OF
SHADOW RIDGE SOUTH HOMEOWNERS ASSOCIATION
I, the undersigned natural person of the age of 18 years or more and a United States citizen, acting as incorporator of a corporation under the Texas Non-Profit Corporation Act, do hereby adopt the following Articles of incorporation for such corporation.
The name of the corporation is Shadow Ridge South Homeowners Association, Inc.
The corporation is a nonprofit corporation.
The period of its duration is perpetual.
The corporation is organized to improve, beautify, maintain, manage and operate the common properties and the common facilities within a tract of land in Flower Mound, Denton County, Texas known as Shadow Ridge South, which has been subdivided according to the subdivision plat filed or to be filed in the Map or Plat Records of Denton County, Texas and such other additions as may hereafter from time to time be brought within the jurisdiction of the corporation (the “Subdivision”); to provide for architectural control of the lots within the Subdivision; and to promote the recreation, health, safety, convenience and welfare of the members of the corporation, in furtherance of such purposes, the corporation shall have the power to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions pertaining to the Subdivision and recorded in the public records of Denton County, Texas, as the same may be amended or supplemented from time to time, and further shall have and may exercise any and all powers, rights and privileges that a corporation organized under the Texas Non-Profit Corporation Act may now or hereafter have or exercise.
The street address of the initial registered office of the corporation is 2911 Turtle Creek Boulevard, Suite 840, Dallas County, Texas 75219, and the name of its initial registered agent at such address is Earl Merrell.
The corporation shall have members. The designation of any classes of members, the manner of election or appointment and the qualifications and rights of the members of each class shall be set forth in the Bylaws.
The number of directors constituting the initial Board of Directors is three (3), and the names and addresses of the persons who are to serve as the initial directors are:
Earl Merrell
2911 Turtle Creek Boulevard, Suite 840
Dallas, Texas 75219
Ronald N. Haynes, Jr.
2911 Turtle Creek Boulevard, Suite 840
Dallas, Texas 75219
Linda Bednarz
2911 Turtle Creek Boulevard, Suite 840
Dallas, Texas 75219
The name and address of the incorporator is as follows:
Vicky Pogue Gunning
2200 Ross Avenue
Suite 900
Dallas, Texas 75201
No part of the net earnings of the corporation shall inure to the benefit of any member, director or officer of the corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its purposes set forth in Article IV above), and no director or officer of the corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets on dissolution of the corporation. NO substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publication or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.
To the extent not disallowed by applicable Federal tax laws, no director of the corporation shall be liable to the corporation for monetary damages for an act or omission in the director’s capacity as a director, except for liability of a director for (i) a breach of a director’s duty of loyalty to the corporation, (ii) an act or omission not in good faith or that involves intentional misconduct or a knowing violation of the law, (iii) a transaction from which a director received an improper benefit, whether or not the benefit resulted from an action taken within the scope of the director’s office, or (iv) an act or omission for which the liability of a director is expressly provided for by statute. If the Texas Non-Profit Corporation Act, the Texas Miscellaneous Corporation Laws Act, or other applicable law is amended after adoption of these Articles of Incorporation to authorize corporate action further eliminating or limiting the liability of directors, then the liability of a director of the corporation shall be eliminated or limited to the fullest extent permitted by the Texas Non-Profit Corporation Act, the Texas Miscellaneous Corporation Laws Act, or other applicable law, as so amended. This Article Ten shall not impair, limit or otherwise adversely affect any other provision of these Articles of incorporation or the Bylaws of the corporation with respect to limiting or eliminating the liability of directors, but rather shall be cumulative thereof.
Any repeal or modification of the foregoing paragraph shall not adversely affect any right or protection of a director existing at the time of such repeal or modification.
The corporation shall indemnify its directors and officers to the fullest extent provided by the Texas Non-Profit Corporation Act as the same exists or may hereafter be amended.
The corporation shall indemnify and hold the undersigned incorporator harmless from and against any and all loss, cost, damage, expense (including, without limitation, attorneys’ fees and expenses) for liability caused by, resulting from or arising out of any action taken or authorized by the incorporator of the corporation in respect of the corporation and organization of the corporation in what he deemed to be in or not opposed to the best interests of the corporation.
Any action required to be taken at a meeting of the members or directors of the corporation or any action that may be taken at a meeting of the members or directors or of any committee may be taken without a meeting if a consent in writing, setting forth the action to be taken and otherwise in compliance with Section 9.10C of the Texas Non-Profit Corporation Act, is signed by a sufficient number of members, directors or committee members as would be necessary to take that action at a meeting at which all of the members, directors or members of the committee were present and voted.
IN WITNESS WHEREOF, I have hereunto set my hand, the 7th day of December 1994.
___________________________________
VICKY POGUE GUNNING
SHADOW RIDGE SOUTH HOMEOWNERS ASSOCIATION, INC.
A TEXAS NON-PROFIT CORPORATION
NAME AND LOCATION
The name of the corporation is Shadow Ridge South Homeowners Association. Inc., hereinafter referred to as tile “Association”. The principal office of the corporation shall be located at 2911 Turtle Creek Boulevard, Suite 840, Dallas, Texas 75219, but meetings of Members and Directors may be held at such places within the State of Texas, County of Dallas or Denton, as may be designated by the Board of Directors.
DEFINITIONS
The following words when used in these Bylaws, unless a different meaning or intent clearly appears from the context, shall have the following meanings:
Section 1. “Association” shall mean and refer to Shadow Ridge South Homeowners Association, Inc., its successors and assigns.
Section 2. “Common Areas” shall mean and refer to that portion of the Property, if any. conveyed to the Association for the use and benefit of the Owners.
Section 3. “Common Maintenance Areas” shall mean and refer to the Common Areas and the entrance monuments, drainage facilities, detention ponds, right-of-way landscaping, if any, and such other areas lying within any dedicated public easements or right-of-way as deemed appropriate by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general health, safety and welfare of the Owners.
Section 4. “Declarant” shall mean FM-SR. Ltd., a Texas limited partnership, and the successors and assigns of its interest under the Declaration.
Section 5. “Declaration” means and refers to that certain Declaration of Covenants, Conditions and Restrictions applicable to the Property executed by FM-SR. Ltd., a Texas limited partnership, and recorded in the office of the County Clerk of Denton County, Texas, and any amendments, annexations and supplements thereto made in accordance with its terms.
Section 6. “Lot” shall mean and refer to any plot of land indicated upon any recorded subdivision map of the Property or any part thereof creating single-family homesites, with the exception of the Common Area and areas deeded to a governmental authority or utility, together with all improvements thereon. Until such time as that portion of the Property consisting of “Phase Two” (as designated in the Declaration) is platted, Phase Two shall be treated as one Lot.
Section 7. “Member” means each Owner.
Section 8. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers, but excluding those persons or entities having such interest merely as security for the performance of an obligation until such time as such a security holder becomes the record owner of a Lot (whether by foreclosure or otherwise).
Section 9. “Property” shall mean and refer to any and all property which is or becomes subject to the terms of the Declaration.
Section 10. “Town” shall mean and refer to the Town of Flower Mound, Texas.
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the Members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on the same day of the same month of each year thereafter. The meeting shall be held at the place and hour designated by the Board of Directors. Should said meeting fall upon a Saturday, Sunday or legal holiday, then that meeting shall be held at the same time on the next day which is not a Saturday, Sunday or legal holiday.
Section 2. Special Meeting. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.
Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least thirty (30) days but not more than sixty (60) days before such meeting to each Member entitled to vote thereat, addressed to the Member’ s address last appearing on the books of the Association, or supplied by such Members to the Association for the purpose of notice. Such notice may also be delivered to the Members’ residences. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, a majority of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration or these Bylaws. If, however, such quorum shall not be present, another meeting may be called subject to the same notice requirement, and the required quorum at such subsequent meeting shall be a majority of the quorum requirement for the prior meeting. The Association may call as many subsequent meetings as may be required to achieve a quorum (the quorum requirement being reduced for each such meeting, but not below any quorum required by law). No such subsequent meeting shall be held more that sixty (60) days following the preceding meeting.
Section 5. Proxies: At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.
Section 6. Membership in the Association. The Declarant and every other Owner shall be a member of the Association. Membership shall be appurtenant to, and shall not be separated from, ownership of a Lot.
