HomeMy WebLinkAboutORD 2000-071 ORDINANCE NO. 2000-71
AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z00-09 ON A TRACT
OF LAND OUT OF THE J.R. DOSS SURVEY, ABSTRACT
NO. 440, DESCRIBED AS BEING A TRACT OF LAND LYING
AND BEING SITUATED IN THE CITY OF GRAPEVINE,
TARRANT COUNTY, TEXAS MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "CN" NEIGHBORHOOD COMMERCIAL
DISTRICT REGULATIONS TO "R-5.0" ZERO-LOT-LINE
DISTRICT REGULATIONS; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
THE ZONING ORDINANCE; PROVIDING A CLAUSE
RELATING TO SEVERABILITY; DETERMINING THAT THE
PUBLIC INTERESTS, MORALS AND GENERAL WELFARE
DEMAND A ZONING CHANGE AND AMENDMENT THEREIN
* MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
• EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas by making applications for same with the Planning & Zoning
Commission of the City of Grapevine, Texas as required by State statutes and the zoning
ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and
prerequisites having been complied with, the case having come before the City Council
of the City of Grapevine, Texas after all legal notices, requirements, conditions and
prerequisites having been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether these requested changes should be granted or denied; safety of the motoring
public and the pedestrians using the facilities in the area immediately surrounding the site;
safety from fire hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing elements and glare of the vehicular and
stationary lights and effect of such lights on established character of the neighborhood,
location, lighting and types of signs and relation of signs to traffic control and adjacent
property, street size and adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate neighborhood, adequacy of
parking as determined by requirements of this ordinance for off-street parking facilities,
location of ingress and egress points for parking and off-street locating spaces, and
protection of public health by surfacing on all parking areas to control dust, effect on the
promotion of health and the general welfare, effect on light and air, the effect on the
transportation, water sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council of the City of Grapevine, Texas did consider the following factors
in making a determination as to whether this requested change should be granted or
denied; effect on the congestion of the streets, the fire hazards, panics and other dangers
possibly present in the securing of safety from same, the effect on the promotion of health
and the general welfare, the effect on adequate light and air, the effect on the
overcrowding of the land, the effect on the concentration of population, the effect on the
transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, the City Council further considered among other things the character
of the district and its peculiar suitability for particular uses and with the view to conserve
the value of buildings, encourage the most appropriate use of land throughout this city;
and
WHEREAS, the City Council of the City of Grapevine, Texas does find that there
is a public necessity for the zoning change, that the public demands it, that the public
interest clearly requires the amendment, that the zoning changes do not unreasonably
invade the rights of those who bought or improved property with reference to the
classification which existed at the time their original investment was made; and does find
that the change in zoning lessens the congestion in the streets, helps secure safety from
fire, panic and other dangers; promotes health and the general welfare; provides adequate
light and air; prevents the overcrowding of land; avoids undue concentration of population;
facilitates the adequate provisions of transportation, water, sewerage, schools, parks and
other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas has determined that
there is a necessity and need for this change in zoning and has also found and determined
that there has been a change in the conditions of the property surrounding and in close
proximity to the property requested for a change since this property was originally
classified; and, therefore, feels that a change in zoning classification for the particular
piece of property is needed, is called for, and is in the best interest of the public at large,
the citizens of the City of Grapevine, Texas and helps promote the general health, safety,
and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPE VI NE, TEXAS:
ORD. NO. 2000-71 2
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z00-09 to rezone the following described
property to-wit: being a 8.582 acre tract of land out of the J.R. Doss Survey, Abstract
No. 440, Tarrant County, Texas (1720 West Glade Road), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "CN" Neighborhood Commercial District Regulations is hereby changed to "R-5.0"
Zero-Lot-Line District Regulations, all in accordance with Comprehensive Zoning
Ordinance No. 82-73, as amended. Provided, however, that the property described in
Exhibit "A" shall be governed by the Deed Restrictions in Exhibit "B" and the Concept Plan
in Exhibit "C", attached hereto and made a part hereof.
Section 2. The City Manager is hereby directed to correct the official zoning map
of the City of Grapevine, Texas to reflect the herein change in zoning.
Section 3. That in all other respects, the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City
of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the
City of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business,
commercial needs and development of the community. They have been made with
reasonable consideration, among other things, of the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of
buildings and encouraging the most appropriate use of land throughout the community.
Section 5. This ordinance shall be cumulative of all other ordinances of the City
of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to
be severable and that if the validity of the zoning affecting any portion of the tract or tracts
of land described herein shall be declared to be invalid, the same shall not affect the
validity of the zoning of the balance of the tract or tracts of land described herein.
ORD. NO. 2000-71 3
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of July, 2000.
