Vistas of C P2A/FP-CS 970304CENTEX
HOMES
March 4, 1997
Mr. Gary L. Sieb
Director of Planning and Community Services
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, TX 75019
Vistas of Coppell, Phase 2A
Final Plat
Dear Gary:
I received your letter of February 24, 1997 and appreciate the City's flexibility in the filing of the
Final Plat for Vistas of Coppell. As you requested, I would like to verify that Centex recognizes
that no Certificates of Occupancy will be issued nor occupancy by permanent residents will be
allowed before the HOA Covenants and Restrictions have been approved by the City Attorney.
The initial draft copy of the Covenants & Restriction will be a~the City Attorney's office no later
than March 10, 1997.
For your information only, I have attached the mark-up of the Covenants & Restrictions which
are currently being typed by our attorney. I enclose these to demonstrate to you that the
documents are being processed. I see no problem with submittal by the agreed date.
Thanks again for your patience.
Sincerely,
CENTEX HOMES
Derek E. Earle, P.E.
Land Development Manager
Dallas North Division
attachments
1660 S, Stemrnons Frwy., Suite 230 / Lewisville, Texas 75067 / 214-221-5556
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE Vistas of Coppell
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the
"Declaration") is made on the date hereinafter set forth by CENTEX HOMES, a Nevada general
partnership, hereinafter referred to as the "Declarant."
WITNESSETH
Oill~$ .... it"A"
WHEREAS, Declarant owns certain real property in Dallas County, Texas, described on ~
attached hereto; and ~/t'S~'~$ O~
II WHEREAS, Declarant desires to create an exclusive planned community known as Vistas of
Coppell on the land described on Exhibit "A.' and such other land as may be added thereto pursuant
to the terms and provisions of this Declaration;
NOW THEREFORE, Declarant declares that the Property (as hereinafter de£med) will be held, sold
an~l aon. veyed subject to the restrictions, covenants and conditions declared below, which will be deemed to
be covenants running with the land and imposed on and intended to benefit and burden each Lot (as hereinafter
defined) and other portions of the Property in order to maintain within the Property a planned community of
high,, stun. dards. Such covenants will be binding on all parties having any right, title or interest therein or any
part'the~of, their respective heirs, personal representatives, successors and assigns, and will inUre to the
,benefit of each Owner (as hereinafter de£med) thereof. .
ARTICLE I
DEFINITIONS
Section 1.1. "Association" will mean The Vistas of Coppell Homeowners Association, Inc.,
a Texas nonprofit corporation established for the purposes set forth herein.
.Section 1.2 "Builder" will mean Centex Homes and any other residential building company
acquiring Lots from the Declarant for the purpose of construction and sale of homes.
Section 1.3 "City" will mean the City of Coppell, DallasCounty, Texas.
S___~ection 1.4 Common Areas will mean that portion of the P. ropert~ including any
improvements thereon, conveyed to the Association/free and clear of eneumbranees~ommon use~ ~.~
benefit of the oWner~,· The Common Areas to be owned by the Association at the time of(or soon after) the ~
conveyance of the f'u-st Lot to a Class A member are described on Exhibit "B" attached hereto. ~
Section 1.5 "Common Maintenance Areas" will mean the Common Areas, if any, and any areas
within public fights-of-way, easements (public and private), public parks, private streets, or landscaping that
the Board of Directors of the Association deems necessary or appropriate to maintain for the Common benefit
Declaration of Covenants, Conditions and Restrictions - Page 1
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of the members which may include, but will not be limited to, those areas described on Exhibit "C" attached
hereto.
Section 1.6 "Declarant" will mean Centex Homes and its successors and assigns who are
designated as such in writing by Declarant, and who consent in writing to assume the duties and obligations
of the Declarant with respect to the Lots acquired by such successor or assign.
Section 1.7 "Declaration" will mean this Declaration of Covenants, Conditions and Restrictions
for Th,~ L,.~ci~a :,_f.'.'~:K"~':cy, and any amendments and supplements thereto made in accordance with its
terms V,~,:f~$ o4 C~t}~I
Section 1.8 "Lot" will mean any of the plots of land indicated upon the recorded subdivision map
of the Property or any part thereof creating single-family homesites, but only if the plot of land has in plaee
an infrastructure (including utilities and streets) necessary to allow construction of a single family home.
Common Area and areas deeded to a governmental authority or utility, together with all improvements thereon,
shall not be included as part of a Lot.
Section 1.9 "Owner" will mean the record owner, whether one or more persons or entities, of
fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security
for the performance of an obligation, c..ndl~..ff.~J~l
; -
· Section 1.10 "Plat" will mean the Final Platsof T-?_
'~' .~' ..$. ection 1.11 "Property" will mean the real property described on Exhibit "A," and such additions
,thereto as may be brought within the jurisdiction of the Associat!on and be made subject to this Declaration.
' ' Section 1.12 "Unit" will mean any residential dwelling situated upon any Lot.
ARTICLE II
THE ~ ............ ----- ......HOMEOWNERS ASSOCIATION, INC.
Section 2.1 Membership. The Declarant and every Owner of a Lot by virtue of ownership of
such Lot will be a member of the Association. Membership will be appurtenant to and will not be separated
from ownership of any Lot. There will be 2 classes of membership: Class A and Class B, being more
particularly described in Section 2.6.
Section 2.2 Funding. Subject to the terms of this Article II, the Declarant for each Lot owned
within the Property hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether
or not it will be so expressed in such deed, is deemed to covenant and agrees to pay to the Association: (a)
regular assessments'0r, charges, and (b) special assessments for capital improvements to the Common Areas,
such assessments to be established and collected as hereinafter provided. Such assessments will remain
effective for the full term (and extended term, if applicable) of the covenants contained herein. The regular
and special assessments, together with interest, costs, and reasonable attorney's fees, will be a charge on the
land and will be a continuing lien upon the Lot against which each such assessment is made. Each such
assessment, together with interest, costs and reasonable attorney's fees, will also be the personal obligation of
Declaration of Covenants, Conditions and Restrictions - Page 2
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the person who was the Owner of such property at the 'time when the assessment fell due. The personal
obligation for delinquent assessments will not pass to the successors in title of such Owner unless expressly
assumed by them in writing.
Section 2.3 Regular Assessment or Charge.
(a) Units Owned by Class A Members. Subject to the terms of~,,ja Article,
each improved Lot is hereby subject to an-initial maximum maintenance charge of $30.00-per month
(until such maintenance charge will be modified as provided in the By-laws of the Association), for
the purpose of creating a fund to be designated and known as the "maintenance fund," which
maintenance charge and assessment will be paid by the Owner of each such Lot in advance in
monthly, quarterly or annual installments, commencing as to all Lots on which an occupied Unit is
then located on the conveyance of the first Lot to a Class A member and as to all other Lots as of the
occupancy or sale (whichever is earlier) ora Unit thereon. The regular assessment for unimproved
Lots will be one-fourth (1/4) the regular assessment for improved Lots. A Lot will be deemed to be
an "improved Lot" when construction of a Unit thereon is completed and closing ora sale thereof
has taken place, or when the Unit is occupied as a residence, whichever first occurs. The rate at which
each Lot will be assessed, and whether such assessment wi~;~p~n~.nthly, quarterly or
annually, will be determined by the Board of Directors of'l~z E_a~_,ao-~-r~w~v:~..y Homeowners
Association, Inc. (the "Board of Directors"), at least 30 days in advance of each assessment period.
Said rate may be adjusted within the limit permitted by the By-laws from time to time by the Board
· of Directors as the needs of the Association may, in the judgment of the Board of Directors, require.
The assessment for each Lot will be uniform except as provided in subsection (b) of this Section 2.3.
The Association will, upon written demand and for a reasonable charge, furnish a certificate signed
.~'/b,y an officer of the Association setting forth whether or not the assessment has been paid for the
assessment period.
