341824-Declaration CCR2021 - 202100211531 07/1512021 3:35PM Page 1 of 44
DECLARATION •
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ARTICLEL -------------------------^--------------------......._^_----'l
DEFINITIONS l -----------------------------------------------------.l
ARTICLEU.............................................................................................................................................................................. 4
PROPERTY SUBJECT TDTHIS DECLARATION; ADDITIONS THERETO ............................................................... 4
2.01 Existing Property .................................................................................................................................................. 4
ARTICLEIII ............................................................................................................................................................................ 5
MEMBERSHIP AND VOTING RIGHTS |MTHE ASSOCIATION —.—...—.—.--.-----------------5
3.01 Membership .......................................................................................................................................................... 5
3.02 Transfers ............................................................................................................................................................... 5
3.03 Voting Rights ......................................................................................................................................................... 5
3.04 Notice Voting Procedures; Meetings ................................................................................................................. t
ARTICLEK/............................................................................................................................................................................ 6
PROPERTY RIGHTS |NTHE COMMON PROPERTIES ............................................................................................... 6
4{)1Members' Easements ofEnjoyment .................................................................................................................. 6
4.02 Extent ofMembers' Easements ......................................................................................................................... 6
4.03 Restricted Actions byMembers ......................................................................................................................... 7
4.04 Damage tothe Common Properties .................................................................................................................. 7
4.05 Rules ofthe Board ............................................................................................................................................... 7
4.06 Use ofCommon Properties ................................................................................................................................ 7
ARTICLEV............................................................................................................................................................................. 8
COVENANTS FOR ASSESSMENTS .................................................................................................................................
8
5.01
Creation ofthe Lien and Personal Obligation mfAssessments .....................................................................
8
5.02
Capitalization ofthe Association ........................................................................................................................
8
5.03
Purpose ufAssessments .................................................................................................... ...............................
0
5.04
Annual Assessments ----------^....—.----.—.—...—..—........---.------------.y
3.05
Special Group Assessments ..............................................................................................................................
V
5.06
Rate ofAssessments .........................................................................................................................................
iO
5.07
Date ofCommencement ofAssessments: Due Dates .................................................................................
]0
5.08
Non -Payment ofAssessment; Personal Obligation ofOwner; Lien toaLot; Remedies ofthe
Association.......................................................................................................................................................................
1O
5.09
Power u7Sale inRespect toLots .....................................................................................................................
l2
5.10
Subordination ofthe Lien ..................................................................................................................................
l2
511
Omission ofAssessments .................................................................................................................................
i2
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7.02 Insurance Proceeds ........................................................................................................................................... l7
7.03 Insufficient Proceeds ......................................................................................................................................... l7
7.04 Liability Insurance Arrangements .................................................................................................................... l7
ARTICLEV1U........................................................................................................................................................................
l7
ARCHITECTURAL
REVIEW ..............................................................................................................................................
l7
8.01
Architectural Control Committee ......................................................................................................................
l7
8.02
ACC Jurisdiction .................................................................................................................................................
|7
8.03
Design Guidelines ..............................................................................................................................................
l8
8.04
Preliminary and Final Plan Submissions ........................................................................................................
|0
8.05
Approved Builder List ........................................................................................................................................
19
8.08
Variance ...............................................................................................................................................................
lV
8.07
Professional Services ........................................................................................................................................
l9
8.08
ReotorationofPropertyduetoViolabon-----------------------------------
lA
8.08
Right toInspect ...................................................................................................................................................
l9
10j0
Antenna Restrictions and Satellite Dishes .................................................................................................
24
ARTICLE|X..........................................................................................................................................................................
20
EASEMENTS.......................................................................................................................................................................
20
9.01
Ingress and Egress bythe Association ...........................................................................................................
2O
9.02
Easement Utilities ..............................................................................................................................................
20
9.03
Private Drainage Easements ----.--..-..............-............---...-.-----------.2O
Parking and Prohibited Vehicles ..................................................................................................................
9.04
Reservation ofEasements ................................................................................................................................
2}
0.05
VVaU and Landscape Easement .......................................................................................................................
2|
23
10.08
Temporary Structures ...................................................................................................................................
ARTICLEJ<
........................................................................................ ..................................................................................
22
PROTECTIVECOVENANTS ............................................................................................................................................
22
10.01
Residential Purposes ....................................................................................................................................
ZZ
10.02
Lot Use ............................................................................................................................................................
ZZ
10.03
Parking and Prohibited Vehicles ..................................................................................................................
2Z
10.04
Utilities .............................................................................................................................................................
Z3
10D5
Garbage and Trash Collection .....................................................................................................................
23
10.08
Temporary Structures ...................................................................................................................................
23
10.07
Window Treatments .......................................................................................................................................
Z3
10.08
Window Coolers .............................................................................................................................................
23
10.09
Landscape Maintenance ...............................................................................................................................
23
10j0
Antenna Restrictions and Satellite Dishes .................................................................................................
24
10i11Solar
Energy Devices ....................................................................................................................................
Z4
1012
Rain Barrels and Rain Harvesting Systems ...............................................................................................
24
10]3
Playground Structures and Athletic Facilities ............................................................................................
Z4
10.14
Clotheslines ....................................................................................................................................................
Z4
1015
Holiday Lighting ..............................................................................................................................................
24
10.16
Exterior Sculptures and Similar Items .........................................................................................................
24
10.17
Sign and Flags Related UzIndividual Lots ..................................................................................................
Z4
10.18
Signs and Flags Related tothe Subdivision ..............................................................................................
25
10.19
Mailboxes ........................................................................................................................................................
25
10.20
Maintenance ufCommon Properties ..........................................................................................................
26
10.21
Drilling and Mining Operations .....................................................................................................................
25
10.22
Removal of Dirt -----....-------....................................................................................................
25
ARTICLEXI............................................................................ ..................... ....................................................................... 26
ARCHITECTURAL AND CONSTRUCTION RESTRICTIONS ----------------------------.26
11.01 Minimum Floor Space ................................................................................................................................... I6
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11.02
Combining Lots ..............................................................................................................................................
26
11.03
Setback Requirements ..................................................................................................................................
2O
11.04
Electrical Service ...........................................................................................................................................
27
11]]5
Repetitive Elevations and Materials ............................................................................................................
27
11.06
Exterior Materials ...........................................................................................................................................
27
11.07
Height ---------------------------------------------------27
Registration with the Association .................................................................................................................
11.08
Garages ...........................................................................................................................................................
27
11.09
Driveways and Sidewalks .............................................................................................................................
28
11.10
Landscaping, Sprinkler System, and Maintenance ..................................................................................
28
1111
Fences .............................................................................................................................................................
28
1112
Retaining Walls ..............................................................................................................................................
28
11.13
Exterior Lighting .............................................................................................................................................
29
1114
Swimming Pools .-----------------------.^----..^--..--^—...._..---..29
Fees --------------------^^...------------------------.
11.15
Site Maintenance During Construction .......................................................................................................
29
11.10
Length ofConstruction ..................................................................................................................................
28
ARTICLEX1L-------------'--------.....---....................—..........,..............29
MAINTENANCE
OFLOTS AND DWELLING UNITS ....................................................................................................
29
12.01
Duty ofMaintenance .....................................................................................................................................
2y
ARTICLEXIII ........................................................................................................................................................................ 30
FINESAND FEES ................................................................................. .............................................................................. 38
12.01 Fines ................................................................................................................................................................ 3O
13.02 Nonpayment ofFines .................................................................................................................................... 30
13.03 ACC Fees .—^—._..................----------.—_--------------------3l
14.01 Agreement to Avoid Costs of Litigation and to Limit Rights to Litigate Disputes .................................. 31
ARTICLEXV.........................................................................................................................................................................
34
GENERALPROVISIONS ........................................................................................... .......................................................
J4
15.01
Further Development .....................................................................................................................................
34
15.02
Power ofAttorney ..........................................................................................................................................
34
15.03
Duration ...........................................................................................................................................................
35
15.04
Amendments ..................................................................................................................................................
3J
15.05
Registration with the Association .................................................................................................................
35
15.00
Enforcement ...................................................................................................................................................
35
15.07
Validity .............................................................................................................................................................
38
15.08
Headings .........................................................................................................................................................
36
15.09
Notices 1oK8em .-----------------------.—................—.'3h
1510
Notices hoMortgagees ..................................................................................................................................
36
15.11
Inspection ofBooks .......................................................................................................................................
30
15.12/#1orne�m
Fees --------------------^^...------------------------.
��
1513
Superiority ofthe PlaL-------------------------------------------'36
EXH|B[T~A............................................................................................................................................................................ 38
EXHIBIT"B..................................................................................................... ..... ................................................................ 39
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This DECLARATION iVENANTS, CONDITIONSAND RESTRICTIONS (herein- - • to as
"Declaration") is made this &day of X
.J&!� 1 2021, by M&T DEVELOPERS, INC., a Texas
Corporation (hereinafter referred to as "Declarant").