Section 7. Voting Rights. The Association shall have two (2) classes of voting membership:
(a) Class A. The Class A members shall be all Owners (other than Declarant) and shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Lot.
(b) Class B. The Class B member shall be Declarant, who shall be entitled to ten (10) votes for each unoccupied Lot owned by Declarant. The Class B membership shall cease and be converted to Class A membership on the earlier of (i) one hundred twenty (120) days after the conveyance of the Lot which causes the total votes outstanding in Class B to equal the total votes outstanding in Class A or (ii) thirty (30) days after Declarant’s written notice to the Association of its election to convert its Class B membership to Class A membership. Unless the Declarant shall have elected to convert its Class B membership to Class A membership, Class B membership shall be reinstated at anytime before the expiration of twenty (20) years from the date of conveyance of the first Lot if additional Lots owned by a Class B Member are annexed to the Declaration in sufficient numbers to restore a ratio of at least one Class B Lot for each ten (10) Class A Lots in the Property.
BOARD OF DIRECTORS
Section 1. Number. The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be Members of the Association.
Section 2. Term of Office. At the first annual meeting, the Members shall elect one Director for a term of one year, one Director for a term of two years, and one Director for a term of three years; and at each annual meeting thereafter the Members shall elect one Director for a term of three years.
Section 3. Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4. Compensation. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 5. Action Taken Without a Meeting. The Director shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors.
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or non-Members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Section 3. Declaration. The provisions of the Declaration pertaining to the Board of Directors are hereby incorporated in these Bylaws by reference.
MEETINGS OF DIRECTORS
Section 1. Annual Meetings. The first annual meeting of the Directors shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting o the Directors shall be held on the same day of the same month of each year thereafter. The meeting shall be held at the place and hour designated by the Board of Directors. Should said meeting fall upon a Saturday, Sunday or legal holiday, then that meeting shall be held at the same time on the next day which is not a Saturday, Sunday or legal holiday.
Section 2. Special Meeting. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any Director, after not less that three (3) days notice to each Director.
Section 3. Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) suspend the voting rights of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing for infraction of published rules and regulations;
(b) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration;
(c) employ a manager, an independent contractor or such other employees as they deem necessary and to prescribe their duties;
(d) provide and pay out of the maintenance fund the following:
(1) Taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas rather than against the individual Owners, if any.
(2) Care and preservation of the Common Maintenance Area.
(3) The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board (provided that any contract for management of the Association shall be terminable by the Association, with no penalty upon ninety (90) days prior written notice to the managing party) and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager, provided, that any services of a professional person, management firm, or other personnel shall be provided to the Association at competitive rates.
(4) Legal and account services.
(5) A policy or policies of insurance insuring the Association against any liability to the public or to the Owners (and/or invitees or tenants) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors, including a policy or policies of insurance as provided herein in Article IV.
(6) Workers compensation insurance to the extent necessary to comply with any applicable laws.
(7) Such fidelity bonds as may be required by the By-Laws or as the Board may determine to be advisable.
(8) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes, or assessments (including taxes or assessments assessed against an individual Owner) which the Board 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 proper for the enforcement of this Declaration.
(e) borrow funds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sees fit;
(f) enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association;
(g) make reasonable rules and regulations for the operation of the Common Maintenance Areas and to amend them from time to time; provided that, any rule or regulation may be amended or repealed by an instrument in writing signed by Owners constituting a majority of the votes of the Association, or with respect to a rule applicable to less than all of the Common Areas, by a majority of the votes of the Owners in the portions affected.
(h) collect all assessments and enforce all penalties for non-payment including the filing of liens and institution of legal proceedings; and
(i) enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules.
Section 2. Duties. The Board, for the benefit of its Owners, shall have the following duties:
(a) to cause to be kept a complete record of all its acts and corporate affairs;
(b) to supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
(c) to execute all declarations of ownership for tax assessment purposes with regard to the Common Areas on behalf of all Owners.
(d) as more fully provided in the Declaration:
(1) to fix and give notice of the amount of the annual assessment against each Lot; and
(2) to foreclose the lien against any property for which assessments are not paid or to bring an action at law against the Owner personally obligated to pay the same.
(e) to issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(f) to protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for replacements;
(g) to make all books and records of the Association available for inspection by Owners at reasonable times and intervals;
(h) to adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to access the Owners in proportionate amounts to cover the deficiency;
(i) to procure and maintain liability insurance and hazard insurance on property owned by the Association;
(j) to cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and
(k) to improve, beautify, maintain, manage and operate the Common Areas and Common Maintenance Areas.
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Officers. The officers of this Association shall be a President and Vice President, who shall at all times be Members of the Board of Directors, a Secretary and a Treasurer and such other officers as the Board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold offices for one (1) year unless he shall sooner resign or shall be removed or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Section 7. Multiple Offices. The offices of Vice President, Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
President
(a) The President shall preside at all meetings of the Board of Directors: shall see that orders and resolutions of the Board are carried out: shall sign all leases, mortgages, deeds, contracts and other written instruments and shall co-sign all checks and promissory notes.
Vice President
(b) The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act and shall exercise and discharge such other duties as may be required of him by the Board.
Secretary
(c) The Secretary shall record the vote and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
Treasurer
(d) The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account: and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members.
COMMITTEES
The Association shall appoint a Nominating Committee as provided in these Bylaws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times during reasonable business hours be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association where copies may be purchased at a reasonable cost.
AS SES SMENTS
As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. Any assessment not paid with ten (10) days after the due date shall bear interest from the due date until paid in full at the highest nonusurious rate of interest allowed by Texas law or 18% per annum, whichever is less. The Association shall also have the authority to impose late charges to compensate for administrative and processing costs for late payments on such terms as it may establish by duly adopted resolutions, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, cost and reasonable attorney’s feeds of any such action shall be added to the amount of such assessment.
The initial maintenance assessment (as described in the Declaration) until revised by resolution of the Board of Directors shall be $120.00 per Lot annually.
CORPORATE SEAL
The Association shall not have a seal.
AMENDMENTS
Section 1. These Bylaws may be amended by the Board.
Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of the Shadow Ridge South Homeowners Association, Inc., a Texas non-profit corporation, and
THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted by unanimous written consent of the Board of Directors thereof effective as of the 1st day of January. 1995.
________________________________________
Ronald N. Haynes, Jr.
Secretary
SHADOW RIDGE SOUTH HOMEOWNERS ASSOCIATION, INC.
WHEREAS, the Board of Directors of Shadow Ridge South Homeowners Association, Inc., a Texas non-profit corporation, adopted by unanimous written consent the Bylaws of said Association effective on the 1st day of January, 1995.
WHEREAS, the Board of Directors of Shadow Ridge South Homeowners Association have unanimously voted to amend a portion of said Bylaws of the Association.
NOW, THEREFORE, Articles IV, Board of Directors, Section 1., Number, of said Bylaws shall be amended to read the following:
“The affairs of the Association shall be managed by a Board of five (5) Directors, with a minimum of three (3) Directors, if necessary. These Directors shall be Members of the Association.”
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting President of the Shadow Ridge South Homeowners Association, Inc., a Texas non-profit corporation, and
THAT the forgoing Amendment to the Bylaws of said Association is adopted by unanimous vote of the Board of Directors and shall be effective as of the 1st day of March 2001.
Troy Hill
President
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR SHADOW RIDGE SOUTH
THIS DECLARATION is made on the date hereinafter set forth by FM-SR, Ltd., a Texas limited partnership, hereinafter referred to as the "Declarant."
WITNESSETH
WHEREAS, the Declarant is the owner of certain real property in the Town of Flower Mound (the "Town"), Denton County, Texas, which is described in Exhibit "A" attached hereto and made a part hereof (the "Property");
WHEREAS, Declarant desires to create a planned community known as Shadow Ridge South on the Property and such other land as may be added thereto pursuant to the terms and provisions of this Declaration;
NOW THEREFORE, the Declarant declares that the Property shall be held, sold and conveyed subject to the restrictions, covenants and conditions declared below, which shall be deemed to be covenants running with the land and imposed on and intended to benefit and burden each Lot and other portions of the Property in order to maintain within the Property a planned community of high standards. Such covenants shall be binding on all parties having any right, title or interest therein or any party thereof, their respective heirs, personal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof.