(b) Units on Lots Owned by Declarant. Notwithstanding the foregoing, the
Declarant and any Builder owning unimproved Lots or Units that are not occupied will pay
assessments at the rate of one-fourth (1/4) the regular maintenance assessment charged to Owners so
long as there is a Class B membership as set forth in Section 2.6, and Declarant hereby covenants and
agrees that if the annual maintenance fund revenues are insufficient to pay the operating expenses of
the Association, it will provide the funds necessary to make up the deficit, within 30 days of receipt
of request for payment thereof from the Association, provided that if the deficit is the result of the
failure or refusal of an Owner or Owners to pay their regular or special maintenance assessments, the
Association will diligently pursue all available remedies against such defaulting Owners, including
the immediate institution of litigation to recover the unpaid assessments, and will reimburse the
Declarant the amounts, if any, So collected. In the alternative, Declarant will have the right to pay full
Class A assessments on its Lots without thereby relinquishing its Class B status and will then be
excused from the payment of any budget deficits.
- (c) Purposes of Maintenance Fund· The Association will establish a
maintenance fUnd composed of regular maintenance assessments and will use the proceeds of such
fund in providing for normal, recurring maintenance charges for the Common Maintenance Areas for
the use and benefit of all members of the Association. Such uses and benefits to be provided by the
Association may include, by way of clarification and not limitation, any and all of the following:
normal, recurring maintenance of the Common Maintenance Areas (including, but not_limited to,
Declaration of Covenants, Conditions and Restrictions - Page 3
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mowing, edging, watering, clipping, s~eeping, pruning, raking, and otherwise caring for landscaping)
and the improvements to such Common Maintenance Areas, such as sprinkler systems, provided that
the Association will have no obligation (except as expressly provided hereinafter) to make capital
improvements to the Common Maintenance Areas; perpetual maintenance and enhancement for
fences, columns, signage, walls, grounds, landscaping, lights; payment of all legal and other expenses
incurred in connection with the enforcement of all recorded covenants, restrictions and conditions
affecting the property to which the maintenance fired applies; payment of all reasonable and necessary .
expenses in connection with the collection and administration of the maintenance charge and
assessment; employment of policemen and watchmen, if any; earing for vacant Lots;'and doing any
other thing or things necessary or desirable in the opinion of the Board of Directors to keep the
Property neat and in good order,.or which is considered of general benefit to the Owners or occupants
of the Property, it being understood that the judgment of the Board of Directors in the expenditure of
said funds and the determination of what constitutes normal, recurring maintenance will be f'mai and
conclusive so long as such judgment is exercised in good faith. The Association will, in addition,
establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement
of improvements to the Common Maintenance Area The fund will be established and maintained out
of regular assessments and, where applicable, special assessments.
Section 2.4 Non-payment of Assessmentsl Remedies of the Association. Any assessment not
paid within 10 days after the due date will bear interest from the due date at the highest rate of interest allowed
by ~I'e.x.as law, as mended from time to time. The Association will have the authority to impose late charges
to comlSensate for the administrative and processing costs of late payments on such terms as it may establish
by duly adopted resolutions, and the Association may bring an action at law against the Owner personally
obligated to pay the same. No Owner may waive or otherwise escape liability for the assessments provided
for l~ev6'/m, by non-use of the Common Maintenance Area or abandonment of his property.
' ' ~ih'ar Section 2.5 Subordinated Lien to Secure Pawnent.., To secure the payment °fthe maintenance
ge and assessment established hereby and to be levied on individual Lots as above provided, there is
hereby reserved a lien for the benefit of the Association, said lien to be enforceable through appropriate
proceedings at law or in equity by such beneficiary; provided, however, that each such lien will be specifically
made secondary, subordinate and inferior to all liens, present and future, given, granted, and created by or at
the instance and request of the Owner of any such Lot to secure the payment of mo_nies _advanced or to be
advanced on account of the purchase price and/or the improvement of any such Lot; and further provided that
as a condition precedent to any proceeding to enforce such lien upon any Lot upon which there is an
outstanding valid and subsisting fast mortgage lien, said beneficiary will give the holder of such first mortgage
lien 60 days written notice of such proposed action, such notice, which will be sent to the nearest office of such
first mortgage lienholder by prepaid U.S. registered mail, to contain the statement of the delinquent
maintenance charges upon which the proposed action is based. Upon the request of any such first mortgage
lienholder, said beneficiary will acknowledge in writing its obligation to give the foregoing notice with respect
to the particular property covered by such first mortgage lien to the holder thereof. Sale or transfer of a Lot
will not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure
will extinguish the lien of such assessment as to payments which became due prior to such sale or transfer.
No sale, foreclosure Or transfer will relieve such Lot from liability for any assessments thereafter becoming
due or from the lien thereof. The Association will have the right to file notices of liens in favor of such
Association in the Real Property Records of Lair'County, Texas. A violation of any of the covenants,
conditions and restrictions of this Declaration (inclu~l~ng payment of assessments) will not affect the lien of
any mortgage or deed of trust now of record, or whichX~aY be placed of record in the future, upo_n the Lots.
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Section 2.6 Voting Rights. The Association will have two classes of voting membership:
(a) Class A. Class A members will be all Owners, with the exception of -
Declarant and any Builder, and will be entitled to 1 vote for each Lot owned. When more than one
person holds an interest in any Lot, all such persons will be members, but the vote for such Lot will
be exercised as they among themselves determine, and in no event will more than 1 vote be cast with
respect to any Lot.
(b) .Class B. The Class B members will be the Declarant and any Builder who
will be entitled to 3 votes for each unoccupied Lot they own. The Class B membership will cease and
be converted to Class A membership 180 days at~er the conveyance of the Lot which causes the total
votes outstanding in the Class A membership to equal the total votes outstanding in the Class B
membership, or 10 years after conveyance of the fa'st Lot to a Class A member, whichever occurs
earlier.
(c) Suspension. All voting rights of an Owner Will be suspended during any
period in which such Owner is delinquent in the payment of any assessment duly established pursuant
to this Article II or is otherwise in default hereunder or under the By-laws or Rules and Regulations
of the Association.
ARTICLE III
, GENERAL POWERS AND DUTIES OF
~ .
~. ' BOARD OF DIRECTORS OF THE ASSOCIATION
Z'
· Section 3.1 Purpose of Maintenance Fund. Th~ Board of Directors, for the benefit of the
'Owners, will provide and will pay for out of the maintenance fund (provided for in Article II above) the
following:
(a) Taxes and assessments and other liens and encumbrances which will properly
be assessed or charged against the Common Areas rather than against the individual Owners, if any.
(b) Care and preservation of the Common Maintenance Areas.
~ (c) The services of a professional person or management firm to manage the
Association or any separate potion thereof to the extent deemed advisable by the Board of Directors
(provided that any contract for management of the Association will be immediately terminable,
without cause, by the Association, with no penalty, upon no more than 90 days prior written notice
to the managing party), and the services of such other personnel as the Board of Directors will
determine to be necessary or proper for the operation of the Association, whether such personnel are
employed directly by the Board of Directors or by the manager.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the Association and/or its Board
of Directors and officers against any liability to the public or to the Owners (and/or.invitees-or tenants)
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incident to the operation of the Association in any amount or amounts a,s determined by the Board of
Directors, including a policy or policies of insurance as provided herein in Article IV.
(0
applicable laws.
Workers compensation insurance to the extent necessary to comply with any
(g) Such fidelity bonds as may be required by the By-laws or as the Board of
Directors may determine to be advisable.
(h) Any other materials, supplies, insurance, furniture, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments
assessed against an individual Owner) which the Board of Directors is required to obtain or pay for
pursuant to the terms of this Declaration or by law or which in its opinion will be necessary or proper
for the enforcement of this Declaration.
Section 3.2 powers and Duties of the Board of Directors. The Board of Directors, for the
benefit Of the Owners, will have the following general powers and duties, in addition to the specific powers
and duties provided for herein and in the By-laws of the Association:
(a) To execute all declarations of ownership for tax assessment purposes with
regard to the Common Areas, if any, on bchalf of all Owners.
(b) To borrow funds to pay costs of operation secured by assignment or pledge
of rights against delinquent Owners if the Board of Directors sees fit.
(c) To enter into contracts, maintain one or more bank accounts, and generally
to have all the power necessary for or incidental to the op'emtion and management.of the Association.
(d) To protect or defend the Common Areas from loss or damage by suit or
otherwise, and to provid~ adequate reserves for replacements.
(e) To make reasonable rules and regulations for the operation of the Common
Maintenance Areas 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 Owners, or with
respect to a role applicable to less than all of the Common Areas, by.t_h9 ~Owners in ther portions
affected.