WHEREAS, Declarant is the owner of the real property referred to in Article 11 hereof and described
Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes and desires to create there
a single family community with residential lots, open spaces, landscaping, sprinkler systems, streets, comm
lighting, fencing drives, screening walls, and other common improvements for the benefit of the community; an,
WHEREAS, Declarant desires to provide for, among other matters, the preservation of the values a]
J • • : • ", •. i. :• i - a:. i ..:• / •: I is ( • • i :
and, to this end, desires to subject the real property referred to in Article 11, together with such additions as m
Will Hellb I'lereirlattel 5Lt 1U1 11.111, edU I d11U U11 UFWI-MU4�i-�� My 5118 OUR ana evel
owner of any part thereof;
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and ameniti
in is community,is create an • n -rs' associationto which would be delegated .; • assigned the.
:._ powers of
created;and restrictions contained herein, and (iii) collecting and disbursing the assessments and charges hereina
and
WHEREAS, Declarant has caused or will cause a non-profit corporation (the "Association," hereinaft
defined" i be incorporated under the laws of of •.:. " purpose of • the intents ais
objectives herein set forth. The Association shall reimburse Declarant for all costs of incorporation a
organization of the Association as well as any costs to obtain non-profit status.
NOW, THEREFORE, Declarant declares that the real property referred to in Article 11, and such additio
WrrR
all W
414
• f. i `• • ` :• _. • ` .:I •': • • - i _. .. ` 1. f ` :.: • -: • _
to"Covenants• •forth.
•
MMEMME3311M
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"Architectural Control Committee" or "ACC" shall mean and refer to that particular committee which
may be form time to time appointed or selected pursuant to Section 8.01 hereof.
JI 17ALW19YA:A I K I I I KT; I OR KJN I I L;J 11111
"Board" shall mean and refer to the Board of Directors of the Association.
"Bylaws" shall mean and refer to the Bylaws of the Association, as adopted and amended from time to
time in accordance with the provisions of this Declaration and the Texas Business Organizations Code or oth-
p i
pplicable laws promulgated by the State of Texas.
"Class A Members" shall mean each Owner of a Lot.
"Class B Member" shall mean the Declarant.
MI. I onion IMF
sit a
now or may hereafter be constructed thereon. In certain circumstances, Common Properties may not be owned
—beJe-ase or -nav
W 110W INW111111416 I wo 9] 1 11 mile] III vusul I I WIN "WO I
1 -411 •" Iliami 11WT -1-1 a"w-
SII
to and within public rights-of-way. The Declarant may hold record title to all or a portion of the Common Properties,
consistent with the objectives envisioned herein and subject to the easement rights herein of the Owners 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 the Declarant in fee, as an easement or otherwise will be transferred
from the Declarant to the Association.
"Conservation Agreement" shall mean and refer to the Conservation Easement Agreement executed
between Blackberry Farm Homeowners Association, Inc. and Mitigation Futures Conservancy on June 29, 2021
and recorded as Instrument No. 202100194995 in the Official Public Records of Dallas County, Texas, which
governs the use and maintenance of the Conservation Easement. The Conservation Agreement is shown ir
Exhibit
"Conservation Easement" shall mean and refer to the easement set aside on Lots 6 and 7, Block X to
provide environmental, bank stabilization and floodplain protections along Denton Creek, which is further
described in Section 9.07 of this Declaration.
"Covenants" shall mean and refer to all covenants, conditions, restrictions, easements, charges and
liens set forth within this Declaration or any Amended Declaration.
"Declarant" shall mean and refer to M&T DEVELOPERS, INC., a Texas corporation, and its successors
and assigns, if such successors and/or assigns become same by express assignment of M&T DEVELOPERS,
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ITI&T DE
"Declarant".
"Declaration" shall mean and refer to this particular instruction entitled "DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BLACKBERRY FARM," together with any and all
amendments or supplements hereto.
"Deed" shall mean and refer to any deed, assignment, testamentary bequest, muniment of title or other
instrument, or intestate inheritance and succession, conveying or transferring fee simple title or a leasehold
interest or another legally recognized estate in a Lot.
"Design Guidelines" shall mean and refer to those particular standards, restrictions, guidelines,
recommendations and specifications, described herein or from time to time promulgated by the ACC applicable
to most of the aspects of construction, placement, location, alteration, maintenance and design of any
interpretations thereof. Design Guidelines may include, without limitation, certain limitations upon (a) flags and
flagpoles, (b) rain barrels and rain harvesting systems, (c) religious displays and (d) solar energy devices.
"Development Period" shall mean a period commencing on the date of the recording of the Original
its Class B Member status by recording written notice of such termination in the Records. For purposes of
determining when the Declarant is required to permit the Owners to elect at least one director to the Board, the
total number of Lots in the Subdivision shall be fifty-four (54).
U1111,111111 111111111111 11111PT M-9 "WITI.- "I,
"Easement Areas" shall mean and refer to those areas which may be covered by an easement specified
in Article IX below.
"Fiscal Year" shall mean each twelve (12) month period commencing on January 1 and ending on the
following December 31, unless the Board shall otherwise select an alternative twelve (12) month period.
"Individual Assessments" shall mean and refer to the assessments that may be from time to time
imposed upon an individual Owner in accordance with the provisions of Section 5.01 hereof.
"Lot" or "Lots" shall mean and refer to any plot or tract of land shown upon any recorded subdivision
map(s) or plat(s) of the Property, as amended from time to time, which is designated as a lot thereon and which
is or will be improved with a residential dwelling. 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.
"Managing Agent" shall mean and refer to any Person who has been designated or engaged by the
Board to manage the affairs of the Association, to the extent the Board elects to make such designation.
"Maximum Rate" shall mean and refer to the lesser of (a) the maximum rate of interest permitted to be
��Iia 4 &rm 4y-iira &v
perannum.
"Member" shall mean and refer to each Owner of a Lot. Membership shall consist of two (2) classes,
the Class A Members and the Class B Member. To the extent permitted by applicable law, for the purpose of
owned by an Owner.
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"Owner" shall mean and refer to the holder(s) of record title to the fee simple interest of any Lot whether
or not such holder(s) actually resides on any part of the of The foregoing is not intended to include persons or
entities who hold an interest merely as security for the performance of an obligation.
"Payment and Performance Lien" shall mean and refer to the lien described within Sections 5.08 and
5.09 below.
"Person" shall mean an individual, partnership, joint venture, corporation, limited liability company, joint
stock company, trust (including a business trust), unincorporated association or other entity or a government or
any political subdivision or agency thereof.
"Plat" shall mean and refer to the formal subdivision plat of the Property, which has been approved by
the City and filed and recorded as Instrument No. 202100152331 in the Official Public Records of Dallas County,
Texas, together with such additions as may hereafter be made thereto.
"Property" shall mean and refer to the properties subject to this Declaration as described in Exhibit "A"
and Exhibit "B" attached hereto, together with such additions as may hereafter be made thereto (as provided in
Article 11).
"Records" shall mean the Official Public Records of Dallas County, Texas.
"Resident" shall mean and refer to (a) each Person residing within any part of the Subdivision who is a
bona -fide lessee pursuant to a legally cognizable lease agreement with an Owner; and (b) each individual lawfully
domiciled in a dwelling unit other than an Owner or bona -fide lessee.
"Special Group Assessments" shall mean and refer to assessments imposed upon the Owners for
capital improvements or unusual or emergency matters, in accordance with the provisions of Section 5.04 hereof.
"Structure" shall mean and refer to (a) any thing or device, other than trees, shrubbery (less than two
(2) feet high if in the form of a hedge) and landscaping, including but not limited to any building, improvement,
garage, porch, shed, greenhouse or bathhouse, cabana, coop or cage, covered or uncovered patio, swimming
pool, play apparatus, clothesline, fence, curbing, paving, wall or hedge (more than two (2) feet high if in the form
of a hedge), signboard or other temporary or permanent living quarters or any temporary or permanent
improvement to any Lot; (b) an excavation, fill, ditch, diversion dam or other thing or device which affects or alters
the flow of any waters in any natural or artificial stream, wash or drainage channel from, upon or across any Lot;
(c) any enclosure or receptacle for the concealment, collection and/or disposition of refuse; and (d) any change in
the grade of any Lot which involves a change or more than three (3) inches from existing grade initially approved
by the ACC.
"Subdivision" shall mean and refer to a subdivision of all or a portion of the 'gar`rty, in accordance with
the Plat or Plats thereof heretofore or hereafter filed of record in the Records, as well as any and all revisions,
modifications, corrections or clarifications thereto.
ARTICLE 11
Tccupiea subject to inis feciaralion is locateu in Uuppull,
described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes.
2.02 Additions to Property. Additional land(s) may become subject to this Declaration in any of the
following manners:
(a) The Declarant may add or annex additional real property to the scheme of this
Declaration by filing of record a Supplementary Declaration of Covenants, Conditions and Restrictions
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9. 1 - . - I -
IBM MM. irsTill 11.111,1100 fie", 1069.1
are not materially inconsistent with this Declaration in a manner which adversely affe s he conc•t
Viiis DeclarpAm'. .