DEFINITIONS
Section 1. "Property" shall mean and refer to the real property described in Exhibit 'A," and such additions thereto as may be brought within the jurisdiction of the Association and be made subject to this Declaration. The Property consists of Phase One and Phase Two.
Section 2. "Association" shall mean and refer to Shadow Ridge South Homeowners Association, Inc., a Texas not-for-profit corporation established for the purpose set forth herein.
Section 3. "Lot" shall mean and refer to any plot of land indicated upon any recorded subdivision map of the Property or any part thereof creating single-family homesites, with the exception of the Common Area and areas deeded to a governmental authority or utility, together with all improvements thereon. Until such time as that portion of the Property consisting of Phase Two is platted, Phase Two shall be treated as one Lot for purposes of this Declaration.
Section 4. "Unit" shall mean and refer to any residential dwelling situated upon any Lot.
Section 5. "Owner" shall mean and refer to the record owner whether one or more persons or entities, of the fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation until such time as such a security holder becomes the record owner of a Lot (whether by foreclosure or otherwise).
Section 6. "Declarant' shall mean and refer to FM-SR, Ltd.. its successors and assigns who are designated as such in writing by the Declarant, and who consent in writing to assume the duties and obligations of the Declarant with respect to the Lots acquired by such successor or assign.
Section 7. "Common Areas" shall mean and refer to that portion of the Property conveyed to the Association for the use and benefit of the Owners.
Section 8. "Common Maintenance Areas" shall mean and refer to the Common Areas and the entrance monuments, drainage facilities, detention ponds, right-of-way landscaping, if any, and such other areas lying within any dedicated public easements or right-of-way as deemed appropriate by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general health, safety and welfare of the Owners.
Section 9. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions for Shadow Ridge South, and any amendments, annexations and supplements thereto made in accordance with its terms.
SHADOW RIDGE SOUTH HOMEOWNERS ASSOCIATION INC.
Section 1. Establishment of Association. The formal establishment of the Shadow Ridge South Homeowners Association will be accomplished by the filing of the Articles of Incorporation of Shadow Ridge South Homeowners Association, Inc. with the Secretary of State for the State of Texas and the subsequent issuance by the Secretary of State of the Certificate of Incorporation of Shadow Ridge South Homeowners Association, Inc..
Section 2. Adoption of By-Laws. Bylaws for the Shadow Ridge South Homeowners Association, Inc. will be established and adopted by the Board of Directors of the Association.
Section 3. Membership. The Declarant and every other Owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and shall not be separated from ownership of any Lot. Every member shall have the right at all reasonable times during business hours to inspect the books of the Association.
Section 4. Funding. Subject to the terms of this Article, Declarant, for each Lot owned by Declarant, hereby covenants to pay, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. Such assessments will remain effective for the full term (and extended term, if applicable) of this Declaration. The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due but a person shall not be obligated for any assessments coming due after a person has ceased to be an Owner. The personal obligation for delinquent assessments shall not pass to the successors in title of such Owner unless expressly assumed by them.
Section 5. Assessments.
(a) Units Owned by Class A Members. Subject to the terms of this Article, each Lot is hereby subject to an initial maximum maintenance charge to be determined by the Declarant (until such maintenance charge shall be increased in the By-Laws of the Association), for the purpose of creating a fund to be designated and known as the "maintenance fund," which maintenance charge and assessment will be paid by the Owner or Owners of each Lot in advance in monthly, quarterly, or annual installments, commencing as to all Lots on which a completed Unit is then located on the conveyance of the first Lot to a Class A Member and as to all other Lots as of the completion of the Unit thereon. The rate at which each Lot will be assessed, and whether such assessment shall be payable monthly, quarterly, or annually, will be determined by the Board of Directors of the Association at least thirty (30) days in advance of each affected assessment period. Said rate may be adjusted from time to time by the Board of Directors as the needs of the Association may, in the judgment of the Directors, reasonably require. Said rate, however, shall not increase by more than ten percent (10%) annually. The assessment for each Lot shall be uniform except as provided in Subsection b of this Section 5. The Association shall, upon written demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether or not the assessment has been paid for the assessment period.
(b) Units or Lots by Declarant. Notwithstanding the foregoing, the Declarant shall be exempt from the annual maintenance assessment charged to Owners so long as there is a Class B membership as set forth in Section 8. Declarant hereby agrees that for such period of time as there is a Class B membership in effect and Declarant's Lots are exempt from assessment as provided above, that in the event that the annual maintenance fund revenues are insufficient to pay the operating expenses of the Association, Declarant shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association, provided that if the deficit is the result of the failure or refusal of an Owner or Owners to pay their annual maintenance assessments the Association shall diligently pursue all available remedies against such defaulting Owners, including the immediate institution of litigation to recover the unpaid assessments, and shall reimburse the Declarant the amounts, if any, so collected. Except to the extent otherwise provided in the immediately preceding sentence, Declarant shall not be liable for any liabilities, obligations, damages, causes, causes of action, claims, debts, suits or other matters incurred by or on behalf of the Association or for any deficits or shortfalls incurred or realized by or on behalf of the Association in connection with the Property or this Declaration.
(c) Purpose of Maintenance Fund. The Association shall establish a maintenance fund composed of Owners' annual maintenance assessments and shall use the proceeds of such fund in providing for normal, recurring maintenance charges for the Common Maintenance Areas for the use and benefit of all members of the Association. Such uses and benefits to be provided by the Association may include, by way of clarification and not limitation, any and all of the following: normal, recurring maintenance of the Common Maintenance Areas (including, but not limited to, mowing, edging, watering, clipping, sweeping, pruning, raking, and otherwise caring for existing landscaping) and the improvements to such Common Maintenance Areas, such as sprinkler systems, and private streets, if any, provided the Association shall have no obligation (except as expressly provided hereinafter) to make capital improvements to the Common Maintenance Areas; payment of all legal and other expenses incurred in connection with the enforcement of all recorded covenants, restrictions, and conditions affecting the property to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of policemen and watchmen, if any, caring for vacant lots; and doing any other thing or things necessary or desirable in the opinion of the Board of Directors of the Association to keep the Property neat and in good order, or which is considered of general benefit: to the Owners or occupants of the Property, it being understood that the judgment of the Board of Directors in the expenditure of said funds and the determination of what constitutes normal, recurring maintenance shall be final and conclusive so long as such judgment is exercised in good faith. The Association shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair, and replacement of improvements of the Common Maintenance Area. The fund shall be established and maintained out of regular annual Assessments.
(d) Special Assessment for Working Capital Fund, Nonrecurring Maintenance and Capital Improvements. In addition to the annual assessments authorized above, the Association may levy special assessments as follows:
(i) In any calendar year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any nonrecurring maintenance, or the acquisition, construction, reconstruction, repair, or replacement of a capital improvement upon any Common Maintenance Area (other than the initial acquisition or construction of capital improvements -- for instance, the subdivision wall for the Property .- completed in connection with the initial development of the Property), including fixtures and personal property related thereto, may be assessed. The Association shall not commingle the proceeds of such special assessment with the maintenance fund. Such proceeds shall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question.
Section 6. Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within ten (10) days after the due date shall bear interest from due date at the highest nonusurious rate of interest allowed by Texas law or 18% per annum, whichever is less. The Association shall have the authority to impose late charges to compensate for the administrative and processing costs of late payments on such terms as it may establish by duly adopted resolutions and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien retained herein against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Maintenance Area or abandonment of his property.
Section 7. Subordinated Lien to Secure Payment. To secure the payment of the maintenance charge and assessment established hereby and to be levied on individual Lots as above provided, there is hereby reserved a lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law or in equity by such beneficiary; provided, however, that each such lien shall be specifically made secondary, subordinate, and inferior to all liens, present and future, given, granted, and created by or at the insistence and request of the Owner of any such Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or the improvement of any such Lot; and further provided that as a condition precedent to any proceeding to enforce such lien upon any Lot upon which there is an outstanding, valid, and subsisting first mortgage lien, said beneficiary shall give the holder of such first mortgage sixty (60) days written notice of such proposed action, such notice, which shall be sent to the nearest office of the lien holder by prepaid U.S. registered mail, to contain the statement of the delinquent maintenance charges upon which the proposed the action is based. Upon the request of any such first mortgage lien holder, the beneficiary shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular property covered by such first mortgage lien to the holder thereof. Sale or transfer of a Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale, foreclosure, or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. The Association shall have the right to file notices of liens in favor of such Association in the official records of Denton County, Texas.