(f) To make available for inspection by Owners within 60 days after the end of
each fiscal year an annual report, and to make all books and records of the Association available for
inspection by Owners at reasonable times and intervals.
- (g) To adjust the mount, 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 Owners in proportionate amounts to cover the deficiency.
(h) To enforce the provisions of any rules made hereunder and to enjoin and seek
damages from any Owner for violation of such provisions or rules. -- -
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(i) To colle& all assessments and enforce all penalties for non-payment,
including the filing of liens and institution of legal proceedings.
Section 3.3 Board Powers Exclusive. The Board of Directors will have the exclusive right to
contract for all goods, services and insurance, payment of which is to be made fxom the maintenance fund and
the exclusive right and obligation to perform the fimctions of the Board of Directors, except as otherwise
provided herein.
Section 3.4 Maintenance Contracts. The Board of Directors, on behalf of the Association, will
have full power and authority to contract with any Owner or other person or entity for the performance by the
Association of services which the Board of Directors is not otherwise required to perform pursuant to the terms
hereof, such contracts to be upon such terms and conditions and for such consideratiori as the Board of
Directors may deem proper, advisable and in the best interest of the Association.
TITLE TO COMMON AREAS
Section 4.1 Association to Hold. The Association will own all Common Areas in fee simple and
assume all maintenance obligations with respect to any Common Areas which may be hereafter established.
Ntthing contained herein will create an obligation on the part of Declarant to establish any Common Areas..._
Section 4.2 Liability_ Insurance. From and after the date on which title to any Common Area
vests in the AsSociation, the Association will purchase and carry a general comprehensive public liability
insffrtmc~, policy for the benefit of the Association and its members, covering occurrences on the Common
Areas. ~he policy limits will be as determined by the Board 9fDirectors. The Association will use its best
*efforts to see that such policy will contain, if available, cross'liability endorsements or other appropriate
'provisions for the benefit of members, the Board of Directors, and the management company retained by the
Association (if any), insuring each against liability to each other insured as well as third parties. Any proceeds
of insurance policies owned by the Association will be received, held in a segregated account and distributed
to the Association's general operating account, members, Board of Directors, management company and other
insureds, as their interests may be determined.
Section 4.3 Condemnation. In the event of condemnation or a sale in lieu thereof of all or any
portion of the Common Areas, the funds payable with respect thereto will be payable to the Association and
will be used by the Association to purchase additional Common Areas to replace that which has been
condemned or to take whatever steps it deems reasonably necessary to repair or correct any damage suffered
as a result of the condemnation. If the Board of Dkectors determines that the funds cannot be used in such
a manner due to the lack of available land for additional Common Areas or for whatever reason, any remaining
funds may be distributed to each Owner on a pro rata basis.
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ARTICLE V
ARCHITECTURAL REVIEW
Section 5.1 Architectural Control Committee. A committee to be known as the Architectural
Control Committee (the "ACC") will be established consisting of 3 members.
(a) The members of the ACC will be appointed, terminated and/or replaced by
the Declarant so long as there is Class B membership.' Thereafter the members of the ACC will be
appointed, terminated and/or replaced by the Board of Directors. The members appointed to the ACC
are .~'c!:_': Pr~-*qr
(b) The purpose of the ACC is to enforce architectural standards of the
community and to approve or disapprove plans for improvements proposed for the Lots.
(c) The ACC will act by simple majority vote, and will have the authority to
delegate its duties or to retain the services ora professional engineer, architect, designer, inspector or
other person to assist in the performance of its duties.
Section 5.2 Scope of Review. No building fence, wall, outbuilding, landscaping, pool, athletic
fadility pr other structure or improvement will be erected, altered, added onto or repaired upon any portion of j_
the Pr0~erty without the prior written consent of the ACC, provided however, that improvements erected,
altered, added onto or repaired by Declarant will be exempt from the provisions of this Article V.
' ~ Section 5.3 Submission of Plans. Prior to the initiation of construction upon any Lot, the Owner
thereof will first submit to the ACC a complete set of plans anc[ specifications for the proposed improvements,
~inqluding site plans, grading plans, landscape plans, floor plan~ depicting room sizes and layouts, exterior
elevations, specifications of materials and exterior colors, and any other information deemed necessary by the
ACC for the performance of its function. In addition, the Owner will submit the identity of the individual or
company intended to perform the work and projected commencement and completion dates.
Section 5.4 30 Plan Review. Upon receipt by the ACC of all of the information required by this
Article V, it will have gl-days in which to review said plans. The proposed improvements will be approved
if, in the sole opinion of the ACC: (a) the improvements will be of an architectural style and material that are
compatible with the other structures in the Property; (b) the improvements will notyio!ate.any restrictive
covenant or encroach upon any easement or cross platted building set back lines; (c) the improvements will
not result in the reduction in property.value, use or enjoyment of any of the Property; (d) the individual or
company intended to perform the work is acceptable to the ACC; and (e) the improvements will be
substantially completed, including all cleanup, within 3 months of the date of commencement (6 months for
the construction of a complete house). If the ACC fails to issue its written approval within,~c'days of its
receipt of the last of the materials or documents required to complete the Owner's submissio~ the ACC's
approval will be deemed to have been granted without further action. 50
Section 5.5 Non-conforming Structures. If there will be a material deviation from the approved
plans in the completed improvements, such improvements will be in violation of this Article V to the same
extent as if erected without prior approval of the ACC. The ACC, the Association or any Owner may maintain
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an action at law or in equity for the removal or correction of the.non-conforming structure and, if successful,
will recover from the Owner in violation all costs, expenses and fees incurred in the prosecution thereof.
Section 5.6 Immunity. of ACC Members. No individual member of the ACC will have any .. _
personal liability to any Owner or any other person for the acts or omissions of the ACC if such acts or
omissions were committed in good faith and without malice. The Association will defend any action brought
against the ACC or any member thereof arising from acts or omissions of the ACC committed in good faith
and
without
malice.
Sectio, 5.7 adr. for Notice. Requests for ACC approval or corresponde, nce with .the AC.C
will be addressed to The i.~F:,c..~J_° ef-*'.s-~-Y;'"eY Architectural Control Committee and marled or dehvered m
care of Centex Homes at the address shown at the end of the signature block hereto, or such other address as
may be designated from time to time by the ACC. No correspondence or request for approval will be deemed
to have been received until actually received by the ACC in form satisfactory to the ACC.
ARTICLE VI
EASEMENTS
Section 6.1 ~. As long as Class B membership will be in effect, the Declarant
hereby, reserves the right to grant perpetual, nonexclusive easements for the benefit of Declarant or its
design6es, upon, across, over, through and under any portion of the Common Area for ingress, egress,
installation, replacement, repair, maintenance, use and operation of all utility and service lines and service
systems, public and private, including, without limitation, cable television, telephone, gas and electric systems.
Declarant. for itself and its designees, reserves the fight to retain title to any and all pipes, lines, cables or other
improvements installed on or in such easements. Upon cessation.of Class B membership, the Association will
*have the right to grant the easements described herein.
Section 6.2 Declarant's Easement to Correct Drainage. As long as Class B membership will
be in effect, Declarant hereby reserves for the benefit of Declarant and any Builder, a blanket easement on,
over and under the ground within the Property to maintain and correct drainage of surface waters and other
erosion controls in order to maintain reasonable standards of health, safety and appearance, and will be entitled
to remove trees or vegetation, without liability for replacement or damages, as may be necessary to provide
adequate drainage facilities. Notwithstanding the foregoing, nothing herein will be interpreted to impose any
duty upon Declarant or any Builder to correct or maintain any drainage facilities within the Property.
Section 6.3 Easement for Unintentional Encroachment. The Declarant hereby reserves an
exclusix~e easement for the unintentional encroachment by any structure upon the Common Area caused by
or resulting from, construction, repair, shifting, settlement or movement of any portion of the Property, which
exclusive easement will exist at all times during the continuance of such encroachment as an easement
appurtenant to the encroaching Property to the extent of such encroachment.
