum assessment chargeable against any Lot for which a full
assessment is payable, shall not exceed $10.00 per month.
5.4.4 The Association's Board of Directors may fix the actual annual assessment
at an amount equal to or less than the then-existing maximUm annual assessment. The
Board of Directors may provide that annual assessments shall be paid monthly, quarterly,
semi-annually or annually on a calendar year basis. Written notice of the annual
assessment to be paid by each Member shall be sent to every Member, but only to one
(i) joint owner.
5.5 Special Assessments for Capital Improvements and Special Individual
Assessments.
5.5.1 In addition to the annual assessments authorized by Section 5.4. hereof,
the Association may levy in any assessment year a special capital assessment for the
purposed of defraying, in shoe or in part, the cost of any construction or reconstruction,
unexpected repair or replacement of a capital improvement upon the Properties or
Common Properties, including the necessary fixtures and personal property related
thereto; provided that any such assessment that is in excess of hundred dollars ($100.00)
per lot per calendar year shall have the affumative approval of a majority of the votes
of the Members, regardless of class, who are voting in person or by proxy at a meeting
duly called for that purposed, as provided in Section 3.3 of Article III.
5.5.2 Upon an affirmative vote of a majority of Members of the Board of
Directors of the Association, the Association may levy special individual assessments
against individual Lot Owners for reimbursement for repairs occasioned by the willful
or negligent acts of such individual Lot Owners and not ordinary wear and tear.
5.6 Uniform Rate of Annual and Special Capital Assessments. Except as otherwise
provided in Section 5.4.3 or in this Section 5.6, both annual and special capital assessment must
be fixed at a uniform rate for all Lots payable as set forth in Section 5.4 and Section 5.5 above.
Unless a majority of the Lot Owners and their respective first mortgages have given prior
written approval, the Board of Directors of the Association shall not change the pro rata interest
or obligations of any LOt (or Owner thereof) for purposes of levying annual and special capital
assessments and charges.
5.7 Date of Commencement of Assessments; Due Dates. The annual maintenance
assessments provided for herein shall commence on the date fixed by the Board of Directors of
the Association to be the date of commencement and, except as hereinafter provided, shall be
payable monthly, quarterly, semi-annually or annually, in advance, on the first day of each
payment period thereafter, as the case may be and as the Board of Directors shall direct. The
first annual maintenance assessment shall be made for the balance of the calendar year in which
it is levied. The amount of the annual maintenance 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 maintenance assessment provided for in Section 5.4 hereof as the
remaining number of months in that year bears to twelve; proved, however, that if the date of
commencement falls on other than the first day of the month, the maintenance assessment for
such month shall be prorated by the number of days remaining in the month. The due date or
dates, if it is to be paid in installments, of any other assessment Or special assessment under
Sections 5.4 and 5.5 hereof, shall be fixed in the respective resolution authorizing such
assessment. Annual, special capital and special individual assessments may be established,
collected and enforced by the Declarant at any time prior to the incorporation of the Association.
5.8 Duties of the Board of Directors with Respect to Assessments.
5.8.1 The Board of Directors of the Association shall fix the date of
commencement and the amount of the assessment against each LOt for each assessment
period at least thirty (30) days in advance of such date or period and shall, at that time,
prepare a roster of the Lots and assessments applicable thereto which shall be kept in the
office of the Association.
5.8.2 Written notice of the assessment shall thereupon be delivered or mailed to
every Owner.
5.8.3 The Board of Directors shall within five (5) business days of a demand
furnish to any Owner liable for said 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.
5.9 Effect of Non-Payment of Assessment. The Personal Obligation of the Owner,
the Lien; Remedies of Association.
5.9.1 If any assessment or any part thereof is not paid on the date(s) when due
(being the dates specified in Section 5.7 of this Article), then the unpaid amount of such
assessment shall become delinquent and shall, together with such interest thereon and
cost of collection thereof as hereinafter provided, thereupon become a continuing lien on
the Lot of the non-paying Owner which shall bind such Lot, the Owner of such Lot and
his heirs, executors, devisees, personal representatives and assigns. The Association
shall have the right to reject partial payments of an assessment and demand the full
payment thereof. The personal obligation of the then-existing Owner to pay such
assessment, however, shall remain his personal obligation and shall not pass to his
successors in title unless expressly assumed by them. However, the lien for unpaid
assessments shall be unaffected by an sale or assignment of a Lot and shall continue in
full force and effect. No Owner may waive or otherwise escape liability for the
assessment provided herein by non-use of the Common Properties or abandonment of his
Lot.
5.9.2 The Association may give written notification to the holder(s) of the
mortgage on the Lot of the non-paying Owner of such Owner's default in paying any
assessment when such default has not been cured within thirty (30) days after the date
such assessment was due.
5.9.3 If any assessment or part thereof is not paid when due, the unpaid amount
of such assessment shall be subject to a late charge of $15.00/Mo., and the Association
may, at its election, bring an action at law against the Owner personally obligated to pay
the same in order to enforce payment and/or to foreclose the lien against the property
subject thereto, and there shall be added to the amount of such unpaid assessment any
and all costs of collection incurred by the Association, including reasonable attorneys'
fees.
5.10 Subordination of Lien to Mortgages. The lien of the assessments provided for
herein shall be subordinate and inferior to the lien of any bona fide first lien mortgage or deed
of trust or any extensions, renewals or modifications thereof now or hereafter placed upon the
Lots subject to assessment; provided, however, that such subordination shall apply only to the
assessments which have become due and payable prior to a sale, Whether public or private, of
such property pursuant to the terms and conditions of any such mortgage or deed of trust. Such
sale shall not relieve such Lots from liability for the amount of any assessments thereafter
becoming due nor from the lien of any such subsequent assessment.
5.11 Exempt Property. The following property subject to this Declaration shall be
exempted from the assessments, charge and lien created herein:
5.11.1 All properties dedicated and accepted by the location public authority
and devoted to public use.
hereof.
5.11.2
All Common Properties as defined in Article I and Exhibit "B"
ARTICLE VI
6
GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE
ASSOCIATION
6.1 Powers and Duties. The affairs of the Association shall be conducted by its
Board of Directors. Prior to the incorporation of the Association, the Declarant shall select and
appoint the Board of Directors, each of whom shall be a Class A or Class B Member, or an
officer, employee, representative or agent of a Class A or Class B Member. From and after the
effective date of the Association's incorporation, the Board of Directors shall be selected in
accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for
the benefit of the Common Properties and the Owners, shall provide, and shall pay for out of
the maintenance fund(s) provided for in Article V above, the following:
6.1.1 Care and preservation of the Common Properties and the furnishing and
upkeep of any desired personal property for use in the Common Properties.
Expenditures for the repair or installation of capital improvements, not included in the
annual maintenance budget, may be paid from the reserve fund as specifically provided
in Section 6.5 herein.