(b) In the event any Person other than the Declarant desires to add or annex additiong
Ule [PI
tle .4ssocjat&z-t.
ARTICLE III
ITGUBERSY11PAVII) VOING 121GYTS III TYE ASSOMATIO
3.01 Membership.
IT311,11 III III III Sl!i
Class A: The Class A Members shall include all Owners (other than Declarant) of Lots.
I an3 LVA rz Mn e7M iM I I UTW=-Tal
0
one Director to the Board.
;Igolgr� I I Lei I= 1 1p,7-lom 11511,12451 Lei is 0 1111 MEN 31 ora 'Lei 97a Lim 1
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in good standing shall be entitled to one (1) vote per Lot regardless of size. Where more than one (1)
*wner owns and holds a record free interest in a Lot, such Owner(s) may divide and cast portions of th&
ine (1) vote as they decide, but in no event shall the sum total of the votes of the Class A Members
exceed fifty-four (54) votes.
(c) The Board may make such rules and regulations, consistent with the terms of th
Declaration and the Bylaws, as it deems advisable and in compliance with applicable laws, for: (i) a
meeting of Members; (ii) proof of membership in the Association; (iii) evidence of right to vote; (iv) t
appointment and duties of examiners and inspectors of votes; (v) the procedures for actual voting I
person or by proxy or by using "Electronic Ballots" (as defined under Texas law); (vi) registration 0.
as the Board shall deem fit.
i owl WIN W...
NEI N
Ll IN W_ "Will
11MI, Ul 111,111110M 6111 111 MINIMUM
of the Directors.
3.05 Matters Generally Subject of the Vote of Members. Additionally, to the extent that the Board
Mo
ARTICLE IV
------- - --
Ralne
Flo -
I&MIN 111110 611 1 01111,11
the title of every Lot; provided, however, such easement shall not give such person the right to ma
alterations, additions or improvements to the Common Properties.
(b) No later than thirty (30) days after the last day of the Development Period, the Declara
shall convey to the Association record title to any Common Properties to which it then holds record tit
(c) The Owners of the Lots shall be responsible for all Assessments associated with
costs of the maintenance (including landscaping where applicable) of all Common Properties. I
4.02 Extent of Members' Easements. The rights and easements of use and enjoyment create;
hereby shall be subject to the following:
(a) The right of the Association to prescribe reasonable regulations and policies governing
ihe use, operation and maintenance of the Common Properties;
(b) Liens of mortgages placed against all or any portion of the Common Properties with
Common Properties;
(c) The right of the Association to enter into and execute contracts with any party for the
AWA,*W Jq AY1061ft
purposes of the Association;
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(d) The right of the Association to take such steps as is reasonably necessary to protect the
Common Properties against foreclosure;
(e) The right of the Association to levy fines against Owners for non-compliance with this
Declaration or rules and regulations adopted hereunder relating to the Common Properties;
(f) The right of (i) the Declarant or (ii) the Association, subject to the Association obtaining
2X,A,S]1Y2! 04ra iams,
in the aggregate, 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 the
Declarant, or as applicable, such Members;
(g) The right of the Declarant or the Association, at any time, to make such reasonable
amendments to 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
(h) With respect to any and all portions of the Common Properties, Declarant, until Declarant
no longer owns record title to any Lot or the fifteenth (15th) anniversary of the date this Declaration was
recorded in the Official Public Records of Tarrant County, Texas, whichever is the first to occur, shall have
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 and/or maintain the Common
Properties; (ii) rechannel, realign, dam, bridge, bulwark, culvert and otherwise employ or utilize
hilb"iw_9. AN "WOM MWAII90 "I?- wiwl"19 "Wil" "-- 0661ow"_4 I'do"W44-
Idi luets 111 Acritills III dill K111,1.7til-Ildill
whatsoever upon or within the Common Properties; (iv) replat or redesign the shape or configuration of
the Common Properties; and (v) seek and obtain any and all permits, licenses or exemptions from any
and all governmental agencies exercising jurisdiction over the Common Properties and/or the uses or
activities thereon.
4.03 Restricted Actions by Members. No Members shall permit anything to be done on or in thit
the cai5cellati,,ti5if *r the increaseif Airemiyms ftr any ii5syranca carria� �y the Ass-sciat*%*r whichvttyli �,6 ir.
violation of any law or any rule or regulation promulgated by the Board. No Members shall permit anything to b-.
M V -fie ni#A -Figge -61jki.Ag•-1c xy-MajI.I�T
Aa0AJId#J0�J.A ............ F,"*WA til&i,14&%�. . JA#I A � AaLue-J&
ROW
t-CW.
so -OR&M• N Q W '11
UFF-Cp
9.07, caused by the negligence or willful misconduct of the Member or his/her family, guests, and/or invitees.
4.05 Rules of the Board. All Members shall abide by any rules and regulations adopted by the Board.
The Board shall have the power to enforce compliance with the rules and regulations established from time to
Board's rules and regulations shall be liable to the Association for all damages and costs incurred by the
Association as a result of such violation or in regard to the enforcement thereof, including reasonable attorneys'
Fees.
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"I 1TZw=—:n1 0 =Fq REM 0 - 51MV-111TAS) ADAN191TAMR931
11111plij a 0 11 ;MkM1911IN1112
q-;-4,A1prwpiate at us%ret &4�tuty. i rus pr*Tl-�&92111 snaii &e ex Jbliveij 111111te-U LU trie Hrusion, T1
P tential erosion of Denton Creek and the Conservation Easement.
ARTICLE V
all 11M M M-1 a
to receive such monies);
(a) Regular Annual Assessments;
(b) Special Group Assessments, to be fixed, established and collected from time to time as
hereinafter provided; and
Common Properties.
N •
IN Is 0 N I I-11, I
[sit
incurred by the Association pursuant to this Declaration.
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is i. • i/ r. ^i • 4 :• .•.:- #. • •
ssociation's obligation.
�'
determining each .rAssessment,- Board shall separately
Lot in the manner herein provided r each Lotbe charged with and subjected to a lien for the
2mount of such separate Assessment which shall be deemed the "Annual Assessment" with respect to
quch Lot.
• The rate of - be increased by Board.
Board may be permitted at any time during the term of this Declaration to increase the regular Annual
Assessment for •without a vote of r if Fiscal Year to Fiscal Year, but such an
needsadjustment shall not exceed twenty five percent (25%) of the previous Fiscal Year's regular Annual
Assessment. The Board may, after consideration of current maintenance, operational other costs and
the future of the Association,for any year at a lesser
Annualamount than that of the previous year.
(C) The maximum Assessmentmaynot be otherwise increased beyond the
.: � r' : . _.. • i .. '.i ".ri i ::. i to . � ... �. i.' . I+:�: a
shall
be open to the Owners.
(d) The annual maintenance assessments shall • - reasonable amounts,determined
Jig
OWN I
deposited in a separate bank account to be held in trust for the purposes for which they were collected
it are to be to be segregated from and not commingled with any other fundsof • f
Assessments collected as reserves shall not be considered to be advance payments of regular annual
maintenance assessments.
Notwithstanding • herein to the contrary,and its affiliates shall is
excused frompaymentofany Assessments if theDeclarant makesloans"Operating Loans") to the
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Operating •. Operating •. be •. • in full by • i no later than five (5)
years after Declarant made such Operating Loan.
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and personal property related thereto or for any unusual or emergency purpose(s) (including without limitation
those matters arising out of litigation and/or judgments). Any Special Group Assessment in respect to the
Common Properties must have the affirmative approval of more than fifty percent (50%) of the Members. Any
special . • .i assessment leviedby '" Association shall be paid by the Class A Members directly to the
Association on such date or dates as determined by the Board. All such amounts collected by the Association
may only be used for the purposes set forth in this Section 5.05.
5.06 Rate of Assessments. Both regular Annual Assessments and Special Group Assessments
(excepting therefrom special individual assessments) must be fixed at a uniform rate for all Lots.
5.07 Date of Commencement of Assessments; Due Dates. The Annual Assessments shall be due
and (b) different procedures for collecting Assessments from Owners who have had a recent history of being
untimely in their payment of Assessments. Written notice of the applicable Assessment shall be furnished in a
timely manner by the Board to every Owner by mail or personal delivery. The first Annual Assessment shall be
made for the balance of the calendar year in which it is levied.
5.08 • of ♦ Obligation of Owner;
the Association.
� ` ♦ �' !i . " _ ♦.li •'.� i "` ♦ ` .; ` '. i i iii.. " ♦ • ':,
2021 - 202100211531 07115/2021 3-35PM Page 15 of 44
or other monetary obligation shall be unaffected by any sale, conveyance or transfer of a Lot and shall
continue in full force and effect.