-~Section o.'~'-"~E'~'~ment for Perimeter Fence and Sidewalk. The Declarant hereby reserves an
exclusive easement for a perimeter m~~en fence and sidewalk running at the rear (and in
some cases, the side) of Lots along the streets su~oun~~ On the Preliminary Plat of The
Legends of McKinney (a copy of~B~ated immediately
adjacent to (a) the northern end of Lot 23 in Block 14; (b) the northem end of Lots 24 and 3 .._ 3; (c)
Declaration of Covenants, Conditions and Restrictions - Page 9
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~r-~:u:Ih~tem comer of Lot 36 in Blocl~ 13; (d) the northwestern comer of Lot 1 in Block 12; (e) the
northeastern en~-d'~::~J~ugh 18, inclusive, in Block 12; (f) the southeastern end of Lot 18 in Block 12;
(~m end of Lo~h) the northeastern end of Lots 1 through 9, inclusive, of Block
i-'('~tem en sd o~k 3; and (j)the northeastern end of the drainage _
~hese Lo~ wi~ct_to the perimeter masonry and/or
~e~rHa~section, and the easeme.n..t
se Lots wdl
ring
the area upon which the fence is situated to prevent the shifting of the foundation of the fence w ould
damage the fence.
Section 6.5 ~ment. If the Owner fails to maintain the Lot as required herein, or in the
event of emergency, the Association will have the right to enter upon the Lot to make emergency repairs and
to do other work reasonably necessary for the proper maintenance and operation of the Property. Entry upon
the Lot as provided herein will not be deemed a trespass, and the Association will not be liable for any damage
so created unless such damage is caused by the Association's willful misconduct or gross negligence.
Section'6.6 Drainage Easements.. Easements for installation and maintenance of utilities,
stormwater retention/detention ponds, and/or a conservation area are reserved as may be shown on the recorded
Plat. Within these easement areas, no structure, planting or other material will be placed or permitted to remain
w~ieh may damage or interfere with the installation and maintenance of utilities, or which may hinder or
change"the direction of flow of drainage channels or slopes in the easements. The easement area of each Lot
and all improvements contained therein will be maintained continuously by the Owner of the Lot, except for
those improvements for which a public authority, utility company °r the Association is responsible.
~ection 6.7 Temporary Completion Easemenlt. All Lots will be subject to an easement of
· ,*~gress and egress for the benefit of the Declarant, its employees,'subcontractors, successors and assigns, over
and upon the' front, side and rear yards of the Property as may be expedient or necessary for the construction,
servicing and completion of dwellings and landscaping upon Lots adjacent to the Property, provided that such
easement will terminate 12 months after the date such Lot is conveyed to the Owner by the Declarant.
ARTICLE VII
USE AND OCCUPANCY
All Lots and dwellings will be used and occupied for single family residence purposes only. No Lot
or dwelling may be used for commercial, institutional or other non-residential purpose (including residential
day care facilities) if such use involves the attendance or entry of non-residents upon the Lot for business
purposes or otherwise diminishes the residential character of the Lot or neighborhood. This prohibition will
not apply to (i) "garage sales" conducted entirely on an Owner's Lot in accordance with guidelines (if any)
established by the Association provided that no Owner will conduct more than 1 garage sale of no more than
2 days duration during, any 6 month period, or (ii) the use of any Unit by Declarant or any Builder as a model
home or sales office, or (iii) the use of any Lot as a site for a selection center trailer, construction office trailer
and/or sales office trailer by Declarant or any Builder.
Declaration of Covenants, Conditions and Restrictions - Page 10
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ARTICLE VIII
PROPERTY RIGHTS
Section 8.1 Owners' Easements of En|oyment. Every Owner will have a right and easement
in and to the Common Areas and a right and easement of ingress and egress to, from and through said
Common Areas, and such easement will be appurtenant to and will pass with the title to every Lot, subject to
the following provisions:
(a) The fight of the Association to establish and publish roles and regulations
governing the use of the Common Areas affecting the welfare of Association members.
(b) The right of the Association to suspend the right of use of the Common Areas
and the voting rights of an Owner for any period during which any assessment against his Lot remains
unpaid; and for a period not to exceed 60 days for any infxaction of its published roles and regulations.
(c) The right of the Association, subject to the provisions hereof, to dedicate, sell
or transfer all or any part of the Common Areas to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the Owners. No such dedication, sale
or transfer will be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of
the votes of each class of membership has been recorded agreeing to such dedication, sale or transfer, -_
'; excluding Declarant.
(d) The right of the Association, subject to the provisions hereof, to mortgage
.~.' all or any part of the Common Areas. The Common Areas cannot be mortgaged without consent of
¢~vo-thirds (2/3) of the votes of each class of membership, excluding Declarant.
(e) All easements herein described are easements appurtenant to and running
with the land; they will at all times inure to the benefit of and be binding upon the undersigned, all
of their grantees, and their respective heirs, successors, personal representatives and assigns,
perpetually and in full force.
.Section 8.2 Effect of Declaration. Reference in any deed, mortgage, trust deed or any other
recorded documents to the easements, restrictions and covenants herein described or to this Declaration will
be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees, or
trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully
related and set forth in their entirety in said documents.
Section 8.3 Rezoning Prohibited. No Lot will be rezoned to any classification allowing
commercial, institutional or other-non-residential use without the express consent of the Association and
Declarant, which may be withheld in Declarant!s sole discretion. Declarant or the Association may enforce
this covenant by obtaining an injunction against any unapproved rezoning at the expense of the enjoined party.
Section 8.4 Lot Consolidation. No Lots may be combined with all or any portion of an adjoining
Lot unless such consolidation is approved in writing by Declarant.
Declaration of Covenants, Conditions and Restrictions -Page 11
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Section 8.5 Drainage Alteration Prohibited: The surface water drainage contours of each Lot
will conform to the approyed grading plan established by the Declarant or any Builder. No Owner will fill or
alter any drainage swale established by the Declarant or any Builder, nor will any Owner install landscaping
or other improvements that may damage or interfere with the installation and maintenance of utilities or which
may obstruct or divert surface water runoff from the drainage patterns, swales and easements established by
the Declarant or any Builder.
.~eCfio~, q-',~ 100~';~;C~'fOtt~' ARTICLE IX
USE RESTRICTIONS
Section 9.1 Nuisances. No noxious or offensive activity will be carried on upon any Lot, nor will
anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 9.2 Development Activity. Notwithstanding any other provision herein, Declarant and
its successors and assigns, including Builders, will be entitled to conduct on the Property all activities normally
associated with and convenient to the development of the Property and the construction and sale of single-
family dwelling units on the Property.
Section 9.3 Temporary_ Structures. No structure of a temporary character, including, without
li)nit, jn,g the generality thereof, any trailer, tent, shack, garage, barn, motor home or mobile home or other
outbuil~ling, and no prefabricated or relocated structure will be used on any Lot at any time as a residence,
either temporarily or permanently. This restriction will not be interpreted to limit the right of Declarant or any
Builder to use trailers or outbuildings as sales offices, selection center offices, construction offices or material
storage'faed~t~es.
*, Section 9.4 Signs. No sign or emblem of any kih6 may be kept or placed upon any Lot or
m~unted, painted or attached to any Unit, fence or other improvement upon such Lot so as to be visible from
public view or mounted on any vehicle or trailer parked or driven in the subdivision or carried by any person
or by any other means displayed within the subdivision except the following:
(a) For Sale Signs. An Owner may erect 1 sign not exceeding 2 feet by 3 feet
in area, fastened only to a stake in the ground and extending not more than 3 feet above the surface
of the ground advertising the property for sale.
(b) Declarant's ~. Signs or billboards may be erected by the Declarant or
any Builder. · .
(e) Political Signs. Political signs may be erected upon a Lot by the Owner of
such Lot advocating the election of one or more political candidates or the sponsorship of a political
party, issue or proposal provided that such signs will not be erected more than 90 days in advance of
the election tO which they pertain and are removed within 15 days after the election.
Declarant or its agents will have the right to remove any sign, billboard or other advertising structure
that does not comply with the foregoing requirements, and in so doing, will not be subject to any liability in
connection with such removal.
Declaration of Covenant% Conditions and Restrictions - Page 12
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.Section 9.5 Vehicles.
(a) Campers, Boats and Recreational Vehicles. No campers, boats, marine
crafg hovercraR, boat trailers, travel trailers, motor homes, camper bodies, golf carts, and other types
of recreational vehicles and non-passenger vehicles, equipment, implements or accessories may be
kept on any Lot. The ACC, as designated in this Declaration, will have the absolute authority to
determine from time to time whether a vehicle and/or accessory is operable and fully enclosed. Upon
an adverse determination by said ACC, the vehicle and/or accessory will be removed and/or otherwise
brought into compliance with this paragraph. No dismantling or assembling of motor vehicles, boats,
trailers, recreational vehicles, or other machinery or equipment will be permitted in any driveway or
yard adjacent to a street..