6.1.2 Care and maintenance of the landscaping, masonry screening walls and/or
ornamental metal fence and entry features which may be constructed by Declarant on the
Common Properties within the public right-of-way, or on private property within screen
wall easements shown on the plat of the properties. Maintenance includes all repair or
rebuilding required and cleaning as required to remove graffiti or obscenities.
6.1.3 Maintenance, should the Board so elect, of exterior grounds, parkways and
access areas, including care of trees, shrubs and grass, the exact scope of which shall be
further specified by the Board from time to time. In particular, the Board shall be
empowered to contract with persons or entities who shall be responsible for the
maintenance of landscaping, trees, Shrubs, grass and like improvements which are located
on Lots within landscape easements shown on the plat of the Properties. Landscaping
and other like improvements which are located within rear yards or side yards enclosed
by a solid fence shall be maintained by the individual Lot Owner. Maintenance services
contracted for by the Board in accordance with this paragraph shall be paid for out of
Association funds.
6.1.4 The services of a person or finn to manage the Association or any separate
portion thereof, to the extent deemed advisable by the Board, and the services of such
other personnel as the Board shall determine to be necessary or proper for the operation
of the Association, whether such personnel are employed directly by the Board or by the
manager.
6.1.5 Legal and accounting services.
6.1.6 Any other materials, supplies, furniture, labor, services, aintenance,
repairs, alterations, taxes or assessments which the Board is required to obtain or pay for
pursuant to the terms of this Declaration or by low or which in its opinion shall be
necessary or proper for the operation or protection of the Association or for the
enforcement of this Declaration.
6.1.7 To execute all declarations of ownership for tax assessment purposes and
to pay all taxes with regard to the Common Properties.
6.1.8 To enter into agreements or contacts with insurance companies, taxing
authorities and the holders of mortgage liens on the individual Lots with respect to: (i)
taxes on the Common Properties, and (ii) insurance coverage of the Common Properties,
as they relate to the assessment, collection and disbursement process envisioned by
Article V hereinabove.
6.1.9 To borrow funds to pay costs of operation secured by assignment or pledge
of rights against delinquent Owners, if the Board sees fit.
6.1.10 To enter into contracts, maintain one or more bank accounts, and
generally, to have all the powers necessary or incidental to the operation and
management of the Association and the Common Properties.
6.1.11 If, as, and when the Board, in its sole discretion, deems necessary it may
take action to protect or defend the Common Properties from loss or damage by suite or
otherwise, to sue or defend in any court of law on behalf of the Association and to
provide adequate reserve for repairs and replacements.
6.1.12 To make reasonable rules and regulations for the operation and use of the
Common Properties and to amend them from time to time, provided that any rule or
regulation may be amended or repealed by an instrument in writing signed by a majority
of the Members, or, with respect to a rule applicable to less than all of the Properties,
by a majority of the Members in the portions affected.
6.1.13 Subsequent to incorporation to make available to each Owner, within one
hundred twenty (120) days after the end of each year, an unaudited annual report.
6.1.14 Pursuant to Article VII herein, to adjust the amount, collect, and use any
insurance proceeds to repair damage or replace lost property; and if proceeds are
insufficient to repair damage or replace lost property, to assess the Members in
proportionate amounts to cover the deficiency.
6.1.15 If, as and when the Board, in its sole discretion, deems necessary it may
take action to enforce the provisions of this Declaration any roles made hereunder and
to enjoin and/or seek damages from any Owner for violation of such provisions or rules.
6.2 Board Powers. From and after the date on which the rights, obligations and/or
title to the Common Properties has been conveyed to the Association, the Board shall have the
exclusive right to contract for all goods, services and insurance, and the exclusive right and
obligation to perform the functions of the Board, except as otherwise provided herein.
6.3 Liability Limitations. Neither any Member nor the Board of Directors (or any
of them) nor the officers (if any) of the Association shall be personally liable for debts
contracted for or otherwise incurred by the Association or for a tort of another Member, whether
such other Member was acting on behalf of the Association or otherwise. Neither the Declarant
nor the Association, its directors, officers, agents or employees shall be liable for any incidental
or consequential damages for failure to inspect any premises, improvements or portions thereof
or for failure to repair or maintain the same. The Declarant, the Association or any other
person, firm or corporation liable to make such repairs or maintenance shall not be liable for
any personal injury or other incidental or consequential damages occasioned by any act or
omission in the repair or maintenance of any premises, improvements or portions thereof.
The Common Properties may be subject to storm water overflow, natural bank
erosion and other natural or man-made events or occurrences to extends which cannot be defined
or controlled. Under no circumstances shall Declarant ever be held liable for any damages or
injuries of any kind or character or nature whatsoever resulting from: (i) the occurrence of any
natural phenomena; (ii) the failure or defect of any structure or structures situated on or within
the Common Properties; and (iii) any act, conduct, omission or behavior of any individual,
group of individuals, entity or enterprise occurring on, within or related to the Common
Properties.
6.4 Reserve Fund. The Board may establish reserve funds, for such purposes as may
be determined by the Board, which may be maintained and accounted for separately from other
funds maintained for annual operating expenses and may establish separate, irrevocable trust
accounts in order to better demonstrate that the amounts deposited therein are capital
contributions and are not net income to the Association. Expenditure from any such fund will
be made at the direction of the Board. The Reserve Fund provided for herein shall be used for
the general purposes of promoting the recreation, health, safety, welfare, common benefit, and
enjoyment of the Owners and occupants of the subdivision, and maintaining the subdivision and
improvements therein, all as may be more specifically authorized from time to time by the Board
of Directors. Capital expenditures from this fund may include by way of example, but not be
limited to, drainage channel improvements or other repair of major damage to the Common
Properties not covered by insurance.
ARTICLE VII
7 INSURANCE, REPAIR AND RESTORATION
7.1 Right to Purchase Insurance. The Association shall have the right and option to
purchase, carry and maintain in force insurance covering any or all portions of the Common
Properties, the improvements thereon and appurtenant thereto, for the interest of the Association
and of all Members thereof, in such amounts and with such endorsements and coverage as shall
be considered good sound insurance coverage for properties similar in construction, location and
use to the Properties. Such insurance may include, but need not be limited to:
7.1.1 Insurance against loss or damage by fire and hazards covered by a standard
extended coverage endorsement in an amount which shall'be equal to the maximum
insurable replacement value, excluding foundation and excavation costs as determined
annually by the insurance carrier.
7.1.2 Public liability and property damage insurance on a broad form basis.
7.1.3 Fidelity bond for all officers and employees of the Association having
control over the receipt or the disbursement of funds in such penal sums as shall be
determined by the Association in accordance with its Bylaws.