(b) No Owner may waive or otherwise escape liability for any Assessment or other monetary
obligation provided herein by non-use of the Common Properties or abandonment of his/her/its Lot. No
diminution or abatement of Assessments or other monetary obligation shall be claimed or allowed by
ox -A i"M I"ff"W 2 1 11-4 "-91 1i _016"•_ W&W-VA W_
Association to comply with any law, ordinance, or with any order or directive of any municipal or other
governmental authority, the obligation to pay such Assessments or other monetary obligation being a
separate and independent covenant on the part of each Owner.
(c) The Association also may give written notification to the holder(s) of any mortgage on the
Lot of the non-paying Owner of such Owner's default in paying any Assessment or charge or other
g -MM -IM -
correct name and address of the holder(s) of such mortgage, and a written request to receive such
notification.
(d) If any Assessment or charge or other monetary obligation or party thereof is not paid
administrative costs involved in handling the account and/or to reflect any time -price differential
assessment schedule adopted by the Association. The unpaid amount of any such delinquent
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(e) In respect to the Lots, the Association may, at its discretion but subject to all applicable
debt collection statues (i) prepare and file a lien affidavit in the Records which specifically identifies the
unpaid Assessments or charges or other monetary obligation(s); and (ii) publish and post, within one or
more locations within the Subdivision, a list of those individuals or entities who are delinquent until and
unless the delinquency has been cured to the reasonable satisfaction of the Association. Each Owner
consents to these procedures and authorizes the Board to undertake such measures for the general
benefit of the Association.
(f) All agreements between any Owner and the Association, whether now existing or
hereafter arising and whether written or oral and whether implied or otherwise, are hereby expressly
h h m n i r
by applicable law, be amortized, prorated, allocated and spread throughout the full term of such
indebtedness until payment in full so that the interest charged, collected or received on account of such
indebtedness is never more than the maximum amount permitted by applicable law. The terms and
provisions of this subparagraph (f) shall control and supersede every other provision of all agreements
between any Owner and the Association.
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5.09 Power of Sale in Respect to Lots. The lien described within the preceding Section 5.09 is and
shall be a contractual Payment and Performance Lien, and may be foreclosed through appropriate proceedings
5.10 Subordination of the Lien. The lien on the Lots securing the payment of the Assessments and
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............ ......... ......... ..........
(b) liens for ad valorem taxes or other public charges as are by applicable made superior to
the Association's lien; and
(c) such other liens s.♦• which the Board may, in the exercise of its reasonable discretion,
elect
::• • subordinate the Association's lien;
5.11 Omission of Assessments. The omission of the Board, before the expiration of any year, to fix
19101'r-111160 W"61,11,10 111811 1115-4911,111111 0 E - 1000 MI - 0 - I
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until a new Assessment is fixed by the Board.
5.12 Exempt Property. The following property subject to his Declaration shall be exempted from any
Assessments, charges and liens created in Section 5.09 hereof
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ARTICLE V11
SjENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION
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voting as a class, shall be entitled to elect one Director to the Board.
(b) From and after the expiration of the Development Period, the affairs of the Association
all of which shall be elected by Class A Members.
(c) The Directors elected by the Class A Members shall be Members of the Association.
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by a vote of the Members as set forth in the Bylaws.
6.02 Powers and Duties.
(a) The affairs of the Association shall be conducted by its Board. The Board, for the benefit
of the Association, the Owners, and the Members, may provide and may pay for, out of the Assessment
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Tor and on Denaif OT ine Association, ine Wwriers ano Me IflelflUelb, Ultill Lllt�
powers and authority granted under this Section 6.01, to act Sir and on behalf of the Association, the
Owners and the Members, and the Association shall reimburse the Declarant for an and all reasonable
expenses incurred in so acting.
(a) The Board may provide and may pay for, out of the Assessment fund($) provided for in
Article V above, one or more of the following:
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6.06 herein;
(ii) Supplementing (to the extent, if any, deemed necessary, appropriate and
affordable by the Board) the police, fire, ambulance, garbage and trash collection and similar
services within the Subdivision traditionally provided by local governmental agencies-,
(iii) Taxes, insurance and utilities (including, without limitation, electricity, gas, water
and sewer charges) which pertain to the Common Properties;
(iv) The services of any Person to manage and/or provide consultation to
Association or any separate portion thereof, to the extent deemed advisable by the Board, and
'IrMNIM � 11 .0
2021 - 202100211531 07115/2021 3-35PM Page 18 of 44
the operation of the Association, whether such personnel are employed directly by the Board or
by the manager of the Association;
M Such fidelity bonds as the Board may determine to be advisable;
(vi) Legal and accounting service (including audit fees) and all costs and expenses
reasonably incurred by the Board;
(vii) Worker's compensation insurance to the extent necessary to comply with any
applicable laws; and
(viii) Any other materials, supplies, furniture, labor, services, maintenance, repairs,
structural alterations, taxes or Assessments which the Board is required to obtain or pay for
pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or
(b) The Board shall have the following additional rights, powers and duties:
(i) To execute all declarations of ownership for tax assessment purposes and to pay
all taxes with regard to the Common Properties;
enter into agreements or contracts with insurance companies, taxing
authorities and the holders of first mortgage liens on individual Lots and utility companies with
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WerTR;e--rF b -I tFIC ^Ttrrla
Assessment applicable to any Lot;
(iii) To borrow funds to pay costs of operation, secured by such assets of the
Association as deemed appropriate by the Board, the lender and the Association;
(iv) To enter into contracts, maintain one or more bank accounts, and generally, to
and the Common Properties;
M To protect or defend the Common Properties, including the Conservation
Easement, from loss or damage by suit or otherwise, to sue or defend in any court on behalf of
the Association and to provide adequate reserves for repairs and replacements;
(vi) To make reasonable rules and regulations for the operation and use of the
Common Properties and to amend them from time to time;
(vii) To prepare an annual operating budget; and to make available for review by each
Owner, upon the written request of the Owner desiring such review, at the Association offices
within ninety (90) days after the end of each Fiscal Year unaudited financial statements for the
Association.
(viii) Pursuant to Article VII herein, to adjust the amount, collect and use any insurance
proceeds to repair damaged or replace lost property; and if proceeds are insufficient to repair
damaged or replace lost property, to assess the Owners in proportionate amounts to cover the
deficiency;
(ix) To provide adequate reserves for maintenance, repairs, operations, taxes and
assessments for the Common Properties, including the Conservation Easement;
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M To engage the services of attorneys and accountants (including an annual audit)
in connection with the business of the Association;
I - 1 0 - INT 111 a jor
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Fey
rules;
(xii) To enforce the provisions of the Conservation Agreement; and
(xiii) To manage the Conservation Easement Fund, as described in Section 9.07,
including the investment and distribution of funds.
(c) The Board is specifically authorized and empowered to establish (and to revis a
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progression OT Tine aff-mants,17nicn,Yrrien prunuancou, 5nah can per1rinleu 111U11111 al ^rssebsme
secured by the continuing contract Payment and Performance Lien herein established.
6.03 Duties of the Board of Directors with Respect to Assessments.
(a) In the event of a revision to the amount or rate of the Annual Assessment for the prii
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Assessments applicable thereto which shall be kept in the office of the Association.
(b) Written notice of all assessments shall be delivered or mailed to every Owner at t
address of the Lot owned by such Owner unless an alternate address is provided to the Association
writing specifically directing the Association where such notices are to be delivered. Each Owner is al
4 A)"V6i;!rdr6 twir lnvr-rs
Lot owned by such Owner.
(c) The omission of the Board of Directors to fix the assessments within the time period s -
forth above for any year shall not be deemed a waiver or modcation in any respect of the provisions
this Declaration or a release of ano Owner from the obliyation t yaW the assessments or any installme'll.
thereof for that or any subsequent year, but the assessment fixed for the precedingyear shall contin
I contin
until a new assessment is fixed.
(d) The Board shall, upon reasonable demand, furnish to any Owner originally liable for a
I
Asiessment, a certificate in writiw si ned b an officer of the Association or the Managing Went setti
m
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of payment of any Assessment therein stated to have been paid. A reasonable charge may be made
the Board for the issuance of such certificate.
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'i t - • i" .� i i - i i i � i
t i • .`tai i� t t t .: i i I.; t•
■i - ■- .; • .err - - •' -' • - . •
r ��� '. it �k l ♦ '• ►�' i f ! • •'•
in such capacity, or • out of person's
The Common Propertiesbe subject to storm water overflow,. bank erosion •'. other
or man-made events or occurrences to extents which cannot be defined or controlled. Under no circumstances
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the Common
Properties.
6.05 Reserve Funds. The Board may establishfunds,. purposes r,Vetermined by the Board, which funds 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. Expenditures from any such fund will be made at the direction of the Board.
-
ARTICLE Vill
by the Board. Such insurance may include, but need not be limited to:
(a) Insurance against loss or damage by fire and hazards covered by a standard extended
excluding foundation and excavation costs;
(c) Fidelity bond for all Directors, officers and employees of Association havin• contr6
*ver the receipt or ' disbursement of • d
Liability . • r the errorsand omissions of r officers,managers,employees. • representatives • : the Association.