(b) Commercial Vehicles. No commercial vehicle will be parked on any street
right-of-way or Lot except within an enclosed structure which prevents such view thereof from
adjacent lots and streets, unless such vehicle is temporarily parked and in use for the conslxuction,
maintenance or repair of a residence in the immediate vicinity. No trucks or vehicles of any size
which transport inflammatory or explosive cargo may be kept on the Property at any time.
(c) Motor Vehicles. No vehicles or similar equipment will be parked or stored
in an area visible from any street except passenger automobiles, passenger vans, motorcycles, pick-up
-. trucks, and pick-up trucks with attached bed campers that are in operating condition and have current
' license plates and inspection stickers and are in daily use as motor vehicles on the streets and
highways of the State of Texas. No abandoned, derelict or inoperable vehicles may be stored or
located on any Lot.
~ection 9.6 pets, Livestock and Poult~. No animals, livestock or poultry of any kind will be
'raised, bred or kept on any Lot, except for cats, dogs or other ge~rally recognized household pets, provided
'that they are not kept, bred, or maintained for any commercial purpose or for food. It is the purpose of these
provisions to restrict the use of the Property so that no person will quarter on the premises cows, horses, bees,
hogs, pigs, sheep, goats, ducks, geese, chickens, turkeys, skunks or other animals that may interfere with the
quietude, health or safety of the community. No more than 4 animals may be kept on a single Lot. All such
animals will be kept in strict accordance with all local laws and ordinances (including leash laws) and in
accordance with all rules established by the Association. All animals must be properly tagged for
identification. No animal will be allowed to run at large, and all animals will be kept within enclosed areas
which must be clean, sanitary, and reasonably free of refuse, insects and waste at all times. Such enclosed area .
will be constructed in accordance with plans approVed by the ACC, 'will be of reasonable design and
construction to adequately contain such animals in accordance with the provisions hereof, and will be screened
so as not to be visible from any other portion of the Property.
Section 9.7 Garbage and Refuse Disposal. No LOt will be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste will not be kept except in sanitary containers. All
equipment for the storage or disposal of such material will be kept in a clean and sanitary condition. No cans,
bags, containers or receptacles for the storing or disposal of trash, garbage, refuse, rubble, or debris will be
stored, kept, placed or maintained on any Lot where visible from any street except solely on a day designated
for removal of garbage and rubbish and on which days only such cans, bags, containers, and receptacles may
be placed in front of a residence and beside a street for removal but will be removed from view before the
Declaration of Covenants, Conditions and Restrictions - Page 13
g:~legal~f&j\ecrsXmckin ney.wpd (1-8-97)
following day. Materials incident to construction of improvements may be stored on Lots during construction
by Declarant.
Section 9.8 Air-Conditioning Units. No air-conditioning apparatus will be installed on the
ground in f~ont of a residence nor will any air-conditioning apparatus or evaporative cooler be attached to any
~ont wall or any window of a residence.
Section 9.9 Sight Distance at Intersections. Unless City standards are more rigorous, no fence,
wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways
will be placed or permitted to remain on any comer Lot within the triangular area formed by the street
boundary lines and a line connecting them, at points 25 feet f~om the intersection of such street boundary lines,
or in the case ora rounded property comer, from the intersection of the street boundary lines extended. Also,
unless City standards are more rigorous, the same sight line limitations will apply on any Lot within 1'0 feet
from the intersection of a street boundary line with the edge of a driveway or alley pavement. No tree will be
permitted to remain within such distances of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction 6f such sight lines.
Section 9.10 Parking. No vehicles, trailers, implements or apparatus may be driven or parked in
the Common Areas, the Common Maintenance Areas or on any easement unless such vehicle, trailer,
implement or apparatus is in use for maintaining such area or easement, provided, however, that this restriction
will not apply to driveways or streets intended for vehicular use.
Section 9.11 Commercial or Institutional Use. No Lo~, and no building erected or maintained
on a~y .Lot, will be used for manufacturing, industrial, business, professional, commercial, institutional or other
non-resi~.ential purposes, except as set forth in Article VII. No activity, whether for profit or not, will be
,,conducted which is not related to single-family residential purpo.ses. Nothing in this section will prohibit an
.6vmer's use of a residence for quiet, inoffensive activities such as tutoring or giving art lessons as long as such
activities do not materially increase the number of cars parked on the street or interfere with adjoining
homeowners' use and enjoyment of their residences and yards.
Section 9.12 Detached Buildings. No detached accessory buildings, including, but not limited
to, detached garages (other than provided herein) and storage buildings, will be erected, placed or constructed
upon any Lot without the prior consent of the ACC. Every outbuilding, inclusive of such structures as a
storage building, greenhouse or children's playhouse will be compatible with the dwelling to which it is
appurtenant in terms of its design and material composition. Outbuildings, other than garages built by
Declarant, will be of a l-story design and not exceed 15 feet in height measured from existing grade or have
total floor area in excess of 10% of the floor area of the main dwelling.
Section 9.13 Fences. All fences and walls will comply with City requirements. No fence, wall
or hedge will be erected or maintained on any Lot nearer to the street than the building setback lines for the
fi-ont and side yards, except for fences erected in conjunction with _~tn, tc'!l.J~ nlQql~l hq~e~ or sales offices.
be erected on: .zz. ~rz ...... : o,~o~ ,. .... ~.r~or the side y
Fences constructed on. comer lotsn~ ~ -q~, .c~tX:~/a,a~tru~/ ~q w_~_~ ~ ' ard as
long as such fencing complies with City requirements. All perimeter fences will be constructed of wood, brick
and/or masonry except for retaining walls installed by Declarant or retaining walls or decorative walls
approved by the ACC. All side and rear property lines must be fenced and meet City set-back criteria. All
perimeter fences will be 6 feet in height unless another height is approved by the ACC but, in any event, no
such fence will be less than 4 feet in height or greater than 8 feet in height. No chain-link, metal cloth or
Declaration of Covenants, Conditions and Restrictions-Page 14
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agricultural fences may be built or maintained on an), Lot. unless such fenqe is located within the perimeter
fence in such a manner that it is not visible from any street, alley, park, Common Area or public area (unless
otherwise approved by the ACC in the manner described below). Unless otherwise agreed between Owners,
side and rear yard fences that separate adjacent Lots will be owned and maintained by the Owner on whose l
Lot the fence exists, or if the location is indefmite, such fence will be maintained by the Owners whose Lots
are involved jointly with expenses being shared equally. Notwithstanding the foregoing, the ACC will has the
right and authority to approve variances of fencing height, material and/or location for reasonable cause or to
alleviate hardship as determined in the sole judgment of the ACC; provided however, the ACC may not
approve a variance which contradicts the zoning and/or subdivision ordinances of the City unless the City has
previously approved the variance.
Section 9.14 SideWalks. All sidewalks will conform to City specifications and regulations. Ifa
homeowner, its representative,' agent or employee, muses damage to any sidewalk located on or adjacent to
such homeowner's Lot, the homeowner must repair or replace the sidewalk so that it will be returned to its
original condition on or before 45 days following the date such damage occurred.
Section 9.15 Landscaping and Exterior Maintenance. Decorative ground cover rock in the front
and side yard may not exceed 10% of the total area of the front and side yard. Growth of grasses in lawns must
be properly maintained not to exceed 6 inches in height All landscaping located on any Lot will be properly
maintained at all times by the Lot Owner. Each Lot Owner will keep all shrubs, trees, grass, and plantings of
ev}r~ kind on his Lot cultivated, pruned, free of trash, and other unsightly material. All improvements upon -
any Lot' will at all times be kept in good condition and repair and adequately painted or otherwise maintained
by the Lot Owner. Declarant, the Association, and the ACC will have the right at any reasonable time to enter
upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary;
and'~o.~int, repair, or otherwise maintain any improvements in need thereof, and to charge the cost thereof
,to the Lot Owner.