7.1.4 Officers and directors liability insurance.
7.2 Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance
carrier to the Association or contractors designated by the Association as the Board of Directors
may direct; provided, however, until such time as the liens securing the Development Loan have
been released as to the Common Properties, a mortgagee's loss payable clause for the benefit
of the lender will be attached to such insurance coverage and the insurance proceeds will be paid
to the Association as provided for in the documents executed in connection with the
Development Loan. 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 Article,
remaining after satisfactory completion of repair and replacement, shall be retained by the
Association as part of a general reserve fund for repair and replacement of the Common
Properties.
7.3 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or
replace any loss or damage, the Association may levy a special assessment as provided for in
Article V of this Declaration to cover the deficiency. If the insurance proceeds are insufficient
to repair or replace any loss or damage for which an Owner is bound hereunder, such Owner
shall, as such Owner's undivided responsibility, pay any excess costs of repair or replacement.
7.4 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 may be paid to the
Association to hold for the payment of costs of repair or replacement, subject to the provisions
of Section 7.2 hereof. 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 mechanic's, materialmen's and similar liens which may
result from said repairs or replacements, are satisfied.
7.5 Destruction of Improvements on Individual Lots. In the event of destruction (total
or partial) to the improvements on any individual Lot due to fire or any other cause each Lot
Owner covenants and agrees to complete all necessary repairs or reconstruction of the damaged
improvements within one (1) year of the date that the damage occurs.
ARTICLE VIH
8 USE OF COMMON PROPERTIES
The Common Properties may be occupied and used as follows:
8.1 Restricted Actions by Owners. No Owner shall permit anything to be done on
or in the Common Properties which would violate any applicable public law or zoning ordinance
or which will result in the cancellation of or increase of any insurance carried by the
Association, or which would be in violation of any law. No waste shall be committed in the
Common Properties.
8.2 Damage to the Common Properties. Each Owner shall be liable to the
Association for any damage to the Common Properties caused by the negligence or willful
misconduct of the Owner or such Owner's family, guests, pets, or invitee.
8.3 Rules of the Board. All Owners and occupants shall abide by any rules and
regulations adopted by the Board. The Board shall have the power to enforce compliance with
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 attorney's fees.
ARTICLE IX
9 USE OF PROPERTIES AND LOTS - PROTECTIVE COVENANTS
The Properties and each Lot situated thereon shall be constructed, developed, occupied
and used as follows:
9.1 Residential Purposes. Each Lot (including land and improvements) shall be used
and occupied for single family residential purposes only. No Owner or other occupant shall use
or occupy such Owner's Lot, or permit the same or any part thereof to be used or occupied, for
any purpose other than as a private single family detached residence for the Owner or such
Owner's tenant and their families and domestic servants employed on the premises. As used
herein the term "single family residential purposes" shall be deemed to prohibit specifically, but
without limitation, the use of any Lot for duplex apartment, or other apartment use.
9.2 Minimum Lot Area. All lots shall contain at least nine thousand (9,000) square
feet. No Lot shall be resubdivided; provided, however, that Declarant shall have and reserves
the right, at any time, or from time to time, upon the joinder and consent of the appropriate
county and/or municipal authorities, and with the joinder and consent of the directly affected Lot
Owners, to file a replat of the Plat to effect a resubdivision or reconfiguration of any Lots in the
Property then owned by Declarant, so long as such replat results in each resubdivided Lot
containing not less than the minimum lot size prescribed by the City of Coppell Development
Code, as applicable. Lot Owners shall not unreasonably withhold or delay their joinder in or
consent to the replat or amendments to the Plat. The privilege to replat Lots owned by the
Declarant reserved in this Section 9.3 shall be exercisable only by Declarant.
9.3 Minimum Floor Space. All floor areas referenced below are for air conditioned
floor area, exclusive of porches, garages, or breezeways attached to the main dwelling. Each
dwelling constructed in the subdivision shall contain the minimum square footages as follows:
9.3.1 All lots shall be a minimum of one thousand, eight hundred
(1,800) square feet.
9.4 Combining Lots. Any person owning two or more adjoining Lots may consolidate
such Lots into a single building location for the purpose of constructing one (1) residential
structure thereon (the plans and specifications therefor being approved as set forth in this
Declaration) and such other improvements as are permitted herein; provided, however, any such
consolidation must comply with the rules, ordinances and regulations of any governmental
authority having jurisdiction over the Properties. In the event of any such consolidation, the
consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of
this Declaration; provided, however, such Owners shall continue to pay assessments on such
Lots as if such Lots had not been consolidated and shall be entitled to one vote for each LOt
(determined prior to such consolidation) owned by such Owner. Any such consolidation shall
give consideration to easements as shown and provided for on the Plat and any required
abandonment or relocation of any such easements shall require the prior written approval of
Declarant as well as the prior written approval of any utility company having the right to the use
of such easements. Combining of portions of Lots into a single building site is prohibited.
9.5 Setback Requirements and Building Location. All front, side, and rear setbacks
must meet the requirements of applicable City of Coppell Ordinances and the requirements of
the Plat of the Properties. The location of the main residence on each Lot and the facing of the
main elevation with respect to nearby streets shall be subject to the approval of the Architectural
Control Committee.
9.6 Height. No building or structure on any Lot shall contain more than two (2)
stories except with the express written permission of the Architectural Control Committee.
However, no building or structure on any Lot shall exceed, in height, the maximum height
allowed by the City of Coppell, such height to be measured and determined in accordance with
the method approved by the City of Coppell.
9.7 Driveways. Each Lot must be accessible to an adjoining street or alley, by a
driveway suitable for such purposes before the residential structure located on any such Lot my
be occupied or used. Driveway location and construction must meet the requirements of
applicable City of Coppell ordinances.
9.8 Access. No driveways or roadways may be constructed on any LOt to provide
access to any adjoining LOt except as expressly provided on the Plat, or otherwise approved by
the Architectural Control Committee.
9.9 Drainage. Neither the Declarant nor its successors or assigns, shall be liable for
any loss of, use of, or damage done to, any shrubbery, trees, flowers, improvements, fences,
sidewalks, driveways, or building of any type or the contents thereof on any Lot caused by any
water levels, rising waters, or drainage waters. After building construction, all Lots will be
graded so that surface water will flow to streets, alleys, or drainage ways.
9.10 Utilities. Each residence situated on a Lot shall be connected to the water and
sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool,
or septic tank shall be placed or maintained upon or in any Lot. However, portable toilets will
be allowed during building construction. The installation and use of any propane, butane, LP
Gas or other gas tank, bottle or cylinder of any type (except portable gas grills), shall require
the prior written approval of the Architectural Control Committee, and, if so approved, the
Architectural Control Committee may require that such tank, bottle or cylinder be installed
underground. Any control boxes, valves, connections, utility risers or refilling or refueling
devices shall be completely landscaped with shrubbery so as to obscure their visibility from the
streets within or adjoining the Properties or from any other LOt.