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7.02 Insurance Proceeds. The Association, at the direction of the Board, may 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 • the insurance •.,i to the Association, remaining after satisfactory
or replacement, shall be retained by the Association as part of a general reserve fund for repair, restoration,
maintenance and replacement of the Common Properties;
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• repair • replacement.
7.04 Liability Insurance Arrangements. The Association will seek to carry public liability insurance
generally covering bodily injury and property damage arising out of negligent acts by employees, Members or
authorized representatives of the Association. The Declarant and Association will not carry any insurance
pertaining to, nor does it assume any liabilities or responsibly for, the real and personal property of the Owners
and Members (and their respective Residents, family members and guests). Each Owner or Member expressly
understands, covenants and agrees with the Declarant and the Association that:
(a) neither the Declarant nor the Association has any responsibility or • • any kind is
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(1) year after the
• that the damage occurs.
I ne boaro may, In ILS UISGIeLlUH, PrUVIUU 1U1 Lilt: PdJ111t1r1L U1 01111F301152
Member of the Association commensurate with the services being provided to the Association by such member
• the ACC.
(a) No building, structure, fence, wall or improvements of any kind or nature shall •. erect•
placed or altered on any Lot until all plans and specifications have been submitted to and approve
writing by the ACC. Such improvements include but are not limited to the construction or installation
sidewalks, driveways, decks, patios, courtyards, swimming 1•• tennis courts, greenhouse
playhouses, awnings, walls, fences exterior lights, garages, or other outbuildings, nor shall any exteri
addition to or change • alteration therein be made
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and its agents, board members, contractors, etc. shall have immediate access to the private drainage easement
with or without notification to the appropriate Lot Owners, residents, etc.
9.04 Reservation of Easements. Easements over the Lots and Common Properties for the
installation and maintenance of electric, telephone, cable television, water, gas and sanitary sewer lines and
drainage facilities are hereby reserved by the Association, together with the right to grant and transfer same.
9.05 Wall and Landscape Easement. An easement of varying width has been established on the
I , j,111 jvl J�e 11 illeV loidsci"Id i ri akga
on or adjacent to such Owner's Lot. It is the responsibility of each Owner to maintain that portion of the
retains the right to enter upon the Property and perform such maintenance as necessary.
9.06 Universal Easement; Encroachments. Each Lot and its Owner is hereby declared to have an
easement, and the same is hereby granted to Declarant, over all adjoining Lots and Common Properties for the
or shifting of the building, or any other cause.
(a) There shall be easements for the maintenance of any encroachment, settling or shifting;
however, the easement shall not exceed one foot (1') in width unless otherwise granted by the ACC.
(b) In the event a structure on any Lot is partially or totally destroyed and then repaire• M1
I
rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots sha I be perml
and there shall be easement for the maintenance of any encroachments so long as they shall exist.
M There shall be an easement for minor encroachments (not to exceed three feet (T)
width) by overhanging roofs and eaves as originally constructed over each adjoining Lot and/or t
Common Properties.
pass with each conveyance of said Lot. Notwithstanding the foregoing, in no event shall an easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful
misconduct of said Owner or Owners.
9.07 Conservation Easement. Notwithstanding anything to the contrary in this Declaration, them
shall be an easement located on Lots 6 and 7, Block X of the Common Properties that shall be exclusively
designated for the environmental, bank stabilization, and floodplain protections conservation, stab and
protection of the banks of Denton Creek. The land for this easement shall be owned by the Association;
however, the easement shall be managed according to the terms set forth in the Conservation Agreement,
which is set forth in Exhibit
(a) Duration. The Conservation Easement shall run with the land in perpetuity. It shall b: -
r •I
gineering controls and hardscaping.
(ii) Per Section 4(a) of the Conservation Agreement, there shall be no construction
of roads, trails or walkways on the Property; nor, any enlargement, widening, improvement or
modification to any existing roads, trails or walkways, as identified in Exhibit
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(iii) Per Section 4(p) of the Conservation Agreement there shall be no dumping or
storing •: any material, such as trash, wastes, ashes, sewage, garbage, scrap material,
sediment discharges, oil and petroleum by-products, leached compounds, toxic materials or
fumes, or any hazardous •
(c) Enforcement. In the event a Member violates any provision set forth in the
Conservation Agreement, the Member shall be required to reimburse the Association for any costs of a
breach of the Conservation Agreement, which may include court costs and attorney's fees.
(d) Conservation Easement Fund. Declarant shall create a Conservation Easement Fund
upon commencement of the development. The Conservation Easement Fund shall be used exclusively
for the stabilization and maintenance of the banks of Denton Creek and the repair of any slope failures
at Denton Creek on the Property. The monies included in the Conservation Easement shall be invested
in an interest-bearing • • • low-risk investment account • the Fidelity Magellan Fund) as
determined by the Board. Funds from the Conservation Easement Fund shall not be co -mingled with
other Association monies. Funds shall be distributed for the following expenses:
(i) Maintenance, repairs and other expenses necessary to protect the
Conservation Easement;
(ii) All expenses incurred by the Association in the event of erosion and/or a slope
failure at the banks of Denton Creek;
(ill) All expenses required to enforce the Conservation Agreement; and
(iv) Any income tax required for monies earned on the investment of Conservation
Easement Fund in an interest-bearing account or other investment account.
(e) Hold Harmless Agreement. Under no circumstances shall the Declarant or the City of
Coppell be held harmless for any future erosion or slope failure at the banks of Denton Creek. Each
purchase of a Lot in the Property shall be required to provide a hold harmless agreement by separate
instrument, which shall state that the City
• Coppell and the Declarant are not liable for future erosion
of tWe b-�?i�s • Deiton Creft�.
ARTICLE X
...............
Cal
lone bijilder.
Ii[1X1k,=:M3E =041uno M* - 0 - I .
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7-A91 0011 IU�I MIEH @I LIM RA!117�A*M I AZI4 0 2 A 4 1 0 Z
permitted by the ACC. No inoperable vehicles, no stored vehicles, or vehicles not utilized on a daily bas
shall be permitted to be parked or stored in driveways. Any vehicle parked in violation of this section
parking rules promulgated by the Board may be towed.
Tr rUTIAIng or ruilITARglieriUM Man CRT*
the streets within or adjoining the Property or from any other Lot.
10.05 Garbage and Trash Collection. All garbage shall be • in • bags • other •
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piasuc or ruasonq materlaiT UILI 1 UYI R1111MI lig AIM *1 VU ICF UVI ILdII ICI Z5 dXAI1QtTeI. XJ LI 1C %, 1 Ly d r I, RIC
maintained in a clean and sanitary condition. An Owner may place trash on the street curb abutting his/her/its Lot
only on those days designated by the City as trash collection days; provided, however, such trash must be kept
neatly contained in a sanitary, tightly -sealed metal, • • other container.
10.06 Temporary Structures. No temporary structure of any kind shall be erected or placed upon any
Lot. Temporary Structures shall include, but not be limited to, any garage, servant's house, modular •:
prefabricated home, shed or other improvement erected more than one hundred twenty (120) days prior to
completion of the main portion of the single-family dwelling unit. However, upon receiving the prior, express
written approval of the ACC, any bona -fide homebuilder may maintain temporary sales or construction offices,
provided such sales or construction offices are removed within sixty (60) days after completion of sales or
construction, as the case may be.
10.07 Window Treatments. No aluminum foil, reflective film, signs or other offensive treatment, as
determined by the ACC, shall be placed on windows or glass doors.
10.08 Window Coolers. No window or wall type air -conditioners or water coolers shall be permitted to
be used, erected, placed or maintained on or in Structure on any part of the Property.
10.09 Landscape Maintenance.
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law* oil
lot or the Common Properties. No garbage, trash, debris, or other waste matter of any kind shall be
burned on any Lot. Each owner shall be responsible for the appearance and condition of such Owner's
Lot.
(b) Each Owner is advised that there are no express or implied warranties as to the life
expectancy, vitality or fitness for intended purpose of any trees located on the Property.
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01"9110111110491 P_ I" I low I �1 I a 11910911pa-M
(18") so long as it is completely screened from any street. The location of all satellite dishes shall be subject to
the prior written approval of the A.
10.11 Solar Energy Devices. Solar energy devices shall be permitted on any Lot with the written
approval of the ACC. No solar energy devices shall be installed without the consent of ACC, which may be
hall not be viewable from am, street or common area unless
otherwise approved by the ACC. Solar energy devices installed on roofs shall be installed in a pit or on a roof
plane hidden from street view, which shall be determined at the discretion of the ACC.
10.12 Rain Barrels and Rain Harvesting Systems. Two (2) rain barrels shall be permitted on each
Lot. One (1) rain barrel may be located on the front elevation of the house. Corner lots may have two (2) rain
elevation �,one ,:er street,). Rain barrels mav, also be located in the rearyard.