' ' Section 9.16 Antennae, Satellite Dishes and Solar Collectors. Except with the written
permission of the Declarant or as provided herein, no Owner may erect or maintain (a) any direct broadcast
satellite ("DBS") antenna greater than one meter (39 inches) in diameter, or (b) any multi-channel multipoint
distribution service (wireless cable) ("MMDS") antenna greater than one meter (39 inches) in diameter. The
installation of any antennal structure, including any television broadcast service ("TVBS") antenna, mounted
on the roofofa residential stmcture will not (i) exceed more than 12 feet over the roof line (including the mast,
if any), (ii) be erected nearer to the lot line than the total height of the antennal structure above the roof, (iii)
be erected near electric power lines, or (iv) encroach upon any street or other public space. Any applic, able
DBS or MMDS antenna (being less than one meter in diameter), may be placed in the baekyard of a Lot as
long as it is not visible (for aesthetic reasons) from view of any street, alley, park, Common Area or other
public area, unless otherwise approved in writing by Declarant (or unless such a designated location would
impair signal reception of acceptable quality or unreasonably increase the costs of the installation, maintenance
and use of such apparatus). Except with the written permission of Declarant, no solar collector panels may
be placed on or around the residential structure.
Section 9.17 Exterior Finish. All exterior walls of all dwellings, garages and approved accessory
buildings will be completely finished to meet minimum City standards with wood, stucco, brick, stone, lap-
siding or other material acceptable to the ACC. No unpainted concrete block surfaces will be visible on any
exterior wall.
Declaration of Covenants, Conditions and Restrictions - Page 15
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~ ....................... ~ .... ,~o~ts which able
'alley~iii have t~e right to use such alley or to cons~ct any buildi,~ ~hluh requires the alley t0r~
~ 7 ~l.~.~iC, :~e!"~;"~. and I.nt~ 26 through inall~qixzo. [~
42_
Section 9.19 Clothes Hanging Devices. No clothes hanging devices exterior to a dwelling are to
be constructed on the Lot.
Section 9.20 Window Treatment. No aluminum foil, reflective film or similar treatment will be
placed on windows or glass doors. Temporary window treatments must be removed within 45 days.
Section 9.21 Limitation on Square Feet. The minimum square footage area of Units erected on
the Lots will not be less than the applicable City minimums.
Section 9.22 Oil and Mining Operations. No oil drilling, oil development operations, oil refining,
quarrying or mining operation of any kind will be permitted upon or in any Lot, nor will oil wells, tanks,
tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure designed for
use in boring for oil or natural gas will be erected, maintained or permitted upon any Lot. No tank for the
storage of oil or other fluids may be maintained on any of the Lots above the surface of the ground.
; Section 9.23 Mail Boxes. Mail boxes will be erected and maintained upon areas determined by
the U.S.'Postal Service in accordance with the current postal authority standards and the approval of the ACC.
~ d .Section 9.24 Garages and Driveways. An enclosed attached garage able to accommodate up to
2 automobiles must be constructed and maintained for each residence. The openings of such garages must be
*front-facing and situated within the setback lines set out in Section 9.26 below. Garages may be used as a
'b~ilder's Sales offices prior to permanent occupancy of the main structure; however, sales offices must be
converted to garages prior to permanent occupancy. With the exception of periods when garages are used by
the Builder as sales offices, all garages will be maintained for the storage of automobiles, and no garage may
be enclosed or otherwise used for habitation. No carport will be permitted on a Lot.
Section 9.25 Roof. No exposed roof surfaces on any principal and/or secondary structures will be
of wood shingles or wood shakes. The ACC will have the authority to approve roof treatments and materials
when in its determination such treatments and materials, in the form utilized, will not be a detriment to the
quality of the neighborhood.
Section 9.26 Setback Lines. No dwelling will be located on any Lot nearer to the front Lot line
or nearer to the side street llne than the minimum setback lines shown on the Plat or required by the City.
Notwithstanding the foregoing, the ACC will have the right and authority to approve variances from the
setback requirements for reasonable cause or to alleviate a hardship; provided however, the ACC may not
approve a variance which contradicts the setback requirements of the zoning and/or subdivision ordinances
of the City unless the City has previously approved the variance.
Section 9.27 Athletic and Recreational Facilities. Outdoor athletic and recreational facilities
such as basketball goals, playseapes, swing sets and sport courts of a permanent nature will not be placed on
any Lot in the subdivision between the street right-of-way and the front of a Unit, and must be approved by
Declaration of Covenants, Conditions and Restrictions -Page 16
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the ACC pursuant to Article V. Temporary facilities may be placed, utilized and removed from view frOm the
street during the course of a day.
Section 9.28 Security_. Neighborhood watchman patrols may be provided by independent
contractors through the Association, from time to time; however, the Association is not responsible for security
of the neighborhood or any Unit and the Owners are exclusively responsible for security for home and
property.
Section 9.29 Burning. Except within fireplaces in the main residential dwelling and except for
outdoor cooking, no burning of anything will be permitted anywhere on the Property.
Section 9.30 Utilities. Except as to special street lighting or other aerial facilities which may be
required by the City or by the franchise of any utility company or which may be installed by the Declarant
pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals,
transformers and other surface installations necessary to maintain or operate appropriate underground facilities)
will be erected or installed on the Property whether upon individual Lots, easements, streets or rights-of-way
of any type, either by the utility company or any other person or entity, including, but not limited to, any person
owning or acquiring any part of the Property, and all utility service facilities (including, but not limited to,
water, sewer, gas, cable, electricity and telephone) will be buried underground unless otherwise required by
a public utility. No individual water supply system or sewage disposal system will be permitted on any Lot,
ineiu.d(ng, but not limited to, water wells, cesspools or septic tanks~
Section 9.31 Exterior Holiday Decorations. Lights or decorations may be erected on the exterior
of Units in commemoration or celebration of publicly observed holidays provided that such lights or
dec~ra~ions do not unreasonably disturb the peaceful enjoyment of adjacent Owners by illuminating bedrooms,
creating ~oise or attracting sight-seers. All lights and decorations that are not permanent fixtures of the Unit
*which are part of the original construction or have been properly ~ipproved as permanent improvements by the
'A~C will be removed within 30 days after the holiday has ended. Christmas decorations or lights may not be
displayed prior to November 1 st of any year. For other holidays, decorations or lights may not be displayed
more than 3 weeks in advance of the holiday. The Association will have the right, upon 30 days prior written
notice, to enter upon any Lot and summarily remove exterior lights or decorations displayed in violation of this
provision. The Association, and the individuals removing the lights and decorations, will not be liable to the
Owner for trespass, conversion or damages of any kind except in the case of intentional misdeeds and gross
negligence.
Section 9.32 Construction Activities. This Declaration will not be Construed so as to
unreasonably interfere with or prevent normal construction activities during the construction or remodeling
of or making of additions to improvements by a Lot O~vner (including Declarant) upon any Lot within the
Property. Specifically, no such construction activities will be deemed to constitute a nuisance or a violation
of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs
or similar activities, provided that such construction is pursued to completion with diligence and conforms to
usual construction Practices in the area. If construction upon any Lot does not conform to usual practices in
the area as determinedby the ACC in its sole good faith judgment, the ACC will have the authority to obtain
an injunction to stop such construction. In addition, if during the course of construction upon any Lot, there
is an excessive accumulation of debris of any kind that is offensive or detrimental to the Property or any
portion thereof, then the ACC may contract for or cause such debris to be removed, and the Lot Owner will
be liable for all expenses incurred in connection therewith. ~. _
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ARTICLE X
PICKETING AND DEMONSTRATIONS
By acceptance of the deed to any Lot covered by this Declaration, the Owner covenants and agrees
with the Owners of all other Lots within the subdivision, that no Owner or resident of any Lot will engage in
picketing, protest marches, sit-in demonstrations, protest speeches or other forms of public protest, including
without limitation, displaying signs or placards within public view, upon any Lot or within any Common Area,
easement or street right-of way adjacent to any LOt, or af~xed to any vehicle or apparatus upon or adjacent to
any Lot. This prohibition will not affect the right of any person to participate in any other form of public
protest conducted outside the area depicted on the recorded subdivision Plat. No Owner or resident of any Lot
will engage in conduct that tends to vilify, ridicule, denigrate, or impugn the character of any other Owner or
resident if such conduct occurs on anyLot, Common Area easement or street depicted on the subdivision Plat.