9.11 Construction Requirements.
9.11.1 The exterior surface of all residential dwellings shall be
constructed of glass, brick, stone, or other materials approved by the Architectural Control
Committee. It is specifically required that the exterior wall area of each residence located within
the Properties shall not have less than eighty percent (80%) brick, brick veneer, stone, stone
veneer or masonry construction. Fireplace chimneys shall be brick or stone masonry when
located on an outside wall. Chimneys located on the interior of the residence may be encased
in wood. The surface area of windows surrounded completely by brick or stone may be
included within the computation of the exterior brick or stone wall area of a residence. No
previously used materials, other than antique brick, shall be permitted on the exterior of the
residential structures located within the Properties.
9.11.2 All roofs shall be constructed of two hundred and forty (240)
pound composition shingles/equivalent or better. The Architectural Control Committee
will only approve roofing materials which are of high grade and quality and which are
consistent with the external design, color and appearance of other improvements within
the subdivision. All roofing materials shall be in compliance in all respects with
applicable City of Coppell ordinances. The roof pitch of any structure shall be six (6)
feet by (12) feet minimum unless otherwise approved by the Architectural Control
Committee.
9.11.3 Installation of all types of exterior items and surfaces such
as address numbers or external ornamentation, mall chutes, and exterior paint and stain,
shall be subject to the approval of the Architectural Control Committee; provided,
however, that prior approval shall not be required for normal replacement or repair
which does not change exterior colors or appearances.
9.11.4 Sidewalks shall be constructed in the public right-of-way
across the front of each Lot. In the case or comer Lots, such sidewalks shall also be
constructed along the side of the Lot. All sidewalks shall be constructed to the City of
Coppell standards for reinforced concrete sidewalks. Sidewalks shall be constructed and
completed before the main residence is occupied.
9.11.5
No above ground-level swimming pools shall be installed on
9.11.6 All exterior construction of the primary residential structure,
garage, porches, and any other appurtenances or appendages, or every kind and character
on any Lot and all interior construction (including, but not limited to, all plumbing
fixtures installed and operational, all cabinet work completed, all interior walls, ceilings,
and doors shall be completed and covered by paint, wallpaper, paneling, or the like, and
all floors covered by wood, carpet, tile or other similar floor covering) shall be
completed not later than one (1) year following the commencement of construction. For
the purposes hereof, the term "commencement of construction" shall be deemed to mean
the date on which the foundation forms are set.
9.11.7 No projections of any type shall be placed or permitted to
remain above the roof of any residential building with the exception of one or more
chimneys and one or more vent stacks, without the written permission of the
Architectural Control Committee.
9.12 Garages. Each residential dwelling erected on any Lot shall provide garage space
for a minimum of two (2) conventional automobiles. All garage doors shall be closed at all
times when not in use. No detached garages or storage rooms shall be permitted on the
Properties unless approved by the Architectural Control Committee. No carport shall be built,
placed, constructed or reconstructed on any Lot. As used herein, the term "carport" shall not
be deemed to include a parte coheres. No garage shall ever be changed, altered, reconstructed
or otherwise converted for any purpose inconsistent with the garaging of automobiles. Parte
coheres must be approved in writing by the Architectural Control Committee. Each garage shall
open only to the rear of the Lot or to the alley abutting such Lot so as not to directly face a
residential street; provided, however, Lots with side alleys may have side entry garages, and
Lots 10-17 or Block D shall have front entry garages.
9.13 Landscaping and Sprinkler System. Weather permitting, each Lot shall be fully
landscaped within one hundred twenty (120) days from the date on which the residence thereon
is ninety-five percent (95 %) complete. Each Lot Owner shall be responsible for maintaining
his own landscaping in a healthy condition.
9.14 Retaining Walls. Retaining walls may be constructed to achieve even grades for
landscaping, pools, driveways or house foundations, any such retaining wall must be uniform
in height with a flow top end must be constructed of compatible masonry materials approved by
the Architectural Control Committee, which shall be consistent with the overall appearance of
the residential dwelling. No railroad ties or landscape timber retaining walls shall be approved
by the Architectural Control Committee.
9.15 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot
without the approval of the Architectural Control Committee and the design of and materials
used in the construction of fences shall be subject to the prior approval of the Architectural
Control Committee. No fence or wall shall be erected, placed or altered on any Lot nearer to
any street than the minimum front building setback line indicated on the recorded plat of the
properties, or as required by the City of Coppell Zoning Ordinance. No fence or wall shall
exceed eight (8) feet in height. Unless otherwise approved by Architectural Control Committee,
no chain link fences or other wire type fences shall be erected on any Lot. All service and
sanitation facilities, clothes lines, wood piles, tool sheds, pool equipment and air conditioning
equipment must be enclosed within fences, walls and/or landscaping so as not to be visible from
the immediate residential street. Upon submission of a written request for same, the
Architectural Control Committee may, from time to time, at its sole discretion, permit Owners
to construct fences or walls which are in variance with the provisions of this paragraph where
in the opinion of the Architectural Control Committee, the fence or wall is an integral part of
the home. No member of the Architectural Control Committee shall be liable to any Owner for
any claims, causes of action, or damages arising out of the grant of any such variance to any
Owner. Each request for a variance submitted under this paragraph shall be reviewed separately
and apart from other such requests and the grant of a variance to an Owner shall not constitute
a waiver of the Architectural Control Committee's right to strictly enforce the restrictions
provided hereunder against any other Owners. Fencing shall be constructed in accordance with
the following restrictions based on the location of such fencing.
9.15.1 General Fencing. Fencing shall be of wood material, provided that
such wood fence is of spruce material or better, has slats four (4) to eight (8)
inches wide which are installed vertically only (not horizontally or diagonally),
is no higher than eight (8) feet. Decorative metal fence may be approved at the
sole discretion of the Architectural Control Committee..
9.15.2 Fences Adjacent to The Common Open Space 11.93 Acres.
All fences adjacent to the common open space shall be constructed of 5' wrought iron
with 4" picket spacing.
9.15.3 Fencing Adjacent to Masonry Screen Wall. No fencing shall be
allowed adjacent and parallel to the masonry screen walls installed by the Declarant,
unless such fencing is separated from the screen wall by an alley. Fencing perpendicular
to the screen wall shall be allowed to enclose rear yards; however, this fence shall not
exceed the height of the screenwall within twenty (20) feet of its connection to the
screenwall.
9.16. Trash Receptacles and Collection. Each Lot Owner shall make or cause to be
made appropriate arrangements with the City of Coppell, Texas, for collection and removal of
garbage and trash on a regular basis . If the Lot Owner fails to make such provisions, the
Association may do so and access the costs thereof to the Lot Owner. Each and every Lot
Owner shall observe and comply with any and all regulations or requirements promulgated by
the City of Coppell and/or the Association, in connection with the storage and removal of trash
and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition.