Section 8. Voting Rights. The Association shall have two classes of voting membership:
(a) Class A. Class A Members shall be all Owners with the exception of Declarant and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members, but the vote for such Lot shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Lot.
(b) Class B. The Class B Member shall be the Declarant who shall be entitled to ten (10) votes for each unoccupied Lot owned by it. The Class B membership shall cease and be converted to Class A membership on the earlier of: (i) one hundred (120) days after the conveyance of the Lot which causes the total votes outstanding in Class B to equal the total votes outstanding in Class A or (ii) thirty (30) days after Declarant's written notice to the Association of its election to convert its Class B membership to Class A membership. Unless the Declarant shall have elected to convert its Class B membership to Class A membership, Class B membership shall be reinstated at anytime before the expiration of twenty (20) years from the date of conveyance of the first Lot if additional lots owned by a Class B Member are annexed to this Declaration in sufficient numbers to restore a ratio of at least one Class B Lot for each ten (10) Class A Lots in the Property.
(c) Suspension. All voting rights of an Owner shall be suspended during any period in which such Owner is delinquent in the payment of any assessment duly established pursuant to this Article or is otherwise in default hereunder or under the By-Laws or Rules and Regulations of the Association and such suspension shall apply to the proxy authority of the Voting Representative, if any.
Section 9. Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized .herein shall be sent to all members, or delivered to their residences, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of members or of proxies of Voting Representatives entitled to cast a majority of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at such subsequent meeting shall be a majority of the quorum requirement for such prior meeting. The Association may call as many subsequent meetings as may be required to achieve a quorum (the quorum requirement being reduced for each such meeting, but not below any quorum required by law). No subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
GENERAL POWERS AND DUTIES OF THE
BOARD OF DIRECTORS OF THE ASSOCIATION
Section 1. Purpose of Maintenance Fund. The Board, for the benefit of the owners, shall provide and shall pay out of the maintenance fund provided in Article II above the following:
(a) Taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas rather than against the individual Owners, if any.
(b) Care and preservation of the Common Maintenance Area.
(c) The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board (provided that any contract for management of the Association shall be terminable by the Association, with no penalty upon ninety (90) days prior written notice to the managing party) and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager, provided, that any services of a professional person, management firm, or other personnel shall be provided to the Association at competitive rates.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the Association against any liability to the public or to the Owners (and/or invitees or tenants) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors, including a policy or policies of insurance as provided herein in Article IV.
(f) Workers compensation insurance to the extent necessary to comply with any applicable laws.
(g) Such fidelity bonds as may be required by the By-Laws or as the Board may determine to be advisable.
(h) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes, or assessments (including taxes or assessments assessed against an individual Owner) which the Board 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 proper for the enforcement of this Declaration.
Section 2. Powers and Duties of Board. The Board, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the By-Laws of the Association:
(a) To execute all declarations of ownership for tax assessment purposes with regard to the Common Areas on behalf of all Owners.
(b) To borrow lands to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sees fit.
(c) To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association.
(d) To protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for replacements.
(e) To make reasonable rules and regulations for the operation of the Common Maintenance Areas and to amend them from time to time; provide,"' that, any rule or regulation may be amended or repealed by an instrument in writing signed by Owners constituting a majority of the votes of the Association, or with respect to a rule applicable to less than all of the Common Areas, by a majority of the votes of the Owners in the portions affected.
(f) To make available for inspection by Owners within sixty (60) days after. the end of each year an annual report and to make all books and records of the Association available for inspection by Owners at reasonable times and intervals.
(g) To adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to access the Owners in proportionate amounts to cover the deficiency.
(h) To enforce the provisions of any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules.
(i) To collect all assessments and enforce all penalties for non-payment including the filing of liens and institution of legal proceedings.
Section 3. Board Powers Exclusive. The Board shall have the exclusive right to contract for all goods, services and insurance, payment of which is to be made from the maintenance fund and the exclusive right and obligation to perform the functions of the Board except as otherwise provided herein.
Section 4. Maintenance Contract. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner of other person or entity for the performance by the Association of services which the Board is not otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may, deem proper, advisable and in the best interest of the Association.
TITLE TO COMMON AREAS
Section 1. Association to Hold, The Association shall assume all maintenance obligations with respect to any Common Areas which may be hereafter established. Nothing contained herein shall create an obligation on the part of Declarant to establish any Common Area.
Section 2. Liability Insurance. From and after the date on which title to any Common Area vests in the Association, the Association shall purchase and carry a general comprehensive public liability insurance policy for the benefit of the Association and its members, covering occurrences on the Common Areas. The policy limits shall be as determined by the Board of Directors of the Association. The Association shall use its best efforts to see that such policy shall contain, if available, cross-liability endorsements or other appropriate provisions for the benefit of the members, Directors, and the management company, and other insureds, as their interests may be determined.
Section 3. Condemnation. In the event of condemnation or a sale in lieu thereof of all or any portion of the Common Areas, the funds payable with respect thereto shall be payable to the Association and shall be used by the Association to purchase additional Common Areas to replace that which has been condemned or to take whatever steps that it deems reasonably necessary to repair or correct any damage, suffered as a result of the condemnation. In the event that the Board of Directors of the Association determines that the funds cannot be used in such a manner due to lack of available land for additional Common Areas or for whatever reason, any remaining funds may be utilized by the Association for the general maintenance fund.
EASEMENTS
Section 1. Utility Easements. As long as Class B membership shall be in effect, the Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the benefit of the Declarant or its designees, upon, across, over, through and under any portion of the Common Area or any portion of any Lot outside of the permitted, building area of such Lot, for ingress, egress, installation, replacement, repair, maintenance, use and operation of service lines and service systems, public and private, for cable television and telephone services. Declarant, for itself and its designees, reserves the right to retain title to any such easements. Upon cessation of Class B membership, the Association shall have the right to grant the easements described herein.
Section 2. Declarant's Easment of Correct Drainage. As long as Class B membership shall be in effect, Declarant hereby reserves a blanket easement on, over and under the ground within the Property to maintain and correct drainage of surface waters and other erosion controls in order to maintain reasonable standards of health, safety, and appearance and shall be entitled to remove trees or vegetation, without liability for replacement or damage, as may be necessary to provide adequate drainage for any portion of the Property. Notwithstanding the foregoing nothing herein shall be interpreted to impose any duty upon Declarant to correct or maintain any drainage facilities within the Property.
Section 3. Easement for Unintentional Encroachment. The Declarant hereby reserves an exclusive easement for the unintentional encroachment by any structure upon the Common Area caused by or resulting from, construction, repair, shifting, settlement or movement of any portion of the property, which exclusive easement shall exist at all times during the continuance of such encroachment as an easement appurtenant to the encroaching property to the extent of such encroachment.
Section 4, Entry Easement. In the event that the Owner fails to maintain the Lot as required herein, or in the event of emergency repairs and to do the work reasonably necessary for the proper maintenance and operation of the Property, entry upon the Lot as provided herein shall not be deemed a trespass, and the Association shall not be liable for any damage so created unless such damage is caused by the Association's willful misconduct or gross negligence.
Section 5. Drainage Easements. Easements for the installation and maintenance of utilities, storm water retention/ detention ponds, and/or a conservation area are reserved as may be sworn on the recorded plat. Within these easement areas, no structure, plant or material shall be placed or permitted to remain which may hinder or change the direction or flow of drainage channels or slopes in the easements, The easement area of each Lot and all improvements contained therein shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, utility company or the Association is responsible.
Section 6.Temporary Completion Easement. All Lots shall be subject to easement of ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and assigns, over and upon the front, side or rear yards of the Property as may be expedient or necessary for the construction, servicing and completion of dwelling. and landscaping upon Lots adjacent to the Property, provided that such easement shall terminate twelve (12) months after the date such Lot is conveyed to the Owner by the Declarant.
USE AND OCCUPANCY
All Lots and dwellings shall be used and occupied for single-family residence purposes only. This prohibition shall not apply to "garage sales" conducted with prior written consent of the Association provided that no Owner shall conduct more than two (2) garage sales of no more than two (2) days duration each during any twelve (12) month period.