The type, finish and location of the barrel shall be approved by the ACC. All barrels shall be finished with a subtle
color. Other rain harvesting systems shall be permitted but must be approved by the ACC so as to ensure the
system keeps with the aesthetics of the Subdivision.
10.13 Playground Structures and Athletic Facilities. No playground structures, tennis courts,
basketball goals or backboards, or any similar recreational or sporting equipment of either a permanent or
temporary nature shall be permitted unless approved by the ACC.
10.14 Clotheslines. No clotheslines shall be erected or installed and no clothing, linens or other
material shall be aired or dried so as to be visible from the street.
10.15 Holiday Lighting. Traditional holiday lighting may be displayed for forty-five (45) days prior to
and one (1) month after any commonly recognized holiday for which such lights are traditionally displayed.
10.16 Exterior Sculptures and Similar Items. No exterior sculpture, fountains, flags, birdhouses,
birdbaths or other similar items shall be permitted unless approved by the ACC.
10.17 Sign and Flags Related to Individual Lots. No sign, flags or flag poles shall be displayed to
pki
(a) Declarant's Signs. Declarant my erect and maintain a sign or signs deemed reasonable
and necessary for construction, development, operation, promotion, leasing and sale of Lots;
(b) Builders'Signs. Any Builder may utilize one professional sign, as approved by the ACC,
of not more than six (6) square feet per Lot for advertising and sales promotion of the dwelling unit on
such Lot. A Builder may also erect a monument type sign on its model Lot(s) not to exceed forty (40)
square feet.
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(c) For Sale Signs. An Owner may erect • (1) dignified "For Sale" sign • not more than
size (6) square feet in size for the advertising of a property for sale.
(d) Political Signs. Political signs not larger than four (4) square feet may be erected upon
a • • the Owner of such Lot advocating the election of one •.: more political candidates • the
♦: W�4-2.&WWI -A*%Q-*,27,
thirty (30) days in advance of the election to which they pertain and shall be removed with five (5) days
after such
•
(e)
• Flags. The patriotic display • flags not exceeding 3' x 5' in size shall be
permitted. Patriotic flags may be mounted on the home or displayed on a brushed aluminum pole not
to exceed twenty feet (20') in height. The location and mounting of the flag shall be approved by the ACC.
M Religious Signs. Religious signs may be placed on the entry door to any residential
improvements, provided that such sign does not (i) threaten the public health or safety, (ii) violate a law,
.iQ, contain lanFiLa6v-enFrayhics- or an i V, that is yatentlk, offensive to a
other than the entry r•• or door frame ♦ extends •. the outer `r•` of the •••' frame • the •
or resident's dwelling.
i......... ............
without liability for trespassing • any other liability for such removal.
10.19 Mailboxes. Declarant shall build cluster mailboxes within the Common Properties or within the
street right-of-way (behind the curb) and they shall be maintained by the Association.
10.20 Drilling and Mining Operations. No oil drilling, natural gas drilling, water drilling or development
o-,werations • r fin i'nWiMaErrAn&DLmmLnv-owerations • anirA kind shall •` termitted
oil wells, water wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. Noderrickor
other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted
upon any Lot.
10.21 Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot is hereby expressly
rohibited, excewt as mg be necessa� in conjunction with landscapin or construction of im rovements thereon.
0 0:01RIUM OrInsileM 1141111 el(didL1111115, 11 d[IJ, CZ5Ld&J151ICII 12:11 LFIC r-IUL VI 5111114VII VII UIC IC;Ws�t[IICNL grdlilly "In"
be maintained at all times, unless a variance is secured by the Owner from the ACC.
10.22 Offensive Activities.
(a) No noxious or offensive activity or pollution affecting sight/sound/smell, as determined by
the ACC, shall be conducted or permitted on any portion of the Subdivision. Excluding activities of the
Declarant and bona -fide homebuilders, no direct sales activities, garage sales, yard sales, patio sales,
flea markets, bazaars, sample sales, promotional dinner parties or similar activities shall be conducted on
any portion • the •f
(b) Any noise or odor emitted by, and any discharge or waste from, any animal (including
without limitation dogs and cats) which can be seen, heard or smelled outside the perimeter of the subject
Owner's (or Resident's) Lot shall be deemed noxious and offensive and is therefore prohibited. No
animals, livestock or poultry of any kind shall •^ raised, bred or kept on any Lot, except that dogs, cats or
other household pets (not to exceed three (3) adult animals) may be kept, provided that they are not kept,
bred • maintained for commercial purposes and that they are not noxious, • vicious •:
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dischar6e a�d waste of any pet.
I I • , • • 1 -
(a) The Common Properties (including the streets, structures and landscaping comprising
portions of the Common Properties) are described, in part, on Exhibit "B" attached hereto. All landscaping,
A4ace-1-ir ani
maintained • the Association.
(b) The Farmhouse on Lot 2, Block X shall be used exclusively as an amenity to thin
Association. It shall all no time be used as a residence or retail business; however, the Association shall
be permitted to sell botanical gardening materials from time to time.
10.24 Retaining Wall Maintenance and Repair. In the event a retaining • on a Lot is damaged •
fails, it shall the responsibility of the Lot owner to repair the retaining wall at the Owner's expense. In the event
the Owner does not repair the retaining wall, the Association shall have the right to repair the wall in a good and
workmanlike manner and charge the expense (including a fee) to the Lot Owner. The City • Coppell shall not •,
responsible for the repair of any retaining wall on the Property.
ARTICLE XI
4,91 C UCTIOV 'RESTRICTIO
Hal I
[pis WIN 1116011 0 No
eigni nunurel kz-,6,11111) Sqtar
shall be covered ground floor area.
ILILL'o
-6 N "0011 OWN I IN Val
owned by such Owner. In the event three (3) lots are replatted to form two (2) lots, the Owner of each of the
replatted •: shall be entitled to 1.5 votes. Any such consolidation shall •i 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 • the use • such easements. Combining • portions •': Lots into a single building site is prohibited.
11.03 Setback Requirements. All front, side and rear setbacks must be approved by the ACC and
must meet the requirements of the City of Coppell and the requirements of the Plat. The setback shall be as
follows:
(a) Front yard setbacks shall be twenty-five feet (25') on all Lots unless otherwise noted on
the Plat. Detached Structures and hardscapes shall be permitted in the front yards;
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(b) Rear yard setbacks shall be twenty feet (20') on all Lots unless otherwise noted on the
Plat; and
(c) Side yard setbacks shall be seven feet (7') unless otherwise noted on the Plat.
Swimming pools, spas, fountains and other approved water features shall have a minimum setback of
three feet (3') from all property lines.
116111161011aw, VNIVIMINVIII i YN
11.04 Electrical Service. Each residential structure shall have installed on the outside wall thereof an
electrical service riser conduit, the location and length of such conduit shall not face the street.
.1 .14 11 IMM M • 0
IIIWII�' OYAMI'mmomw - 101. 1—
I w, WILIM7114161101 NEW UIN N 01-1 IVACIIIIII&I'Miler-Al 'DwOr.] 112 ` f O•I&I I L0ITLftW1jJULL*.A6@ IN 1 If OJ i 1MIM A I! rt
i I KID= nUM =-. rl
7.pproval of the ACC.
(b) Stucco shall be 7/8" conventional stucco over wood -framed walls. Stucco shall
reinforced with metal lath and an elastomeric topcoat. Stucco colors shall be earth tones.
(c)
..'i .• consisting of masonry, wood, stucco and/or decorative metal courtya
wingwalls shall be permitted. However, all such hardscapes shall have a maximum height of eight fe
(8') and shall be installed behind the front setba
Ao ck.
a
(d) The use of various roofing materials within the subdivision shall be permitted; howev
no roofing material shall be used without first obtaining the ACC's written approval of same. The A
will only approve roofing materials which are of a quality consistent with the exterior design, color a
appearance of other improvements within the Subdivision. All roof pitches shall be carefully reviewed .1
the CC t•ensure the massing of the home is compatible with the overall architecture of om-
the h
Exterior paint and stain colors shall be subject to the written approval of the ACC.
0 'i
1 W 0- 1 Id 'it 0 a.
1
11.08 Garages. Each residential dwelling erected on any Lot shall provide garage space for a minimum
the aaraqOAi2ace. All garaae doors shall be a eaUIDDed with an automatic and remote-controlled ddoo Moener
Ir
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occur thereunder. 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 porte-cochere. The style and design of any and all proposed
garages shall be subject to the Design Guidelines. Any and all proposed garage plans and specifications must
be submitted to the ACC for review and approval, Additionally, no garage shall ever be changed, altered,
reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles unless
approved in writing by the ACC.
11.09 Driveways and Sidewalks. Each Lot must be accessible to the adjoining street by a driveway
and approved in writing as to design, materials and location by the ACC before the residential structure located
on such Lot may be occupied or used. No driveways or roadways may be constructed on any Lot to provide
access to any adjoining is except as expressly provided on the Plat, or otherwise approved in writing by the
ACC. All sidewalks along all Lots are to be built at the time of the house construction. Sidewalks along the
Common Properties are to be built during the development of the Subdivision.