No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste
matter. All trash, garbage, or waste matter shall be kept in tightly sealed bags or other
containers approved by the City of Coppell which shall be maintained in a clean and sanitary
conditions. A LOt Owner may place trash where designated by the City of Coppell, Texas, only
on those days designated by the City of Coppell, Texas as trash collection days. No LOt shall
be used for open storage of any materials whatsoever, except that new building material used
in the construction of improvements erected on any Lot may be placed upon such Lot at the time
construction is commenced and may be maintained thereon through completion of construction.
No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot.
9.17 Exterior Lighting. Exterior lighting which illuminates adjacent lots shall not be
permitted. Upon being given notice by the Committee that any exterior light is objectionable,
the Owner of the Lot on which same is located will immediately remove said light or shield the
same in such a way that is not longer objectionable. Street lights and the sign lights at the
subdivision entrances are specifically excluded from this restriction.
9.18 Window Coolers. No window or wall type air-conditioners or water cooler shall
be permitted to be used, erected, placed or maintained on or in nay residential building on any
part of the Properties.
9.19 Antenna Restrictions. No radio or television aerial wires or antennas shall be
maintained on the outside of any building nor shall any free standing antennas of any style be
permitted. All radios or television aerial wires or antennas must be built within the main
structure and must not be visible from outside of such structure. Satellite dishes shall be
permitted only if they are not visible from any street, alley, Common Property or adjoining Lot
and do not extend above the height of the fence. Notwithstanding anything mentioned above,
installation of any satellite dish will require the approval of the Architectural Control Committee.
9.20 Temporary Structures and Vehicles. No temporary structure of any kind shall be
erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack,
barn or any other structure or building, other than the residence to be built thereon, shall be
placed on any lot, except for a sale, pre-sale or construction trailer; provided, however, that
Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to
erect, place and maintain such facilities in and upon the Property as in its sole discretion may
be necessary or convenient during the period of and in connection with the sale of Lots,
construction and selling of residences 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 and builders shall also have the
temporary right ot use a residence situated on a Lot as a temporary office or model home during
the period of and in connection with construction and sales operations on the Property, but in
no event shall a builder have such right for a period in excess of one (1) year from the date of
substantial completion of his last residence on the Properties. Any track, bus, boat, boat trailer,
trailer, mobile home, camper or any other vehicle other than conventional automobile shall, if
brought within the Properties, be stored, placed or parked within the garage of the appropriate
LOt Owner and concealed from view by other LOt Owners, unless the Architectural Control
Committee, in its sole discretion, directs otherwise.
9.21 Parking. On-street parking is restricted to approved deliveries, pick-up or short-
time guests and invitees and shall be subject to such reasonable rules and regulations as shall be
adopted by the Board of Directors. Parking in driveways is permitted.
9.22 Signs. No sign or signs shall be displayed to the public without the prior approval
of the Architectural Control Committee, except that: (1) Declarant may erect and maintain a sign
or sings deemed reasonable and necessary for the construction, development, operation,
promotion and sale of the Lots; (2) any builder, during the applicable initial construction and
sales period, may utilize one professional sign, per Lot for advertising and sales purposes,
provided that such sign must conform to City of Coppell Ordinances; (3) thereafter, a dignified
"for sale" or "for rent" sign (of not more than nine (9) square feet in size) may be utilized by
the Owner of the respective Lot for the applicable sale or rent situation; (4) development-related
signs owned or erected by Declarant shall be permitted, and (5) signs displaying the name of a
security company shall be permitted, provided that such signs are (i) ground mounted, (ii)
limited to two (2) in number (one in the front yard and one in the back yard); and (iii) of a
reasonable size, Notwithstanding anything herein contained to the contrary, any and all signs,
if allowed, shall comply with all sign standards of the City of Coppell, Texas, as such standards
may be applicable to the Properties.
9.23 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot
is prohibited, except as necessary in conjunction with landscaping or construction of
improvements thereon. Minimum finished floor elevations established on the Plat shall be
maintained. Any excess dirt generated from construction of the dwelling or landscape
construction (i.e. pools) shall be removed from the Properties. The Association may at its sole
discretion permit excess soil to be disposed of on the Properties providing, however, that
approval by the Association shall be in writing.
If, in the opinion of the Association, an Owner or occupam has violated this provision,
then the Association may give such person written notice of such violation and such person
must, within ten (10) days after receiving such notice, remove excess soil from the Properties
to make arrangements with the Association for removal of excess soil from the Properties.
should any such person fail to fulfill this duty and responsibility within such period, then the
Association, through its authorized agents, shall have the right and power to enter onto the
premises and perform such removal without any liability for damages for wrongful entry,
trespass or otherwise to any person. The Owners and occupants (including lessees) any part of
the Properties on which such work is performed shall jointly and severally be liable for the cost
of such work (such costs constituting a special individual assessment as specified in Section 5.5.2
hereof) and shall promptly reimburse the Association for such costs. If such Owner or occupant
shall fail to reimburse the Association within thirty days (30) days after receipt of a statement
for such work from the Association, then said indebtedness shall be adept of all sail persons
jointly and severally, and shall constitute a lien against that portion of the Properties on which
said work was performed. Such lien shall have the same attributes as the lien for assessments
and special assessments set forth int his Declaration and shall be subordinate to any mortgage
or deed of trust in accordance with Section 5.10 hereof; and the Association shall have the
identical powers and right in all respects, including but not limited to the right of foreclosure.
9.24 Drilling and Mining Operations. No oil drilling, water drilling or development
operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or
in any Lot, nor shall oil wells, water wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in any Lot. no derrick or other structure designed for use in boring for oil,
natural gas or water shall be erected, maintained or permitted upon any Lot.
9.25 Offensive Activities. No noxious or offensive activity shall be conducted on any
Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to
the other Lot Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept
on any Lot, except that dogs, cats or other household pets (not to exceed four (4) adult animals)
may be kept, provided that they are not kept, bred or maintained for commercial purposes.
9.26 Duty of Maintenance.
9.26.1 Owners and occupants (including lessees) of any LOt shall jointly and
severally have the duty and responsibility, at their sole cost and expense, to keep the LOt
so owned or occupied, including buildings, improvements, grounds or drainage
easements or other right-of-ways incident thereto, and vacant land, in a well-maintained,
safe, clean and attractive condition at all times. Such maintenance includes, but is not
limited to, the following;
9.26.1.1
9.26.1.2
9.26.1.3
9.26.1.4
9.26.1.5
Prompt removal of all liter, trash, refuse and waste;
Lawn mowing on a regular basis
Tree and shrub pruning;
Watering landscaped areas;
Keeping exterior lighting and maintenance facilities in
working order;
9.26.1.6
9.26.1.7
9.26.1.8
9.26.1.9
9.26.1.10
9.26.1.11
Keeping lawn and garden areas alive, free of weeds, and
atractive;
Keeping parking area and driveways in good repair;
Complying wiht all governmental health and police
requirements;
Repair of exterior damages to improvements;
Cleaning and maintaining of landscape areas lying between
street curbs and Lot lines, unless such streets or landscaped
areas are expressly designated to be Common Properties
maintained by applicable governmental authorities or the
Association; and
Repainting of improvements.