Each Owner, by acceptance of the deed to any LOt, will be deemed to have accepted the foregoing prohibitions
as reasonable limitations on his constitutional right of free speech, and to recognize and agree that all Owners
have the right to the peaceful enjoyment of their property; the right of privacy; the right to practice their own
religion; the freedom of association; and the right to engage in a profession, business or life-style of their _own
choosing provided that the conduct of such profession, business or life-style is not illegal and does not
otherwise violate any provision of this Declaration.
ARTICLE XI
ANNEXATION
SeCtion 11.1 Annexation by Declarant. At any t'.une during the initial term of this Declaration,
~the Declarant may, at its sole option, annex additional property into.the Association to be subject to the terms
he~eofto the same extent as if originally included herein and subject to such other terms, covenants, conditions,
easements and restrictions as may be imposed thereon by Declarant.
(a) Eligible Property_'. All or any portion of the property (the "Eligible
Property") described in Exhibit "D" is eligible for annexation. The Eligible Property may be
annexed into the Association at the option of the Declarant.
(b) Consent or Joinder Not Required. No consent or joinder of any Class A
member or other party except the record owner of the land being annexed will be necessary to effect
any annexation made pursuant to this Section.
(c) Declaration of Annexation. Annexation will be evidenced by a written
Declaration of Annexation executed by Declarant setting forth the legal description of the property
being annexed and the restrictive covenants to be applied to such annexed property.
(d) FHANA Approval. Declarant will submit a written request for approval
of any annexation under this Section to the Federal Housing Administration ("FHA") and the
Veterans Administration ("VA"), accompanied by a copy of the Declaration of Annexation. If neither
FHA nor VA notifies Declarant of objections to the annexation within 15 days of the date of
Deelarant~s request for approval, such approval will be deemed to have been granted. . _
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Section 11.2 Annexation by Action of Members. At any time, the Board of Directors may
request approval of the membership for the annexation of additional property into the Association to be subject
to all of the terms of this Declaration to the same extent as if originally included herein. No such annexation
will be effective unless approved in writing by members entitled to cast two-thirds (2/3) of the votes in each
class of membership, and by FHA and VA as set forth in subsection 11.1 (d) above. Any property that is
contiguous to existing property subject to this Declaration may be annexed hereto according to the foregoing
requirements, provided however, that no such annexation will be effective without the consent and joinder of
the owners of the property to be annexed. Such annexation must be evidenced by a Declaration of Annexation
as set forth in subsection 11.1 (e) above, executed by the parties herein described.
Section 11.3 1~1o Duty_ to Annex. Nothing herein contained will establish any duty or obligation
on the part of the Declarant or any member to annex any property into the Association, and no owner of
property excluded fi.om the Association will have any right to have such property annexed thereto.
Section 11.4 Effect of Annexation on Class B Membership. In determining the number of Lots
owned by Declarant for purposes of Class B membership status according to Section 2.6, the total number of
Lots covered by the Association, including all Lots annexed thereto, will be considered. If Clms_s B
membership has previously lapsed but annexation of additional property restores the ratio of Lots owned by
Declarant to the number required for Class B membership, such Class B membership will be reinstated until
it &xI?ir.es pursuant to the terms of Section 2.6.
ARTICLE XII
· ~.· GENERAL
· Section 12.1 Enforcement. The AssOCiation or any Owner will have the right to enforce, by any
p~ceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges imposed
now or in the future by the provisions of this Declaration. Failure of the Association or any Owner to enforce
any covenant or restriction of this. Declaration will in no event be deemed a waiver of the right to do so in the
future.
Section 12.2 Remedies. In the event of any default by any Owner under the provisions of this
Declaration, the By-laws or the rules and regulations of the Association, the Association and any Owner will
have each and all of the rights and remedies which may be provided for in this Declaration, the By-laws and
said rules and regulations, and those which may be available at law or in equity, and may prosecute any action'
or other proceedings against such defaulting Owner and/or others for enforcement of any lien, statutory or
otherwise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership
interest of such Owner, or for damages or injunction, or specific performance, or for judgrnent for payment
of money and collection thereof, or for any combination of remedies, or for any other relief. No remedies
herein provided or available at law or in equity will be deemed mutually exclusive of any other such remedy.
All expenses of the.Association in connection with any such actions or proceedings, including court costs and
attorneys' fees and other fees and expenses, and all damages, liquidated or otherwise, together with interest
thereon at the maximum rate permitted by law but, with reference to any Lots financed by FHA insured loans,
not in excess of the maximum rate of FHA loans at the time of delinquency, from the due date until paid, will
be charged to and assessed against such defaulting Owner, and will be added to and deemed part of his
respective maintenance assessment (to the same extent as the lien provided herein for unpaid ~s_essments),
Declaration of Covenants, Conditions and Restrictions -Page 19
g:Xlegal~&j\ccrs~nckinney, wpd (1-8-97)
upon the Lot and upon all of his additions and improvements thereto, and upon all of his personal property
upon the Lot. Any and all of such rights and remedies may be exercised at any time and from time to time,
cumulatively or otherwise, by the Association or any Owner.
Section 12.3 Term and Amendments. The covenants and restrictions of this Declaration will mn
with and bind the land for a term of 30 years ~om the date this Declaration is recorded, after which time they
will be automatically extended for successive periods of 10 years each, unless 75% of the votes outstanding
will have voted to terminate the covenants and restrictions of this Declaration upon the expiration of the initial
30-year period or any extension thereof, which termination will be by written instrument signed by 75% of the
Owners and properly recorded in Collin County, Texas. This Declaration may be amended during the first 30-
year period by an instrument signed by not less than 90% of the Owners and by the Declarant. Any
amendment must be recorded. Notwithstanding any provisions hereof to the contrary, the Declarant may, at
its sole discretion and without consent being required of anyone, modify, amend, or repeal this Declaration at
any time prior to the closing of thq~,~f the fu'st Lot, provided said amendment, modification, or repeal is
in writing and properly recorded intrt,~J~'~ County, Texas. Declarant further reserves, (i) prior to the closing
of the sales of all of the Property, all rights which may be necessary to deal with the Property, including the
right to vacate, amend, or modify the Plat of subdivision, and(ii) the right at any time to amend this
Declaration in order to correct scriveners errors. Amendments will be subject to prior approval by FHA and
VA if any Lot within the Property is encumbered by an FHA or VA mortgage loan.
'. .Section 12.4 Severability_. Invalidation of any one of these covenants or restrictions by judgment
or co'it order will in no way affect any other provisions which will remain, in full force and effect.
Section 12.5 Rights and Obligations. The provisions of this Declaration and the Articles of
Incotpgration and By-laws and the rights and obligations established thereby will be deemed to be covenants
· running ~ith the land and will inure to the benefit of, and be .binding upon, each and all of the Owners and
'*their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the
Ye~ording or the acceptance of a deed conveying a Lot or any ownership interest in the Lot whatsoever, the
person to whom such Lot or interest is conveyed will be deemed to accept and agree to be bound by and
subject to all of the provisions r)fthis Declaration and the Articles of Incorporation and By-laws, whether or
not mention thereof is made in said deed.
Section 12.6 Miscellaneous Provisions. If there is a conflict between any .provision of this
Declaration and the Articles of Incorporation and By-laxvs, the following provisions will control:
(a) If any prospective Owner applies for FHA or VA mortgage financing and
receives a commitment therefor, and there exists a Class B membership, the following actions will
require approval of the Federal Housing Administration and the Veterans Administration, as
applicable: (1) mortgaging or dedication of Common Areas, (2) annexation of additional properties
into the Association, (3) amendment of this Declaration or the Articles of Incorporation or By-laws
of the Association, and (4) dissolution of the Association.
mortgage liens:
Declaration.
(b) The following actions will require notice to all institutional holders of first
(1) abandonment or termination of the Association; or (2) material amendment to this
Declaration of Covenants, Conditions and Restrictions - Page 20
g:~legal~f&j\ccrs~nckinney.wpd (!-8-97)
(c) Upon the request of any first, mortgagee of a dwelling on a Lot, the
Association will furnish to such mortgagee a written notice of any default by the Owner of such
dwelling in the performance of such Owner's obligations under this Declaration or the By-laws or
Association rules or regulations which is not cured within 30 days. Any first mortgagee ora dwelling
who comes into possession of said dwelling pursuant to the remedies provided in the mortgage, a
foreclosure of the mortgage, or deed (or assignment) in lieu of foreclosure, will take such property fxee
of any claims for unpaid assessments or charges in favor of the Association against the mortgaged
dwelling which accrued before the time such holder comes into possession of the dwelling.