11.10 Landscaping, Sprinkler System, and Maintenance.
(i) All trees planted in the Subdivision shall be selected from the approved tree
species as detailed in ACC;
(ii) Each Lot shall plant a minimum of 2 trees not less than 4 inches DBH (diameter
at breast height) in the front yard;
(iii) Each corner Lot shall plant a minimum of 4 trees not less than 4 inches DBH
(diameter at breast height) in the front yard; and
(c) Each Lot shall have and contain an underground water sprinkler system for the purposi-,-
of providing sufficient water to all yards as required by the Design Guidelines.
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11.13 Exterior Lighting. No exterior lighting, including landscape lighting, shall be installed or
Further, and notwithstanding such prior written approval, upon being given notice by the ACC that any exterior
the same in such a way that it is no longer objectionable.
11.14 Swimming Pools. No above ground -level swimming pools shall be installed on any Lot. This
provision is not intended to prohibit inflatable pools, no greater than twenty-four inches (24") in depth, typically
used by toddlers.
11.15 Site Maintenance During Construction. Owners of Lots and any Builder contracted by Owner
clear of any mud accumulation as promulgated in the Design Guidelines. Owners and their respective Builders
shall not be allowed to store any excavation of soil on streets or adjacent sites. Soil runoff due to rain or irrigation
shall be removed promptly from streets and sidewalks by the Owner in questions.
11.16 Length of Construction. All exterior construction of the primary residential structure, garages,
porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior
and operational, all cabinet work, all interior walls, ceiling, and doors shall be completed and covered by paint,
wall a H or the like and all floors covered b wood car at tile or other similar floor cov
ARTICLE X11
12.01 Duty ofMaintenance. The Owner ofeach Lot shall, odthe Owner's sole cost and expense,
keep the Owner's Lot and all improvements therein and thereon, in a well-maintained, safe, clean and attractive
condition sdall times. Such maintenance including, but isnot limited to, the following:
(m) Prompt removal mJall litter, trash, refuse and waste;
(b) Mowing offenced inyards:
(o) Tree and shrub pruning infront, rear and side yards which front epublic way;
(d) Adequately watering all landscaped areas;
(e) Keeping exterior lighting and maintenance facilities inworking order;
(D Keeping lawn, garden and landscaped areas alive, free of weeds, and attractive;
(g) Keeping parking areas, driveways and |wodvva|hoingood repair;
(h) Complying with all government health and police requirements;
(i) Prompt repair of exterior damages toimprovements, including retaining walls; and
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12.02 Enforcement. If, in the opinion of the Association, any Owner has failed in any of the foregoing
tytic-s*r resA#nsi•ilities, th6n th6XS&_iziati*11 nlay giY6 *wna-r writtan niticz *f sy.ch faily.re z -AV. syjch *=&r
(a) Fines for non-payment of Assessments shall be set at fifty dollars ($50.00) for every
rfteikssessments are due and
piI IN 1 11
compounded annuaiiy, on Me amount of frie ine Daj ME R111 ^RRORRIMSM
are due and until the Assessments are paid in full. Owners shall also be responsible for reasonable legal
costs, including attorneys fees, incurred by the Association for non-payment of Assessments
proceedings).
(b) Fines for not maintaining a Lot or dwelling unit according to the standards set forth in
to an acceptable condition.
(C) Fines for improvements on a Lot or dwelling unit without the prior written consent of the
ACC shall be set at one hundred dollars ($100.00) per week until the improvements are removed or
.•r;•: `• rn-Fditiai. If tMAwocWtiow Rr ACC is reRuired to remove or restore the proge v
to the onginai conanion in accoruance WILM SUM1511 6.1674 le resporism
incurred by the Association to remove or restore the property in addition to the fine.
(d) Fines for all other violations shall be set at one hundred dollars ($100.00) for the fi rst
violation, two hundred dollars ($200.00) for the second violation and three hundred dollars ($300.00) for
every additional violation. Fines for violations described in this paragraph (d) shall be tallied on a yearly
basis. Fines shall be reset at the beginning of each calendar year.
1MISM1111- TT 0
TAMIL
&I FAM
1671704-311R.Ms MUM .MitMill
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1 ffguam U M MEN ffffiw. reT.WaTil a i
"TIM
NO
luerillual P0, rIgrI15 III all ret5peulb, Inutuing Ou =119
the
• of foreclosure.
= -M NNUMNAW-A
11111 "11, US
the ACC without prepayment of the ACC fee. The following fees shall be established:
(a) The ACC fee for a new home submittal and one re -submittal for the same home by a
Builder shall be seven hundred fifty •• ($750.00).
(b) The ACC fee for submittals for ffiajor Improvements shall be three hundred dollars
($300.00). "Major Improvements" shall be herein defined as an addition, pool, or arbor. This fee shall
include one re -submittal to correct any comments from the ACC. Subsequent re -submittals shall be
considered new • for the •• • this fee.
104�1 MITZWOlfilzme
ARTICLE XIV
T
the Bylaws, or the Association (collectively "Claimexcept for • Claims authorized in Section 14.02, shall
before any administrative tribunal seeking redress or resolution of such Claim.
14.02 • Claims. The following Claims ("Exempt Claims") shall be • from the provisions of
Section 14.03:
•zmsa.i. :1•11VIIIINT11 •F1111•TE11
a
(b) Any suit by the ACC or the Association to obtain a temporary restraining order
order to maintain the status quo and preserve the ACC's or the Association's ability) to enforce t
provision of Article X (Protective Covenants) and Article X1 (Architectural Standards); and I
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(c) Any suit arising out of any written contract between Owners (other than Declarant) which
would constitute a cause of action under the laws of the State of Texas in the absence of the Declaration
and Bylaws of the Association.
Any Bound Party having an Exempt Claim may submit it to the alternative dispute resolution procedures
set forth in Section 14.03, but there shall be no obligation to do so. The submission of an Exempt Claim
involving the Association or the ACC to the alternative dispute resolution procedures of Section 14.03
shall require the approval of the Association or the ACC, as applicable.
14.03 Mandatory Procedures for All Other Claims. All Claims other than Exempt Claims shall be
resolved using the following procedures:
(a) Notice. Any Bound Party having a claim ("Claimant") against any other Bound Party
("Respondent"), other than an Exempt Claim, shall notify each Respondent in writing of the Claim (the
"Noticestating plainly and concisely:
(i) The nature of the Claim, including date, time, location, persons involved and
Respondent's role in the Claim;
(ii) The basis of the Claim (i.e., the provision of this Declaration, the Bylaws or rules
or other authority out of which the Claim arises);
(iv) That the Claimant wishes to resolve the Claim by mutual agreement with
Respondent and is willing to meet in person with Respondent at a mutually agreeable time and
place to discuss in good faith ways to resolve the Claim.
(b) Negotiation.
W Each Claimant and Respondent (the "Parties") shall make every reasonable
effort to meet in person and confer for the purpose of resolving the Claim by good negotiation.
(ii) Upon receipt of a written request from any Party, accompanied by a copy of the
Notice, the Board may appoint a representative to assist the Parties in resolving the dispute by
negotiation, if in its discretion it believes its efforts will be beneficial to the Parties and to the
welfare of the community.
(c) Mediation.
(i) If the Parties do not resolve the Claim through negotiation within thirty (30) days
of the date of the Notice (or within such other period as may be agreed upon by the Parties)
42.T.v aWr)rrq*v)**#,
submit the Claim to mediation under the auspices of any dispute resolution center or other such
independent agency providing similar service in the same geographical area upon which the
Parties may mutually agree.
(ii) If Claimant does not submit the Claim to mediation within thirty (30) days after
Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and
ResWIent-shaVVe-rele-as-ef a&f iiscXargei frtm 2;�yz�,l .211 H2�,ility ts Q,12im2M 2cc4,yAt If
such Claim; provided, nothing herein shall release or discharge Respondent from any liability to
Persons nor a Party to the foregoing proceedings.
(iii) If the Parties do not settle the Claim within thirty (30) days after submission of
the Ar.,?.Xer ts the meii?ti*A �)rvcess, tr witXiA sucX time,2s letermixe,1 re?.siix2�le vr,?.A,X,r*Ari2te
by the mediator, the mediator shall issue a notice of termination of the mediation proceedings
("Termination of Mediation"). The Termination of Mediation notice shall set forth when and
2021 - 202100211531 07115/2021 3-35PM Page 37 of 44
where the Parties met, that the parties are at an impasse, and the date the mediation was
terminated.
or "take nothing" Settlement Offer.
rror
- livillill'i
(a) Each Party shall bear its own costs incurred priorto and during the proceedings described
.n Section 14.03, including the fees of its attorney or other representative. Each Party shall share equally
charges rendered by the mediator(s) pursuant to Section 14.03.
(b) Each Party shall bear its own costs (including the fees of its attorney or other
representative) incurred after the Termination of Mediation under Section 14.03(c) and shall share equally
in the costs of conducting the arbitration proceeding (collectively, "Post Mediation Costs"), except as
otherwise provided in Section 14.04(c).