9.26.2 If, in the opinion of the Association, any such Owner or occupant
has failed in any of the foregoing dutiies or responsibilities, then the Association may
give such person written notice of such failure and such personmust within ten (10) days
after receiving such notice, perform the repairs and maintenance or make arrangements
with the Association for making the repairs and maintenance required. Should any such
person fail to fulfill this duty and responsibility within such period, then the Association,
through its authorized agent or agents, shall have the right and power to enter onto the
premises and perform such repair and maintainence without any liability for damages for
wrongful entry, trespass or otherwise to any person. The Owners and occupants
(including lessees) of any part of the Properties on which such work is performed shall
jointly and severally be liable for the cost of such work (such costs constituting a special
individual assessemnt sa specified in Section 5.5.2 hereof and shall promplty reimburse
the Association for such cost. If such Owner or occupant shall fial to reimburse the
Associaton within thrity (30) days after receipt of a statemetn for such work fromt he
Association, then said indebtedness shall be a debt of all said personsl jointly and
sevcerally, and shall consititute a lien against that portion of the Properties on which said
work was performed. Such lien shall have the same attributes as the lien for assessments
and special assessemnts set forth in this Declaration and shall be subordinate to any
mortgage or deed of trust in accordance with Section 5.10 hereof; and the Assocation
shall have the identical powers and rights in all respects, including but not limited to the
right of foreclosure.
9.26.3 Notwithstanding the provisions of Section 9.27 above, if, at any
time, an Owner of any Lot shall fail to control weeds, grass and/or other unsightly
growth, the Associaiton shall have the authority and right to go onto said Lot for the
purpose of mowing and cleaning said Lot and shall have the authority and right to assess
and collect from the Owner of said Lot a sum up to Five Hundred and No/100 Dollars
($500.00) for mowing or cleaning said Lot on each respective occasion of such mowing
or cleaning. If, at any time, weeds or other unsightly growth on the Lot exceed six
inches (6") in height, the Association shall have the right and authority to mow and clean
the Lot, as aforesaid. The assessments, together with such interest thereon and costs fo
collection thereof, shall be a charge on the land and shall be a continuing lien upon each
Lot against which each such assessment is made. Each such assessment, together with
such interest thereon and cost of collection thereof, shall also be the continuing peronal
obligation of the person who was the Owner of ushc Lot at the time when the assessment
occurred. Each and every Owner of any Lot, by the acceptance of a deed or other
conveyance of such Lot shall thereby covenant and agree to pay such assessments. The
lien securing any such assessment shall be subordinate and inferior to the lein of any
mortgage or deed of trust in accordance with Section 5.10 hereof.
9.27 Maintenance of Common Properties. The Common Properties (including
landscaping comprising portions of the Common Properties) are described, in part, on Exhibit
"B" attached hereto. All landscaping and improvements placed or erected on the properties by
Declarant and identified on Exhibit "B" shall be maintained by the Association.
ARTICLE X
10 ARCHITECTURAL CONTROL COMMITTEE
10.1 Architectural Control Committee. The Architectural Contraol Committee,
hereinafter called "the Committee", shall be composed of three (3) individuals selected and
appointed by the Declarant. The Committee shall function as the representative of the Owners
of the Lots for the purposes herein set forth as well as for all other purposes consistent with the
creation and preservation of a fa'st-class residential development.
A majority of the Committee may designate a representative to act for it. In the event
of the death or resignation of any member of the Committee, the remianing members shall have
full authority to designate and appoint a successor. Each member of the Committee, or its
designated representative, shall neither be entitled to any compensation for services performed
hereunder nor be liable for claims, cuases of action or damages (except where occassioned by
gross negligence or artbitrary and capricious conduc0 arising out of services performed pursuant
to this covenant. At any time, the Declarant may delegate and assign to the Board of Directors,
all of the Declarant's power and right to change the membership of the Committee, to withdraw
or add powers and duties from or to the Committee, or to restore the powers and duties of the
Committee. Such action by the Declarant shall be effective upon recordation of a written
instrument property reflecting same.
10.2 Architectural Approval. No building, structure, paving or impvement an any
nature shall be erected, placed or altered on any LOt until the plot plan showing the location of
such building, structure, paving or improvement, construction plans and specifications thereof
and landscaping and grading plans threfor have been submitted to and appvoed in writing by the
Committee as to: (i) location with respect to Lot lines and finished grades with respect to
existing topography, (ii) basic conformity and harmony of external design, color, and texture
with existing structures and existing landscaping, (iii) quality of materials; adequacy of site
dimensions; proper facing of main elevation with respect to nearby streets; and (iv) the other
standards set forth within this Declaration. The Committee is authorized to request the
submission of samples of proposed construction materials or colors of propsed exterior surfaces.
Final plans and specifications shall be submitted in duplicate to the Committee for
approval or disapproval. At such time as the plans and specificatiOns meet the approval of the
Committee one complete set of plans and specifications will be retained by the COmmittee and
the other complete set of plans will be marked "Approved" and returned to the Lot Owner. If
found not to be in compliance with these Covenants and Restrictions, one set of such plans and
specifications shall be returned marked "Disapproved", accompanied by a reasonable statement
of items found not to comply with these Covenants and Restrictions. Any modification or
change to the approved set of plans and specification which materially affects itmes (i) through
(iv) of the preceeding paragraph must agian be submitted to the Committee, for its inspection
and approval. The Committee's approval or disapproval as required herein shall be in writing.
If the COmmitte, or its designated representative, fails to approve or disapprove such plans and
specifications within thirty (30) days after they have been submitted to it, then Committee
approval shall be presumed.
The Committee is authorized and empowered to consider and review any and all aspects
of dwelling construction, construction of other improvements and location, quality and qauntity
of landscaping on the Lots, and may disapprove aspects thereof which may, in the reasonable
opinion of the Committee, adversely affect the living enjoyment of one or more Lot Owner(s)
or general value of the Properties. As an example, and not be way of limitation, the Committee
may impose limits upon the location of window areas of one residnetial dwelling which would
overlood the enclosed patio area of an adjacent residential dwelling. Also, the Committee is
permitted to consider technological advances in design and materials and such comparable or
alternative techniques, methods or materials may or may not be permitted, in accordance with
the reasonable opinion of the Committee. The Committee may, from time to time, publish and
promulgate architectural standards bulletins; such bulletins shall supplement these Covenants and
Restrictions and are incorporated herein by reference. The Committee shall have the authority
to make final decisions in interpreting the general lintent, effect and purpose of these Covenants
and Restrictions.