PROPERTY RIGHTS
Section 1. Owners' Easement of Enjoyment. Every Owner shall have a right and easement in and to the Common Areas and a right and easement of ingress and egress to, from and through said Common Areas, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) The right of the Association to establish and publish rules and regulations governing the use of the Common Areas affecting the welfare of Association members;
(b) The right of the Association to suspend the right of use of the Common Areas and the voting rights of an Owner for any period during which any easement against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;
(c) The right of the Association, subject to the provisions hereof, to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to the conditions as may be agreed by the Association. No such dedication or transfer shall be effective unless an instrument signed by Owners entitled to cast two-thirds (2/3) of the votes of each class of membership has been recorded agreeing to such dedication or transfer;
(d) All easements herein described am easements appurtenant to and running with the land; they shall at all times inure to the benefit of and be binding upon the Owners, and all of their grantees, and their respective heirs, successors, personal representatives and assigns, perpetually and in full force.
Section 2. Effect of Declaration. Reference in any deed, mortgage, trust deed or any other recorded documents to the easements, restrictions and covenants herein described or to this Declaration shall be sufficient to create and reserve such easements and covenants to the respective grantees, mortgagees, or trustees of said parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in their entirety in said documents.
Section 3. Rezoning Prohibited. No Lot shall be rezoned to any classification allowing commercial, institutional or other nonresidential use without the express, written consent of the Association and Declarant (as long as Declarant owns any Lot subject to this Declaration), which may be withheld in Declarant's sole discretion. Declarant or the Association may enforce this covenant by obtaining an injunction against any unapproved rezoning at the expense of the enjoined party.
USE RESTRICTIONS
Section 1. Residential Use. All Lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family residence per Lot, which residence may not exceed two (2) stories in height, and a private garage as provided below.
Section 2. Single-Family Use Each residence may be occupied by only one family consisting of persons related by blood, adoption or marriage or no more than two unrelated persons living and cooking together as a single housekeeping unit, together with any household servants.
Section 3. Two Car Garage Required. Each residence shall have a garage suitable for parking not less than two (2) or more than three (3) standard size automobiles, which garage conforms in design and materials with the main structure. Garage locations may vary, with the written approval of the Committee (as hereinafter described).
Section 4. Restrictions on Resubdivision. None of the Lots shall be subdivided into smaller lots.
Section 5. Driveways. All driveways shall be surfaced with concrete, asphalt or similar substance approved by the Committee.
Section 6. Temporary Structures. No temporary dwelling, shop, trailer or mobile home of any kind or any improvements of a temporary character (except children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a Lot only in places which are not visible from any street on which the Lot fronts) shall be permitted on any Lot except that the builder or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a given Lot during the entire time that construction activities within the Property are underway. No building material of any kind or character shall be placed or stored upon any Lot until the Owner thereof is ready to commence construction of improvements, and then such material shall be placed within the property lines of the Lot upon which the improvements are to be erected.
Section 7. Campers, Boats and Recreational Vehicles.. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the front yard of any dwelling or parked on any public street in the Property, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless completely concealed from public view. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity.
Section 8. Trucks. Trucks with tonnage in excess of one ton and any vehicle with painted advertisement shall not be permitted to park overnight within the Property except those used by a builder during the construction of improvements.
Section 9. Explosives Inflammatory Cargo. No vehicle of any size which transports inflammatory or explosive cargo may be kept in the Property at any time.
Section 10. Temporary Structures as Dwelling. No structure of a temporary character, such as a trailer, basement, tent, shack, barn or other out-building shall be used on any Lot at any time as a dwelling house; provided, however, that any builder may maintain and occupy model houses, sales offices and construction trailers during the construction period.
Section 11. Drilling. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Property. No derrick or other structure designed for use in quarrying for oil or natural gas shall be erected, maintained or permitted within the Property.
Section 12. Livestock and Poultry, No animals, livestock or poultry of any kind shall be raised, bred or kept on any property in the Property except that dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these provisions to restrict the use of the Property so that no person shall quarter on the premises cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks or any other animals that may interfere with the quietude, health or safety of the community, No more than two (2) pets will be permitted on each Lot. Pets must be restrained or confined on the homeowner's back lot inside a fenced area or within the house. When away from the Lot, pets must be on a leash at all times. It is the pet owner's responsibility to keep the Lot clean and free of pet debris. All animals must be properly tagged for identification.
Section 13. Garbage and Refuse Disposal. No Lot or other area in the Property shall be used as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of improvements may be stored on lots during construction so long as construction progresses without undue delay.
Section 14. Water Supply System. No individual water supply system shall be permitted in the Property.
Section 15. Sewage Disposal System. No individual sewage disposal system shall be permitted in the Property.
Section 16. Garage as Residence. No garage, garage house or other out-building (except for sales offices and construction trailers during the construction period) shall be occupied by any Owner, tenant or other person prior to the erection of a residence.
Section 17. Air Conditioning. No air-conditioning apparatus shall be installed on the ground in front of a residence. No air-conditioning apparatus shall be attached to any front wall or window of a residence. No evaporative cooler shall be installed on the front wall or window of a residence.
Section 18. Antennas. No antennas shall be permitted in the Property except AM or FM radio reception and UHF and VHF television reception. Only one (1) antenna may be attached to the main residential house, and in all cases, no antenna of any style shall be (a) erected as a free-standing structure, (b) permitted to extend outside the roof of the main residential structure or (c) maintained on any portion of the Lot forward of the front building line.
Section 19. Commercial Use. No Lot or, improvement shall be used for business, professional, commercial or manufacturing purposes of any kind. No activity, whether for profit or not, shall be conducted which is not related to single-family residential purposes. No noxious or offensive activity shall be undertaken within the Property, nor shall anything be done which is or may become an annoyance or nuisance to the neighborhood,
Section 20. Sight Distance and Intersections. No force, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any comer Lot within the triangular area formed by the street right-of-way lines and a line connecting them at points ten (10) feet from the intersection of the street right-of-way lines, or in the case of a rounded property comer, from the intersection of the street right-of-way lines as extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
Section 21. Prefabricated Buildings. Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any Lot, it being the intention that only new construction be placed and erected thereon.
Section 22. Interference with Utilities. Within easements on each Lot, no structures, planting or materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, which may change the direction of flow within drainage channels or which may obstruct or retard the flow of water through drainage channels.
Section 23. Signs. No sign of any kind shall be displayed to the public view on any Lot except one (1) professional sign of not more than one (1) square foot, one (1) of not more than five (5) square feet advertising the property for rent or sale, or signs used by a builder to advertise the property during the construction and sales period. Declarant, the Association, or their agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above; and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal.
Section 24. Clothes Hanging Devices. The drying of clothes in full public view is prohibited. The Owners and occupants of any Lots at the intersections of streets or adjacent to parks, playgrounds or other facilities where the rear yard is visible to full public view shall construct a drying yard or other suitable enclosure to screen from public view the equipment which is incident to normal residences, such as clothes drying equipment, yard equipment and storage piles.
Section 25. Burning. Except within fireplaces in the main residential dwelling and except for outdoor cooking, no person shall be permitted to bum anything within the Property.
Section 26. Minimum Floor Area. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be not less than fourteen hundred (1,400) square feet or the minimum habitable floor area as specified by the Town, whichever is the greater.
Section 27. Building Materials. The total exterior wall area of each building constructed or placed on a Lot shall be no less than seventy-five percent (75%) (or such higher percentage as may be required by the Town) brick, brick veneer, stone, stone veneer, masonry or other material approved by the Committee. Windows, doors, openings, gables or other areas above the height of the top of the standard height first-floor windows are excluded from the calculation of the total exterior wall area. Roofing shall be of a substance acceptable to the Town, the Federal Housing Administration ("FHA"), the Veterans Administration ("VA"), the Committee, and at a minimum an FHA acceptable shingle or better is required.
Section 28. Side Line and Front Line Setback Restrictions. No dwelling shall be located on any Lot nearer to the front lot line or nearer to the side street line than the minimum setback lines shown on the plat of the Property or required by the Town. In any event, no building shall be located on any Lot nearer than twenty (20) feet to, nor further than thirty (30) feet from, the front Lot line or nearer than five (5) feet to any side Lot line (interior lot line), except that structures on those Lots being on comers may be ten (10) feet from the side street. For the purpose of these covenants, eaves and steps and open porches shall not be considered as a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot.