(d) Unless at least 75% of the first mortgagees (based upon one vote for each
mortgage) have given their prior written approval, neither the Association nor the Owners will be
entitled to:
(i) by act or omission seek to abandon, partition, encumber or transfer
the Common Areas, if any, or any portion thereof or interest therein (the granting of
easements for public utilities or other public purposes consistent with the intended
use of such property will not be deemed a transfer within the meaning of this clause);
(ii) substantially change the method of determining the obligations,
assessments, dues or other charges which may be levied against an Owner by the
Association;
(iii) by act or omission change, waive, or abandon any scheme of
regulations or enforcement thereof pertaining to the architectural design or the
exterior appearance of the dwellings or maintenance of the dwellings or Lots; and
(iv) fail to maintain liability and extended coverage insurance on
insurable property comprising a part of the Common Areas on a current replacement
cost basis in an amount not less than 100% of the insurable value (based on current
replacement costs).
(e) All personal pronouns used in this Declaration, whether used in the
masculine, feminine or neuter gender, will include all other genders, and the singular will include the
plural, and vice versa.
.Section 12.7 Headings. The headings contained in this Declaration are for reference purposes only
and will not in any way affect the meaning or interpretation of this Declaration.
Section 12.8 Conflicts. In the event of conflict between the terms of this Declaration and any By-
laws, rules, regulations or Articles of Incorporation of the Association, this Declaration will control.
Section 12.9 Partial Invalidity_. The invalidation of any one of these covenants by judgment or
court order will in no way affect any of the other provisions, which will remain in full force and effect.
Declaration of Covenants, Conditions and Restrictions - Page 21
g:XlegalXf&j\ccrsXmckinney.wpd (1-8-97)
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf,
attested and its corporate seal to be~hereunto affixed as of the day and year first above written.
.DECLA_.__~NT:
CENTEX HOMES,
a Nevada general partnership
By:
Centex Real Estate Corporation,
a Nevada corporation,
its managing general partner
By:
Division
Homes-
STATE OF TEXAS §
COUNTY OF §
~ '.The foregoing instrument was acknowledged before me on this the day of
.z /,
,1996,~,:., ~,.. t..,-~,: ~ .r'.~¥ ....... .v., ,_.,v,o,,,,.' .... CCh .trc!!er of Centex Real Estate Corporation,
*,a .Nevada corporation, managing general partner of CENTI~X'HOMES, a Nevada general partnership, on
behalf of said partnership.
Notary Public, State of Texas
Notary's Name Printed:
My Commission Expires:
AFTER RECORDING RETURN TO:
¢/o Centex Homes - - '
Declaration of Covenants, Conditions and Restrictions - Page 22
g:Megal~f&j\ccrsXmckinney.wpd (1-8-97)
EXHIBIT "A"
Property_ Subject to the Declaration
The
EXHIBIT "B"
Common Areas
The Legends of McKinney may include, but not be limited to, the following:
Ao
;tview
Ap
side) of Lots
c
immediately
and 36 in Block 13;
tce and Sidewalk (adjacent to Eldorado Parkway,
Legend Drive):
and/or wooden fence and sidewalk running at the rear (and in some cases, the
streets surrounding the neighborhood. On the Preliminary Plat of The Legends
is attached as page 2 of this Exhibit "B"), these areas are located
the northern end of Lot 23 in Block 14; Co) the northern end of Lots 24
comer of LOt 36 in Block 13; (d) the northwestern corner of
Lot 1 in Block 12; (e) end of Lots 1 through 18, inclusive, in Block 12; (f) the
southeastern end of Lot 18 Block 12; (g) the northwestern end of Lot 1 in Block 1; (h) the
northeastern end of Lots 1 throu inclusive, of Block 1; (i) the northeastern and southeastern ends
of Lot 1 in Block 3; and (j) the end of the drainage easement designated as Lot 80 in
Block 3.
Entry_ Monumf~nt:
An entry monument located in the median
· On the Preliminary Plat of The Legends
Exhibit "B"), such median is located in the
in Block 12 and Lot 1 in Block 1.
intersection of Eldorado Parkway and Legend Drive.
( a copy of which is attached as page 2 of this
of Legend Drive and runs between Lot 18
Drainage Easement*:
The drainage easement located in the most
particularly described as Let 80 in Block 3, on the
copy of which is attached as page 2 of this Exhibit "B."
corner of the Property, being more
Plat of The Legends of McKinney, a
Do
Park Area**:
The park area located in the most southwesterly corner of the
described as Lot 79 in Block 3, on the Preliminary Plat of The Legends
is attached as page 2 of this Exhibit "B."
being more particularly
a copy of which
Common Area unless it is dedicated to, and accepted by, the City of
McKinney. ~
The park area will be part of the Common Area unless it is dedicated to, an ' ted by, the Parks Department
of the City of McKirmey.
Page 1 of 2
Exhibit "B" (continued)
Page 2 of 2
The Common
EXHIBIT "C"
Common Maintenance Areas
Areas may include, but are not limited to, the following:
Bo
fence runnm
are located
of Lots 24
(d) the
southeastern ends
designated as Lot 80
lies between the curb of Eldorado Parkway and the perimeter masonry and/or wooden
at the rear of Lots along Eldorado Parkway. On the Preliminary Plat of The Legends
t copy of which is attached as page 2 of Exhibit "B" to this Declaration), these areas
t adjacent to (a) the northern end of Lot 23 in Block 14; Co) the northern end
Block 13; (c)the northeastern end of Lots 1 through 18, inclusive, in Block 12;
end of Lots 1 through 9, inclusive, of Block 1; (i) the northeastern and
Lot 1 in Block 3; and (j) the northeastern end of the drainage easement
~lock 3.
Co
The area that
fence running at the
McKinney (a copy of which
located immediately adjacent
northwestern comer of Lot 1
curb of Westview Drive and the perimeter masonry and/or wooden
along Westview Drive. On the Preliminary Plat of The Legends of
as page 2 of Exhibit "B" to this Declaration), these areas are
the northeastern comer of Lot 36 in Block 13; and (b)the
12.
; .; The area that lies between the curb of
running at the side of Lots along
(a copy of which is attached as page 2
· immediately adjacent to (a) the northeastern
· ~ of Lot 1 in Block 1.
The entry area median located at the intersection
Preliminary Plat of The Legends of McKinney ( a
to this Declaration), such median is located in the
18 in Block 12 and Lot 1 in Block I.
perimeter masonry and/or wooden fence
On the Preliminary Plat of The Legends of McKinney
to this Declaration), these areas are located
of Lot 18 in Block 12; and (b) the northwestern end
:.Ido~'ado Parkway and Legend Drive. On the
!which is attached as page 2 of Exhibit "B"
land of Legend Drive and runs between Lot
The entry sign or signs which may be placed on the
intersection of Eldorado Parkway and Legend Drive and/or
and Westview Drive. On the Preliminary Plat of The Le
attached as page 2 to Exhibit "B" to this Declaration), such sign
of lot(s) located adjacent to (i) the
intersection of Eldorado Parkway
of McKinney (a copy of which is
~ include the following:
The northeast comer of Lot 36 in Block 13;
The northwest comer of Lot 1 in Block 12;
The east comer Lot 18 in Block 12; and/or
The north comer of Lot 1 in Block 1.
F. Landscaping and irrigation in the Common Areas.
The bicycle trail located within the park area located in the mo
being more particularly described as Lot 79 in Block 3, on the Preliminary Plat
McKinney, a copy of which is attached as page 2 ofJExhibit "B" to this Declaration.
Legends of
EXHIBIT "D"
Eligible Property
A) THE DEVELOPMENT IS LOCATED ALONG STATE HIGHWAY 121 BYPASS.
B) DUE TO DFW ANB LOVE FIELB NRPORTS, TI-JERE MAY BE OCCURRENCES
OF AMBIENT AIRCRAFT NOI:SE DUE TO NRCRAFT OVERFUGHTS,
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