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r-MOINMIlm Witte
borne equally by all such Claimants.
14.05 Enforcement of Resolution. If the Parties agree to a resolution of any Claim through negotiation
*r mediation in accordance with Section 14.03 and any Party thereafter fails to abide by the terms Of SUGh
Rgreement, or if any Party fails to comply with the terms of any award following arbitration, then any other Party
Party, from all such Parties pro rata) all costs incurred in enforcing such agreement or award, including, without
limitation, attorneys fees and court costs.
14.06 Commencement of Litigation. Any litigation by the Association other than the Exempt Claims
set out in Section 14.02 or any arbitration against the Declarant shall both require an affirmative vote of seventy -
to the institution of such action. Notwithstanding any other provision herein to the contrary, under no circumstance.
be pursuant to arbitration as set forth in this Declaration.
action under the Texas Residential Property Owners Protection Act, Chapter 209 of the Texas Property Code (the
"Owners Protection Act") shall be subject to all the applicable provision of the Owners Protection Act. To the
extent of any conflict between the enforcement provision of this Declaration and provisions of the Owners
Protection Act, the Owners Protection Act shall be controlling.
15.01 Further Development. During the Development Period, each and every Owner, Member and
Resident waives, relinquishes and shall not directly or indirectly exercise any and all rights, powers or abilities,
and the Association shall not devote or expend any monies or personnel, regarding the contest, objection to,
challenge, dispute, obstruction, hindrance or any manner of disagreement with the proposed or actual
of the Zoning Ordinance.
this Declaration requires the assent of a certain number of Members as a condition to such action, such assent
has been obtained:
(a) to exercise, do or perform any act, right, power, duty or obligation whatsoever in
connection with, arising out of, or relating to any matter whatsoever involving this Declaration and the
(b) tmsign, execute, acknowledge, deliver and record any and all instruments which modify,
amend, change, enlarge, contract orabandon the terms within this Declaration, orany part hereof, with
such dauee(a), recital(s), covenant(s), agreement(s) and restriction(s) as Declarant shall deem
necessary, proper and expedient under the circumstances and conditions as may be then existing; and
BlackbenyFannCCRm-Poge 34
2021 - 202100211531 07115/2021 3-35PM Page 39 of 44
amena, cnange, eniarge, c•ntram ol aDarmull U I U Z5 il I•=
with any easements and rights-of-way to be therein contained as the Declarant shall deem necessary.
proper and expedient under the conditions as may then be existing.
The rights, powers and authority of said attorney-in-fact to exercise any and all of the rights and powers
herein granted shall commence and be in full force upon recordation of this Declaration in the Real Property
Records of the County and shall remain in full force and effect thereafter until all Lots owned by Declarant have
been sold and conveyed to Builder(s) and/or Class A Members.
15.03 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
Owners of any Lot, their respective legal representatives, heirs, personal representatives, successors and
th
i advance of the effective date of such abolishment.
15.04 Amendments. The Covenants set forth herein are expressly subject to change, modification
and/or deletion by means of amendment, at any time and from time to time, on the following basis:
(a) During the Development Period, the Covenants may be amended or changed upon th,.z
��xpress written consent of the Board without the approval of any Owner, Member or Resident;
(b) From and after the expiration of the Development Period, these Covenants may be
2
of the Lots;
(c) Any and all amendments shall be recorded in the Records of the County.
15.05 Registration with the Association. Each and every Owner, Member and Resident shall have
fails, neglects or refuses to so provide, revise and update such information, then the Association may, but is not
required to, use whatever means it deems reasonable and appropriate to obtain such information, and the
offending Owner, Member or Resident shall become automatically jointly and severally liable to promptly
reimburse the Association for all reasonable costs and expenses incurred in so doing.
me] •I^ isl ig a SUM 10 -
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these
• but failure by the Association or any Owner to enforce any • herein contained shall in
• event be deemed a waiver • the right to •t so thereafter. With respect to any litigation hereunder, the
prevailing party shall be entitled to recover all costs and expenses, including court costs and reasonable attorneys'
fees, from the non -prevailing party.
15.07 Validity. Violation of or failure to comply with these Covenants shall not affect the validity of any
mortgage, bona fide lien or other similar security instrument which may then be existing on any Lot. Invalidation
of any one or more of these Covenants or aw wortions thereof, W a iudwment or court order shall not affect an
ppr
TY ine vltner.�l p Velld[IUS Ileteill UFFILdIFIel, ';:IIIUII 5IIdII legildill IH T111 IIFIL;e dF1U U111JU. III UIU u'111111 dIIj
Altilitn'tif thaS6 City6nants etn,6icts with manfattry Xr*,:,isitns if a6y *nfinane6 • vzgylatiin Ainjimy.ligateif �ythe
City (including, without limitation, the Zoning Ordinance), then such municipal requirement shall control.
15.08 Headings. The headings contained in this Declaration are for reference purposes only and shall
not in any way affect the meaning or interpretation of this Declaration. Words of any gender used herein shall be
A*M !r*1*Ui44-T4, AUL& r i
vice versa, unless the context '•. otherwise. Examples, illustrations, scenarios and y•i situations
mentioned herein shall not constitute an exclusive, exhaustive •, limiting list • what can • cannot be •i
15.09 Notices to Member/Owner/Resident. Any notice required to be given to any Member, Owner
• Resident of a Lot under the provisions of this Declaration shall be deemed to have been properly delivered
who appears as a Member, Owner or Resident on the records of the Association at the time of such mailing; or
when (ii) delivered by hand or by messenger to the last known address of such Person within the Subdivision.
15.10 Notices to Mortgagees. The holder(s) of a mortgage may be furnished with written notification
from the Association of any default by the respective mortgagor/Member/Owner in the performance of such
- t - fi irni-qhpri in wriling with 4-1, and address of such mortuage, holder(s) and a request
to receive such notification and a reasonable supply of self-addressed, stamped envelopes.
15.11 Inspection of Books. The Association shall have current copies of the Declaration, Articles,
Bylaws, rules and regulations, books, records and financial statements available • inspection • Owners or
eligible mortgagees during normal • hours or under • reasonable circumstances and for a proper
Association purpose.
15.12 Attorney's Fees. All attorneys' fees incurred by the Association or the Declarant in the
en4rc6m6nt -jif this Xaclaratitn shall �16 the. i4ligati,,in if the #wner am -4 twmers agrees t# A2y all syc:� 2ttirrWs�
fees incurred • the Association and/or ■
15.13 Superiority of the Plat. The requirements and provisions set forth in the Plat shall supersede
this Declaration, the ACC Guidelines, and any other restriction established by the Association. In no event shall
interQreted to rohibit encourace or discourao,2_a_n,%! item that may directItt conflict with
the provisions set forth in the Plat and the applicable Zoning Ordinance(s) approved by the City of Coppell.
15.14 Termination of and Responsibility of Declarant. If Declarant shall convey all of its right, title
011M, 1pllil* i'll lip, 11161,11;0 1. IN K1111101j"IN IIW' A
_ _10 _41511V
Kly-1011110A _ __Wj�jj1jd4j; 1 0 Ili mfflm�
026 - 101111KNIM49 ejIL!,rallinglijoinut:19 - -a
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MI,
M&TDEVELO E INC.
a Texas Limit nership
By:
Terry Holmes, President
STATE OF TEXAS
i U N TY • a-,+1,
This instrument was acknowledged before e /�4>�day of July 15, 2021, by Terry Holmes as
President of Developers, Inc. 7
I
- - rr-
I
2021 - 202100211531 0711512021 3:35PM Page 42 of 44
• Texas, according to the •l record in Instrument No. 202100152331 • the Official •
Records •; Dallas County, Texas.
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EXHIBIT "B"
Lot 1, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 2, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 3, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according •
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 4, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas according t
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 5, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 6, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 7, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Lot 8, Block X of Blackberry Farm, an Addition to the City of Coppell, Dallas County, Texas, according
the plat record in Instrument No. 202100152331 of the Official Public Records of Dallas County, Texas
Blackberry Farm GGRs - Page 38
Recorded On: July 15, 2021 03:35 PM
Total Recording: $194.00
2021-202100211531 07/15/2021 3:40 PM Page 44 of 44
Dallas County
John F. Warren
Dallas County Clerk
Instrument Number: 202100211531
eRecording - Real Property
Number of Pages: 44
" Examined and Charged as Follows: "
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
202100211531
20210715001153
Recorded Date/Time: July 15, 2021 0335 PM
User: Lynn G
Station: CC18
Record and Return To:
eRecording Partners
400 Second Avenue South
Minneapolis MN 55401
STATE OF TEXAS
`OVHTY, % COUNTY OF DALLAS
* I hereby certify that this Instrument was FILED In the File Number sequence an the date/time
i printed hereon, and was duly RECORDED in the Official Records of Dallas
County, Texas.
John F. Warren
Dallas County Clerk
Dallas County, TX