10.3 Variances. Upon submissions of a written request for same, the Committee may,
from time to time, in its sole discretion, permit Lot Owners to construct, erect, or install
improvements which are in variance from the architectural standards, these Covenenants and
Restrictions, or previously published architectural bulletins which are provided in this
Declaration or which may be promulgated in the future. In any case, such variances shall be
in basic conformity with and shall blend effectively with the general architectural style and
design of this community. No member of the Committee shall be liable to any Lot Owner for
any claims, cuases of action, or damages arising out ot the grand of any variance to a LOt
Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart
from other such requests, and grant of a variance to any Lot Owner shall not constitute a wiver
of the Committee's right to strictly enforce the Covenants and Restrictions and architectural
standards provided hereunder against any other LOt Owner.
10.4 Nonconforming and Unapproved Improvements. The Association may require
any Owner to restore such Owner's improvements to the condition existing prior to the
construction thereof (including, without limitation, the demolition and removal of any
unapproved improvements) is such improvements were commenced or constructed in violation
of this Declaraion. In addition, the Association may, but has no obligation to do so, cause such
restoration, demolition and removal and levy the amount of the cost thereof as a special
individual assessment against the Lot upon which such improvements were commenced or
constructed.
10.5 No Liability. Neither Declarant, the Association the Committee, the Board, nor
the officers, directors, members, employees or agents of any of them, shall be liable in damages
to anyone submitting plans and specificatiosn to any of them for approval, or to any Owner of
property affected by these Covenants and Restrictions by reason of mistake in judgement,
negligence, or nonfeasance arising out of or in connection with the approval or disapproval or
failure to approve or disapprove any such plans or specifications.. Every person who submits
plans or specifications and every Owner agrees that he will not bring any action or suit against
Declarant, the Association, the Committee, the Board, or the officers, directors, members,
employees or agents or any of them, to recover any such damages and hereby releases, remises,
and quitclaims all claims, demands and causes of action arising our of or in conecction with any
judgment, negligence or nonfeasance and hereby waives the provisions of any law which
provides that a general release does not extend to cliams, demands and causes of action not
known at the time the release is given. Plans and specifications are not approved for engineering
or structural design or adequacy of materials, and by approving such plans and specifications
neither the Committee, the members thereof, the Declarant nor the Association assumes liablity
or responsibility therefore, nor for any defect in any structure constructed from such plans and
specifications.
ARTICLE XI
11 EASEMENTS
11.1 Ingress and Egress by the Association. Full rights of ingress and egress shall be
had by the Associaiton at all times over and upon each Lot for the maintenance and repair of
each Lot and the Common Properties in accordance with the provisions hereof; and for the
carrying out by the Association of its funcitons, duties and obligations hereunder; provided, that
any such entry by the Association upon any Lot shall be made with as little invonvenience to the
Owner as practical, and any damage cuased by the Association's entry, other than damages
caused by the Owner, shall be reparied by the Association at the expense of the Association.
11.2 General. The rights and duties of the Owners of Lots within the Property with
respect to sanitary sewer, water, electricity, telephone and cable television lines and drainage
facilities shall be governed by the following;
11.2.1 Wherever sanitary sewer and/or water service connections, natural
gas, electricity, telephone or cable television lines or drainage facilities are installed
within the Properties, which connection lines or faiclities or any poriton thereof lie in or
upon Lots owned by any party other than the Onwer of a Lot served by said connections,
lines or facilities, such Owners of Lots served shall have the right, and are hereby
granted an easement to the full extenet necessary thereofre, to enter upon the Lots within
the Property within or upon whichs aid connections, lines, or facilties or any portion
therof lie to repair, replace and generally maintain said connectiosn as and when the
same may be necessary.
11.2.2 Wherever sanitary sewer and/or water serivce connections, natural
gas, electicity, telephone or cable television lines or drainage faiclities are installed
within the Property, which connections serve more than one Lot, the Onwer of each Lot
servied by said connecitons shall be entitled to the fulluse and enjoyment of such portions
of said connecitons which service such Owner's LOts.
11.3 Reservation of Easements. Easements over the Lots and Common Properties for
the installation and maintenance of electric, telephoone, cable television, water, natural gas and
sanitary sewer lines and drainage facilities are hereby reserved by Declarant, together with the
right to grant and transfer same.
11.4 Surface Areas of Utility Easements. Easements for installations and maintenance
of utilities are reserved as shown and provided for on the Plat. Underground electric, natural
gas and telephone service shall be available to all Lots in the subdivision. Easements for the
underground service may be corssed by driveways, walkways, patios, brick walls, and fences,
provided the Declarant or builder makes prior arrrangements with the utility companies
furnishing electric, natural gas and telephone serive and provides and isntalls nay necessary
conduit of approved type and size under such driveways, walkways, .patios, brick walls or fences
prior to construction thereof. Such easements for the underground service shall be kept clear
of all other improvements, and neither the grantee nor any utility company using the easements
shall be liable for any damage done by either of them or their assigns, agents, employees or
servants, to shurbbery, trees, flowers or other improvements (other than for damages caused in
crossing driveways, walkways, patios, brick walls or fences, providing conduit has been installed
as outlines above) of the Owner located on the Lot covered by said easements.
11.5 Universal Easements. E ach Lot and its Owenr within the Properties is hereby
declared to have an easement not to exceed one (1) foot in width, and the same is hereby granted
to Declarant, over all adjoining LOts and Common Properties for the purpose fo accommodating
any encroachment due to engineering errors, errors in origninal construction, settlement or
shifting of the builidng or any other cause. There shall be easements for the maintenance of said
encroachement, settlign or shifting; provided, however, that in no event shall an easement for
encroachment be created in favor of an Owner or Owners if said encroachement occurred due
to willful misconduct of said Owner or Owners. Each of the easements hereinabove referred
to shall be deemed to be established upon the recordation of this Declaration and shall be
appurtecant to the Lot being serviced and shall pass with each conveyance of said Lot.
11.6 Screen Wall Easement and Landscape Easement. Easements have been established
onthe plats for the maintenance and repari of the perimeter screening walls and the associated
landscape and irrigation. Lot Owners shall not alter, paint or otherise use such walls even
though such walls and easements may be located on or adjacem to such Owner's Lot. It is the
responsibility of individual Lot Owners to maintain landscapiong within this easement which is
enclosed by the wall on their respective Lots, as described in Paragraph 6.1.3, however, the
Association retains the right to enter upon the Properties and perform such maintenance as it
deems necessary.
ARTICLE XH
12 GENERAL PROVISIONS
12.1 Duration. The Covenants 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 Owenr of any land subject to this Declaration, their respective legal
representative, heirs, successors and assigns, for a term of thirty-five (35) years from the date
that this Declaration if recorded in the office of the County Clerk of Dallas County, Texas, after
which time said Covenants and Restrictiosn shall be automatically extended for successive
periods of ten (10) years unelss an instrument is signed by the Members entitled to cast seventy
percent (70%) 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 these Covenants 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.