Section 29. Waiver of Front Setback Requirements. With the written approval of the Committee, any building may be located further back from the front property line of a Lot than provided above, where, in the opinion of the Committee, the proposed location of the building will add to the appearance and value of the Lot and will not substantially detract from the appearance of the adjoining Lots.
Section 30. Fences and Walls. Any fence or wall must be constructed of masonry, brick, wood or other material approved by the Committee. No chain link fence shall be allowed. No fence or wall shall be permitted to extend nearer to any street than the front building line of any residence. Fences or walls erected by Declarant shall become the property of the Owner of the Lot on which the same are erected and, as such, shall be maintained and repaired by such Owner except as provided in Article X. No portion of fence shall exceed eight (8) feet in height.
Section 31. Sidewalks. All sidewalks shall conform to the Town, FHA and VA specifications and regulations.
Section 32. Mailboxes. Mailboxes shall be constructed of a material and design approved by the Committee.
ARCHITECTURAL CONTROL
Section 1. Appointment. Declarant shall designate and appoint an Architectural Control Committee (herein called the "Committee") composed of three (3) individuals, each generally familiar with residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Property, The Committee shall use its best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Property consistent with this Declaration.
Section 2. Successors. In the event of the death, resignation or removal by Declarant (or after there is no Class B Member, by the record owners of a two thirds (2/3) majority of the Lots) of any member of the Committee, the remaining member(s) shall appoint a successor member. In default of such appointment, Declarant, or after there is no Class B Member, the record owners of a two-thirds (2/3) majority of the Lots, shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for, or be liable for claims, causes of action or damages arising out of, services performed pursuant to this declaration.
Section 3. Authority. No building, fence, wall or other structure shall be commenced, erected, placed, maintained or altered on any Lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all plans and specifications and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to:
(a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets;
(b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and landscaping in relation to the various parts of the proposed improvements and in relation to improvements on other Lots in the Property;
(c) location with respect to topography and finished grade elevation and effect of location and use on neighboring Lots, improvements and drainage arrangements; and
(d) the other standards set forth within this Declaration (and any amendments hereto) or matters in which the Committee had been vested with the authority to render a final interpretation and decision.
The Committee is authorized and empowered to consider and reyiew any and all aspects of the construction which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more Owners or the general value of Lots in the Property. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider only the general appearance of the proposed building as that can be determined from front, rear and side elevations on submitted plans.
Section 4. Procedure for Approval. Final plans and specifications shall be submitted in duplicate by certified mail to the Committee. The plans and specifications shall show the nature, kind, shape, height, materials and location of all landscaping and improvements. The documents shall specify any requested variance from the setback lines, garage location or any other requirement set forth in this Declaration. The Committee is authorized to request the submission of samples of proposed construction materials. At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a majority of the Committee and returned to the Owner or his designated representative, If disapproved by the Committee, one set of such plans and specifications shall be returned marked "Disapproved' and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a majority of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of submission, written approval of the matters submitted shall not be required and compliance with this Article shall be deemed to have been completed, In case of a dispute about whether the Committee responded within such time period, the person submitting the plan shall have the burden of establishing that the Committee received the plans. The Committee's receipt of the plan may be established by a signed certified mail receipt. The Committee may approve plans and specs for all the houses proposed to be built by a builder at one time (Master Plans) and that builder may submit changes to the Master Plans for specific approval from time to time.
Section 5. Standards. The Committee shall have sole discretion with respect to taste, design and all standards specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular designs or appearances from being built in the Property. The Committee shall also have the authority to require a minimum 5-12 foot roof slope, to specify that chimney flues be covered with brick or masonry or wood, to prohibit the use of light-weight composition roof material, to require that the colors of roofing materials be earth tones, to require the use of anodized aluminum divided light windows, and generally to require that any plans meet the standards of the existing improvements on neighboring Lots. The Committee may from time to time publish and promulgate bulletins regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration.
Section 6. Termination. The committee shall cease to exist when residences have been constructed on all Lots in the Property; provided however, that at any time thereafter the then record owners of a majority of the Lots in the Property shall have the authority to record an instrument which extends the period of the Committee's authority and establishes an election or appointment procedure whereby the Committee members shall be chosen. After the termination of the Committee, no approval by the Committee shall be required under this Declaration. Variations from the standards set forth herein shall thereafter be made in accordance with the general development standards and judgment exercised by the Committee during its period of control, as such standards are reflected in the plans, construction materials, landscaping and other matters approved by the Committee during its period of control.
SPECIAL FENCING AND LANDSCAPING
Section 1. Fences, Walls and Sprinkler Systems. Declarant shall have the right, but not the obligation, to and may, if it chooses to do so in its sole discretion, erect, install, maintain, repair and/or replace fences, walls and/of sprinkler systems located within that portion of any Lot specified on Exhibit "B" attached hereto and incorporated herein (the "Perimeter Lots"), which area (the 'Restricted Area') is located outside the building lines as shown on the plat. Any fence, wall on which such fence, wall or sprinkler system is erected or installed is subject to the easements and rights of Declarant set forth below, No fence, wall or sprinkler system shall be erected or installed in the Restricted Area of any Perimeter Lot by the owner thereof without the prior written consent of Declarant.
Section 2. Landscaping, Declarant shall have the rights, but not the obligation, to grade, plant and/or landscape and maintain, repair, replace and/or change such grading, planting and landscaping on any portion of the Restricted Area of a Perimeter Lot. In the event Declarant does not landscape the Restricted Area on any Perimeter Lot, the Owner thereof may plant grass and, with the prior written consent of Declarant may landscape and plant trees and shrubs in the Restricted Area.
Section 3. Easement. Declarant shall have, and hereby reserves the right and easement to enter upon the Restricted Area of the Perimeter Lots for the purpose of exercising the discretionary rights set forth above.
Section 4. Maintenance by Individual Lot Owner. In the event Declarant does not maintain or repair any fences, walls, grading, planting or landscaping erected, installed or situated within the Restricted Area of any Perimeter Lot, then the Owner of such Perimeter Lot shall, at his expenses, perform such maintenance and repair work as is necessary to maintain such fences, walls, grading, planting and landscaping in a good and neat condition and appearance; provided, however, that the Owner shall give Declarant ten (10) days' written notice before doing any maintenance other than mowing, edging and trimming. So long as the Restricted Area on any Perimeter Lot and any fences, walls, grading, planting and landscaping thereon are being reasonably maintained and repaired by Declarant, the Owner of such Perimeter Lot shall not perform any maintenance or repair work within such Restricted Area without the prior written consent of Declarant. In no event shall the Owner of any Perimeter Lot perform any maintenance or repair work on any sprinkler system within the Restricted Area without the prior written consent of Declarant.
Section 5. Declarant's Discretion, Notwithstanding any provisions herein to the contrary, Declarant shall never be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on any Lots.
Section 6. Association Rights. Once the Association is formed it shall exercise the rights granted to the Declarant in this Article X.
ANNEXATION
Section 1. Annexation by Declarant, At any time during the initial term of this Declaration, the Declarant may, at its sole option, annex additional property to this Declaration to be subject to the terms hereof to the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon by Declarant.
(a) Declaration -of Annexation. Annexation shall be evidenced by a written Declaration of Annexation executed by Declarant setting forth the legal description of the property being annexed and the restrictive covenants to be applied to such annexed property.
(b) FHA/VA Approval, Declarant shall submit a written request for approval of any annexation under this Section to the FHA and the VA accompanied by a copy of the Declaration of Annexation, If neither FHA nor VA notifies Declarant of objections to the annexation within fifteen (15) days of the date of Declarant's request for approval, such approval shall be deemed to have been granted.
Section 2. Annexation by Action of Members . At any time, the Board of Directors may request approval of the membership for the annexation of additional property into the Association to be subject to all of the terms of this Declaration to the same extent as if originally included herein. No such annexation shall be effective unless approved in writing by members entitled to cast two-thirds (2/3) of the total votes in both classes of membership, and by FHA and VA as set forth in Subsection l(b) above. Any property that is contiguous to existing property to this Declaration may be annexed hereto according to the foregoing requirements, provided however, that no such annexation shall be effective without the consent and joinder of the owners of the property to be annexed. Such annexation must be evidenced by a Declaration of Annexation as set forth in Subsection l(a) above executed by the parties herein described.
Section 3. No Duty to Annex. Nothing herein contained shall establish any duty or obligation on the part of the Declarant or any other member to annex any property to this Declaration and no owner of property excluded from the Declaration shall have any right to have such property annexed thereto.