APPROVED:
William D. Tate
Mayor
ATTEST:
` � I
Lind Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO, 2000-71 4
BZOeio
EXHIBIT "A" EXH(BITL TO ada0•00- 1�
Legal Description Page _./___ of L
Being an 8. 582 acre tract and being a portion of that certain
42.445 acre tract out of the J. R. Doss Survey, Abstract No. 440 ,
Tarrant County, Texas, conveyed to Harris R. Feder , Jr . and
David M. Fender by a deed recorded in Volume 6106, Page 629 , Deed
Records of Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING at a concrete and. brass Texas State Highway Department
right-of-way monument found at the intersection of the easterly
right-of-way of State Highway 121 and the northerly right-of-way
of Glade Road (County Road 3036) ;
THENCE N 89°44 ' 27" E along said northerly right-of-way of Glade
Road for a distance of 2,171.44 feet, at 2,169 .84 feet passing an
iron rod, to a 1/2 inch iron rod set for the southwest corner of
said 8.582 acre tract, said southwest corner being the POINT OF
BEGINNING;
THENCE N O1°05' 52" W along the western boundary of _said 42. 445
acre tract for a distance of 574.24 feet to a 1/2 inch iron rod
set for corner;
THENCE S 89°51 '19" E for a distance of 656.08 feet to a 1/2 inch
iron rod set for corner in the eastern boundary of said 42. 445
acre tract;
THENCE S 00°07 ' 04" E along the eastern boundary of said 42 .445
acre tract for a distance of 574 .12 feet to a 1/2 inch iron rod
found for corner in the northerly right-of-way of Glade Road;
THENCE N 89°51 ' 16" W along the said northerly right-of-way of
Glade Road for- a distance of 646. 26 feet to the POINT OF
BEGINNING;
CONTAINING 373, 839.99 square feet or 8. 582 gross acres of land.
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR THE
MEADOW PARK SUBDIVISION TO THE
CITY OF GRAPEVINE, TEXAS
THIS DECLARATION, made this 28th day of July, 2000, by Founders -
Development Company, L.L.C., a Texas corporation(hereinafter referred to as
"Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of certain real property (the "Property" or
"Properties") in the County of Tarrant, State of Texas, more particularly described on
Exhibit A, attached hereto and made a part hereof; and
WHEREAS, Declarant desires to subject the Property to certain easements,
covenants, conditions, restrictions, charges and liens for the benefit of such Property, its
present and subsequent owners, and the Association as hereinafter specified.
NOW, THEREFORE, Declarant hereby declares that all of the Property (together
with any property which may be added pursuant to the terms hereof) shall be held, sold
and conveyed, subject to the following easements, covenants, conditions, restrictions,
charges and liens (the "Restrictions"). Such Restrictions shall run with such Property and
shall be binding on all parties having or acquiring any right, title or interest in such
Property, or any part thereof, and shall inure to the benefit of each owner thereof, and the
Association. These Restrictions do not exclude the City of Grapevine municipal authority
or contradict, amend or alter any City Ordinances or regulations.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration, or any Supplemental
Declaration, unless the context shall prohibit, shall have the following meanings:
A. "Association" shall mean Meadow Park Homeowners Association,
Inc., a Texas non-profit corporation, its successors and assigns.
B. "Board of Directors" shall mean the Board of Directors of the Association.
C. "Bylaws" shall mean the Bylaws of the Association.
D. "Committee" shall mean the Architectural Review Committee.
EXHIBIT TO A-AIWL,7/
Page of .44../..rm
DECLARATION OF COVENANTS AND RESTRICTIONS Page 1
E. "Contract Seller" or"Builder" shall mean an Owner who purchases a Lot
for resale and is not an occupant of any improvements thereon.
F. "Declarant" shall mean and refer to Founders Development Company,
L.L.C., its successors and assigns.
G. "Green Area(s)" shall refer to all sidewalks, structural improvements and
landscape improvements within the public right-of-way.
H. "Lot" shall mean any numbered plot of land shown upon any recorded
subdivision plat of the Properties that is not also designated as part of
the Green Area.
I. "Member" shall mean every person or entity that holds membership in the
Association.
J. "Owner" shall mean the record owner, whether one of more persons or
entities, of fee simple title to any Lot.
K. "Perimeter Fencing and Entry Features" shall mean the walls, fencing and
landscape improvements constructed and installed at the two entrances to
the Subdivision and along Glade and Baze Roads and shall include masonry
columns at least every 25 linear feet.
L. The "Properties" shall mean all the property hereinabove described and
additions thereto which are subject to this Declaration.
M. "Street" means any street, road, drive, highway or other thoroughfare as
shown on any recorded plat of the Properties.