12.2 Amendments. Notwithstanding Section 12.01 of this Article these Covenants and
Restrictions may be amended and/or changed in part as follows;
12.2.1 during the ten (10) year period immediately following the date of
recordation of these Covenams and Restrictions, the Declarant may amend or change
these Covenants and Restrictions with the consent of at least fifty-one percent (51%) of
a quorum of the outstanding votes of all Members of the Association, regardless of class;
12.2.2 in all other situations, these Covenants and Restrictions may be amended
or changed upon the express written consent of at least seventy percent (70%) of a quorum of
the outstanding votes of each membership class of the Association.
Any and all amendments, if any, shall be recorded in the office of the County Clerk of
Dallas County, Texas. Notwithstanding the prior provisions of this Section 12.2, 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 or typographical errors or for clarfication
only.
12.3 Enforcement. Enforcement of these Covenants and Restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
them, or to recover damages, or to enforce any lien created by these Covenants and Restrictions;
and failure by the Association or any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter
12.4 Severability. Invalidation of any one these Covenants or Restrictions by
judgement or court order shall in no wise affect any other provision which shall remain in full
force and effect.
12.5 Headings. The headings in this Declaration are for reference purposes only and
shall not if any way affects the meaning or interpretation of this Declaration .....
12.6 Notices to Members/Owner. Any notice required to be given to any Member or
Owner 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 Owner on the records of the Association at the time
of such mailing.
12.7 Notices to Mortgagees. If a holder of a mortgage on a Lot shall notify the
Associaiton of its address and the identity of the Lot and Owner covered by and granting such
mortagage, then such holder(s) shall be entitled to receive, written notification from the
Association of any default by the respective morgagor/Member/Owner in the performance of
such mortgagor's/Member's/Owner's obligation(s) as established by this Declaration
12.8 Disputes. Matters of dispute or disagreemetn between Owenrs 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.
12.9 Termination of and Responsbility of Declarant. If Declarant shall convey all of
its right, title and interest in and to the Property and assign all its rights, benefits and obligations
as Declarant hereunder to any partnership, individual or individuals, corporation or corporations,
then and in such event Declarant shall be releived of the performance of any further duty or
obligation hereunder, and such partnerhsip, individual or individuals, corporation or corporations
shall be obligated to perform all such duties and obligations of the Declarant.
IN WITNESS WHEREOF, JIM SOWELL CONSTRUCTION CO., INC., a
Texas Corporation, being the Declarant herein, has caused this instrument to be executed as of
the ~ day of , 1994.
By:
Name: Stephen L. Brown
Title: President
Approval of Lien Holder:
COMBINED MASTER RETIREMENT TRUST
By:
Name:
Title:
Date:
STATE OF TEXAS
)(
COUNTY OF DALLAS
)(
Before me the undersigned authority, a Notary Public in and for the said State of Texas,
on this day personally appeared Stephen L. Brown , an
authorized representative of Jim Sowell Construction, Co., Inc., known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same of the purpose and in the capacity therein expressed, and the capacity therein stated
and as the act and deed of such corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
, 1994.
day of
NOTARY PUBLIC, STATE OF TEXAS
STATE OF TEXAS
)(
COUNTY OF DALLAS
)(
Before me the undersigned authority, a Notary Public in and for the said State of Texas,
on this day personally appeared , an
authorized representative of ~
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same of the purpose and in the capacity therein expressed, and the
capacity therein stated and as the act and deed of such corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the
, 1994.
day of
NOTARY PUBLIC, STATE OF TEXAS
EXHIBIT "A"
LEGAL DESCRIPTION
62.45 ACRES
BEING is the owner of a tract of land situated in the Thomas L. Holland Survey, Abstract No.
624, City of Coppell, Dallas County, Texas, the subject tract being all of Lots 1, 2, 3 and 4,
Block 1 of Village of Cottonwood Creek - Section II, an addition to the City of Coppell, Texas,
as field for record December 5, 1985, in the Dallas County Deed Records and being more
particularly described as follows;
BEGINNING at the intersection of the North line of Parkway Boulevard (an 85' ROW) with
the East line of Coppell Road (a 110' ROW), a 1/2" iron pin found at corner;
THENCE, N 00° 11' 42" W, along the said Coppell Road East line a distance of 490.00 feet,
a 1/2" iron pin found at comer;
THENCE, S 89° 50' 41" E, a distance of 1260.35 feet, a 1/2" iron pin found at comer;
THENCE, N 00° 18' 06" W, a distance of 1336.98 feet, a 1/2" iron pin found at comer;
THENCE, S 89° 53' 57" E, a distance of 1386.08 feet, a 1/2" iron pin found at corner;
THENCE, S 00° 11' 49" E, a distance of 1182.50 feet, a 1/2" iron pin found at comer;
THENCE, Along the Northerly line of aforementioned Parkway Boulevard the following;
Around a non-tangent curve to the Left having a central angle of 52° 19' 50", a
radius of 862.50 feet, a chord bearing of S 63° 38' 16" W, and an arc distance
of 878.76 feet, a 1/2" iron pin found at comer;
Around a reverse curve to the Right having a central angle of 52° 40' 58", a
radius of 777.50 feet, a chord bearing of S 63 o 48' 50" W, and an arc distance
of 714.90 feet, a 1/2" iron pin found at comer;
S 89° 50' 41" E, a distance of 1341.06 feet to the PLACE OF BEGINNING and
containing 2,720,261 square feet or 62.4486 acres of land.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
VILLAGE AT COTTONWOOD CREEK, SECTION VI, COPPELL, TEXAS
The intent of this exhibit is to idemify Common Properties and to clarify the limits of
responsibility of the Association for maintenance of the Common Properties. Improvements
which are to be owned or maintained by the Association specifically exclude sidewalks, street
signs, traffic control devices or any other facility owned or operated by the City of Coppell or
public utility companies.
Approximately 11.93 acres of land shown as "Floodway Easement/Common Area" on
the plat of the Properties shall be owned and maintained by the Association.
Landscape and irrigation improvements on the North side of Parkway Boulevard between
this curb line and the right-of-way along the entire plat boundary shall be maintained by
the Association.
Landscape and irrigation improvements on the east side of Coppell Road shall be
maintained by the Association. The western most limits of required maintenance shall
be the east bank of the bar ditch or the east curb line of Coppell Road after it has been
constructed to its ultimate width.
Masonry screen walls or adjacent to the areas noted above shall be maintained by the
Association. The screen wall easements shown on the plat of the Properties are to
provide access to the Association for the purpose of maintenance or repair. The
Association shall not be responsible for maintenance or repair of any improvements
within this easemem area other than the screen wall itself.
Masonry columns, ornamental metal fencing, landscape and irrigation improvements,
within the landscape easements shown on the plat of the Properties shall be maintained
by the Association.
The areas of maintenance by the Association are subject to change as provided for in the
covenants and restrictions.