Section 4. Effect of Annexation on Class B Membership. In determining the number of Lots owned by Declarant for the purpose of Class B Membership status according to Article II, Section 8, the total number of Lots covered by the Declaration including all Lots annexed thereto shall be considered. If Class B Membership has previously expired but annexation of additional property restores the ratio of Lots owned by Declarant to the number required for Class B Membership, such Class B Membership shall be reinstated.
GENERAL
Section 1. Remedies. In the event of any default by any Owner under the provisions of the Declaration, By-Laws or rules and regulations of the Association, the Association and any Owner shall have each and all of the rights and remedies which may be provided for in this Declaration, the By-Laws and said rules and regulations, and those which may be available at law or in equity, and may prosecute any action or other proceeds against such defaulting Owner and/or others for enforcement of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver for the Lot and ownership interest of such Owner, or for damages or injunction, or specific performance, or for judgment for the payment of the money and collection thereof, or for any continuation of the remedies, or for any other relief. No remedies herein provided or available at law or in equity shall be deemed mutually exclusive of any other such remedy. All expenses of the Association in connection with any such actions or proceedings, including court costs and attorneys' fees and other fees and expenses, and all damages, permitted by law but, with reference to any Lots financed by FHA insured loans, not in excess of the maximum rate of FHA loans at the time of delinquency, from the due date until paid, shall be charged to and assessed against such defaulting Owner, and shall be added to and deemed part of respective maintenance assessment (to the same extent as the lien provided herein for unpaid assessments), upon the Lot and upon all of his additions and improvements thereto, and upon all of his personal property upon the Lot. Any and all of such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the Association or any Owner.
Section 2. Term and Amendments. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless seventy-five percent (75 %) of the votes outstanding shall have voted to terminate the covenants and restrictions of this Declaration and prior approval has been obtained from the Town upon the expiration of the initial twenty-five (25) year period or any extension thereof, which termination shall be by written instrument signed by seventy-five percent (75 %) of the Owners and counter signed by a duly authorized representative of the Town and properly recorded in the Denton County, Texas land records. This Declaration may be amended by an instrument signed by Owners constituting not less than seventy-five percent (75 %) of the votes of the Association and countersigned by a duly authorized representative of the Town.
Section 3. Lot Maintenance, The Owner and occupant of each Lot shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that run along the property line. Grass, weeds and vegetation on each Lot must be kept mowed at regular intervals so as to maintain the property in a neat and attractive manner. No vegetables shall be grown in any yard that faces a street. No Owners shall permit weeds or grass to grow to a height of greater than six inches (6") upon his property. Upon failure of any Owner to maintain any Lot, Declarant or its assigns or the Association may, at its option, have the grass, weeds and vegetation cut as often as necessary in its judgment, and the Owner of such property shall be obligated, when presented with an itemized statement to reimburse Declarant or the Association for the cost of such work. This provision, however, shall in no manner be construed to create a lien in favor of any party on any piece of property for the cost or charge of such work or the reimbursement for such work.
Section 4. Maintenance of Improvements. Subject to the provisions of Article X, each Owner shall maintain the exterior of all buildings, fences, walls and other improvements on his Lot in good condition and repair, and shall replace worn and rotten parts, and shall regularly repaint all painted surfaces and shall not permit the roofs, rain gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improvements to deteriorate in an unattractive manner.
Section 5. Enforcement. Each Owner grants to the Association the exclusive right to enforce the performance of each and all of the restrictions, conditions and covenants contained herein, by injunction or other appropriate remedy at law or in equity. Should the Association employ counsel to enforce any of the restrictions, conditions and covenants herein contained, all costs incurred in such enforcement, including reasonable attorney's fees, shall be paid by the breaching Owner. Following any termination of the Association, the Owner of any Lot in the Property shall have the right to enforce the performance hereof by injunction or other appropriate remedy at law or in equity. Failure by the Association, or any Owner, including Declarant, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 6. Other Authorities. If other authorities, such as the Town or Denton County, impose more demanding, expensive or restrictive requirements than those set forth herein, the requirements of such authorities shall be complied with. Other authorities' imposition of lesser requirements than those set forth herein shall not supersede or diminish the requirements herein.
Section 7. Addresses. Any notices or correspondence to an Owner of a Lot shall be addressed to the street address of the Lot. Any notice or correspondence to the Association or Committee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Association or Committee pursuant to an instrument recorded in the deed records of Denton County.
Section 8. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 9. Rights and Obligations. The provisions of this Declaration and the Articles of Incorporation and By-Laws and the rights and obligations established thereby shall be deemed to be covenants running with the land and shall inure to the benefit of, and be binding upon, each and all of the Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the recording of the acceptance of a deed conveying a Lot of any ownership interest in the Lot whatsoever, the person to whom such Lot or interest is conveyed shall be deemed to accept and agree to be bound by and subject to all of the provisions of this Declaration and the Articles of Incorporation and By-Laws, whether or not mention thereof is made in said deed.
Section 10. Miscellaneous Provisions. Any provisions of this Declaration or of the Articles of Incorporation and By-Laws to the contrary notwithstanding, the following provisions shall control:
(a) FHA/VA Approval. If any prospective Owner applies for FHA or VA mortgage financing and receives a commitment therefor, the following actions will require approval of the Federal Housing Administration and the Veterans Administration as applicable: (1) addition of properties except as set forth in Article XII, (2) dedication of Common Areas, and (3) amendment of this Declaration.
(b) The following actions will require notice to all institutional holders of first mortgage lien: (1) abandonment or termination of the Association; or (2) material amendment to the Declaration.
(c) Upon the request of any first mortgagee of a dwelling on a Lot, the Association shall furnish to such mortgagee a written notice of any default by the Owner of such dwelling in the performance of such Owner's obligations under this Declaration or the By-Laws or Association rules and regulations which is not cured within thirty (30) days. Any first mortgagee of a dwelling who comes into possession of such dwelling pursuant to the remedies provided in the mortgage, a foreclosure of the mortgage, or deed (or assignment) in lieu of foreclosure, shall take such property free of any claims for unpaid assessments or charges in favor of the Association against the mortgaged dwelling which accrued prior to the time such holder comes into possession of the dwelling.
(d) Unless at least seventy-five percent (75%) of the first mortgages (based upon one vote for each mortgagee) have given their prior written approval, neither the Association nor the Owners shall be entitled to:
(i) by act or omission seek to abandon, partition, encumber, or transfer the Common Areas, if any, or any portion thereof of interest therein; (The granting of easements for public utilities or other public purposes consistent with the intended use of such property shall not be deemed a transfer within the meaning of this clause).
(ii) substantially change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner by the Association;
(iii) by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance of the dwellings or maintenance of the dwellings or Lots;
(iv) fail to maintain liability and extended coverage insurance on insurable property comprising a part of the Common Areas on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement costs).
(e) All personal pronouns used in this Declaration, whether used in the masculine, feminine or neuter gender, shall include all other genders; the singular shall include the plural, and vice versa.
Section 11. 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.
Section 12. Conflicts. In the event of conflict between the terms of this Declaration and the By-Laws, rules, regulations or Articles of Incorporation of the Association, this Declaration shall control.
Section 8. Failure of Association to Perform Duties, Should the Association fail to out its duties as specified in this Declaration, the Town or its lawful agents shall have the right and ability, after due notice to the Association, to remove any landscape systems, features or elements that cease to be maintained by the Association; to perform the responsibilities of the Association if the Association fails to do so in compliance with any of the provisions of this Declaration or of any applicable Town codes or regulations; to assess the Association for all costs incurred by the Town in performing said responsibilities if the Association fails to do so; and/or to avail itself of any other enforcement actions available to the Town pursuant to state law or Town codes and regulations. Should the Town exercise its rights as specified above, the Association shall indemnify and hold harmless the Town from any and all costs, expenses, suits, demands, liabilities or damages, including attorney's fees and costs of suit, incurred or resulting from the Town's removal of any landscape systems, features or elements that cease to be maintained by the Association or from the Town's performance of the aforementioned operations, maintenance or supervision responsibilities of the Association due to the Association's failure to perform said duties.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf, attested and its corporate seal to be hereunto affixed as of the day and year first above written.
DESCRIPTION OF THE PROPERTY
Phase One
A tract of land situated in the Town of Flower Mound, Denton County, Texas; and being part of the W.H. Gibson Survey, Abstract Number 464; and being part of that tract of land conveyed to FM - SR, Ltd. by Deed recorded in the Real Property Records of Denton County, Texas identification number 93-R0039987; and being -part of that tract of land conveyed to FM Properties Operating Co. by Deed recorded in Volume 3252, Page 360, Deed Records, Denton County, Texas; and being more particularly described as follows.
COMMENCING at the Southernmost comer of Shadow Ridge Phase 1, an addition to the Town of Flower Mound recorded in Cabinet 1, Page 153, Plat Records, Denton County, Texas said point also being the Southeast Comer of a tract of land conveyed to Bob Rhuedasil by Deed recorded in Volume 1239, Page 483, Deed Records, Denton County, Texas said point also being in the West line of Lexington Avenue (80 foot wide Right-of-Way), said point also being the beginning of a curve to the left whose chord bears South 00º39'38" East;,
THENCE in a Southerly direction along the West line of said Lexington Avenue and along said curve to the left having a central angle of 00º40'57", a radius of 465.00 feet, and an arc length of 5.54 feet to a point for comer;
THENCE South 01º00'06" East continuing along the West line of said Lexington Avenue, a distance of 259.41 feet to a 1 inch iron rod found for comer at the POINT OF BEGINNING;,
THENCE North 88º59'54" East a distance of 80.00 feet to a R@R. Spike found for comer;
THENCE South 0lº00'06" East a distance of 190.25 feet to a 1/2 inch iron rod with cap set for comer at the beginning of a curve to the right whose chord bears South 10º12'52" West;
THENCE in a Southerly direction along said curve to the right having a central angle of 28º25'56", a radius of 590.00 feet, and an arc length of 292.78 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 89º17'06" East a distance of 362.52 feet to a 1/2 inch iron rod with cap set for comer, said point being in the West line of a tract of land conveyed to Bright and Company Management, Inc. by Deed recorded in Volume 1410, Page 385, Deed Records, Denton County, Texas;
THENCE South 00º46'29" East along the West line of the said Bright and Company Management, Inc, tract, a distance of 534.42 feet to a 1/2 inch iron rod with cap set for comer, said point being the Northwest comer of a tract of land conveyed to Robert Reinauer by Deed recorded in Volume 2940, Page 824, Deed Records, Denton County, Texas;
THENCE South 01º17'28" East along the West line of the said Robert Reinauer tract, a distance of 1191.24 feet to a 1/2 inch iron rod with cap set for comer, said point being the Northeast comer of a tract of land conveyed to Maurice Weikel by Deed recorded in Volume 2271, Page 83, Deed Records, Denton County, Texas;
THENCE South 88º07'07" West along the North line of the said Maurice Weikel tract, a distance of 210.20 feet to a 1/2 inch iron rod found for comer;
THENCE South 01º16'48" East along the West line of the said Maurice Weikel tract, a distance of 208.88 feet to a 1/2 inch iron rod found for comer, said point being in the North line of a tract of land conveyed to Maurice Weikel by Deed recorded in Volume 2271, Page 86, Deed Records, Denton County, Texas;
THENCE South 88º30'22" West along the North line of the said Maurice Weikel tract, along the North line of a tract of land conveyed to Thomas W. Harris by Deed recorded in Volume 2962, Page 782, Deed Records, Denton County, Texas and along the North lint; of a tract of land conveyed to E-Systems, Inc. Pool Trust by Deed recorded in Volume 1360, Page 433, Deed Records, Denton County, Texas, a distance of 1729.61 feet to a 1/2 inch iron rod found for comer, said point being the Southeast comer of a tract of land conveyed to R.L. Donald, Jr., et ux by Deed recorded in Volume 476, Page 85, Deed Record s, Denton County, Texas;
THENCE North 01º34'25" West along the East line oil said R.L. Donald, Jr. tract, a distance of 1206.84 feet to a 1/2 inch iron rod set with cap for comer;
THENCE North 88º25'35" East a distance of 115.00 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 01º34'25" West a distance of 12.93 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 88º25'35" East a distance of 50.00 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 88º30'22' East a distance of 485.17 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 84º02'53" East a distance of 180.55 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 75º50'46" East a distance of 61.50 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 69º41'13" East a distance of 39.49 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 81º30'23" East a distance of 83.24 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 01º29'38" West a distance of 100.83 feet to a 112 inch iron rod with cap set for comer;
THENCE North 71º01'12" West a distance of 54.65 feet to a 1/2 inch iron rod with cap set for comer at the beginning of a curve to the left whose chord bears North 13º18'17" West;
THENCE in a Northerly direction along said curve to the left having a central angle of 64º34'11", a radius of 50.00 feet, and an arc length of 56.35 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 00º01'00" West a distance of 85.38 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 89º59'00" East a distance of 271.31 feet to a 1/2 inch iron rod with cap set for comer at the beginning of a curve to the right whose chord bears North 28º09'32" East;
THENCE in a Northeasterly direction along said curve to the right having a central angle of 08º38'57", a radius of 540.00 feet, and an are length of 81.52 feet to a 1/2 inch iron rod with cap set for comer;
THENCE North 32º29'00" East a distance of 421.37 feet to a 1/2 inch iron rod with cap set for comer at the beginning of a curve of the left whose chord bears north 15º44'27" East.
THENCE in a Northerly direction along said curve to the left having a central angle of 33º29'06", a radius of 510.00 feet, and an arc length of 298.06 feet to a 1/2 iron rod with cap set for comer;
THENCE North 01º00'06" West a distance of 190.25 feet to the POINT OF BEGINNING and containing 66.82 acres of land, more or less.
Phase Two
BEING a tract or parcel of land situated in the Town of Flower Mound, Denton County, Texas; and being part of the W.H. Gibson Survey, Abstract Number 464; and being part of that tract of land conveyed to FM - SR, Ltd. by Deed recorded in the Real Property Records of Denton County, Texas, identification number 93-R0039987; and being more particularly described as follows:
BEGINNING at a point for comer in the South line of a 70 foot wide Brazos Electric Easement recorded in Volume 3410, Page 603, Deed Records, Denton County, Texas, said point bears South 15º26'47" West a distance of 1146.60 feet from a point in the West line of Lexington
Avenue (80 foot wide right-of-way) at the Southern most comer of Shadow Ridge - Phase I recorded in Cabinet 1, Page 153, Map Records,Denton County, Texas, said point also being at the beginning of a curve to the left whose chord bears South 27º25'23" West;
THENCE in a Southwesterly direction along said curve to the left having a central angle of 7º10'40", a radius of 540.00 feet, and an arc length of 67.65 feet to a point for comer;
THENCE 89º59'00"West a distance of 271.31 feet to a point for comer;
THENCE South 00º01'00" East a distance of 85.38 feet to a point for comer at the beginning of a curve to the right whose chord bears South 13º18'17" East;
THENCE in a Southerly direction along said curve to the right having a central angle of 64º34'11", a radius of 50.00 feet, and an are length of 56.35 feet to a point for comer;
THENCE South 71º01'12"East a distance of 54.65 feet to a point for comer;
THENCE South 01º29'38" East a distance of 100.83 feet to a point for comer;
THENCE South 81º30'23" West a distance of 83.24 feet to a point for comer;
THENCE South 69º41'13" West a distance of 39.49 feet to a point for comer;
THENCE South 75º50'46" West a distance of 61.50 feet to a point for comer;
THENCE South 84º02'53" West a distance of 180.55 feet to a point for comer;
THENCE South 88º30122" West a distance of 485.17 feet to a point for comer;
THENCE South 88º25'35" West a distance of 50.00 feet to a point for comer;
THENCE South 01º34'25" East a distance of 12.93 feet to a point for comer;
THENCE South 88º25'35" West a distance of 115.00 feet to a point for comer;
THENCE South 01º34'25" West a distance of 405.67 feet to a point for comer;
THENCE North 89º59'00" East a distance of 1255 12 feet to the POINT OF BEGINNING and containing 8.79 acres of land, more or less.
T' )MTBTI A
PERIMETER LOTS
Phase One
None
Phase Two
The Perimeter Lots are Lots 1-12, Block G, and Lot 1 Block E of Shadow Ridge
South, Phase Two, an Addition to the City of Flower Mound, Texas.