N. "Subdivision" shall mean Meadow Park, an addition to the City of
Grapevine, Tarrant County, Texas, to be platted into a 40 lot residential
neighborhood, and any amendments or additions thereto, and any
Properties not within the Subdivision but which have been added to the
scheme of the Declaration.
EXHIBIT J3 To 2AW 31
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DECLARATION OF COVENANTS AND RESTRICTIONS Page 2
ARTICLE II
ARCHITECTURAL CONTROL
A. Architectural Control. No structure shall be erected, placed or altered on
any Lot in this Subdivision until the structure's plans and specifications and the Lot plan
(showing the location of such structure on the Lot) (collectively, the "Plans") have been
approved as to conformity with the Restrictions, quality, materials and as to conformity
and harmony of external design with existing (and approved or proposed) structures in the
Subdivision, and as to location of the structure with respect to topography and finished
ground elevation. Effective as of the date of this Declaration, there is formed an
Architectural Review Committee, (herein referred to as the "Committee"), which is
composed of two (2) members. Each member of the Committee shall have one (1) vote.
The initial members of the Committee will be composed of Cary Clarke and Ben Johnson.
If Declarant is a Class B Member, Declarant shall appoint any member(s) needed to fill a
vacancy or vacancies. If the Declarant is not a Class B Member, the vacancies on the
Committee shall be filled by appointments by the Board of Directors. The stated term of
the members shall be for one year, expiring each June 30; with each being automatically
reappointed unless another appointment is made by Declarant or the Board of Directors,
as applicable.
Upon approval by the Committee of the Plans as herein provided, the
Committee shall evidence its approval in writing, with each member indicating his/her
written approval by memorandum or directly upon such Plans and the applicant Owner
may then commence construction. The Committee shall approve or reject in writing any
Plans, within ten (10) business days after the receipt of the submitted Plans or such
approval will deemed to have been given. If such Plans are not submitted to the
Committee, before the commencement of construction of the improvement and if no suit
to enjoin the erection of such structure is filed by Declarant or any member of the
Committee prior to the completion of such improvements, the Committee approval will
not be required, but such shall not preclude recovery by any other Owner of any actual
damages resulting from violation of this or any other restrictions.
Anything herein to the contrary notwithstanding, during the initial
development of the Properties, the Committee may limit its review to a review of a typical
set of Plans and materials for the proposed residence type, and upon the Committee's
approval of such typical Plan, residences may be constructed consistent with the approved
Plan without the requirement of further review or approval by the Committee.
B. Limitation of Liability. No approval of Plans by the Committee shall be
construed as a representation, warranty or implication that the improvements, if built in
accordance therewith, will be free from defects, shall meet applicable codes and laws, or
will be built in a good and workmanlike manner. Any approvals of the Committee shall be
concerned solely with matters of aesthetics and the satisfaction of the requirements set
forth in the Declaration. None of the Declarant, the Association, the Committee or the
DECLARATION OF COVENANTS AND RESTRICTIONS
EXHIBIT Tq Lddk Page 3
Page of -at/.
directors, officers or members thereof, shall be liable or responsible to anyone submitting
Plans for approval, for any loss or damage arising out of or related to the approval,
disapproval or failure to approve any such Plans, the noncompliance of such Plans with
applicable codes and laws, or the construction undertaken pursuant to such Plans.
Approval of the Plans by the Committee shall not be construed as approval or an
indication of approval by the City of Grapevine, Texas.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
A. Membership.
1. Every person or entity who is a record Owner of a fee interest in
any Lot which is a part of the Properties, including Contract
Sellers, or Builders who own the Lot (and do not merely have it
under contract), shall be a Member of the Association. The
foregoing is not intended to include persons or entities that hold an
interest in a Lot merely as security, unless such persons or entities
acquire title to a Lot through judicial or non judicial foreclosure,
deed in lieu of foreclosure or other action.
2. Membership in the Association shall be appurtenant to and shall
not be separated from ownership of a Lot. Ownership of a Lot
shall be the sole qualification for Membership. When more than
one (1) person holds an interest in any Lot, all such persons shall
be Members, but the vote for such Members shall be exercised as
they among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any such Lot.
B. Classes. There shall be two classes of voting Members:
1. The Class A Members shall be all those Owners other than the
Declarant.
2. The Class B Member shall be the Declarant, its successors or
assigns. Class B Membership may cease and be converted to
Class A Membership at the option of the Class B Member, by its
written notice to the Secretary of the Association.
C. Voting Rights.
1. Class A Members shall be entitled to one (1) vote for each Lot
owned.
EXHIBIT TO 19,1,9 - 7/
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DECLARATION OF COVENANTS AND RESTRICTIONS Page 4
EXHIBIT � To ef1/2//,/en-, -:"7/
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2. Class B Member shall be entitled to ten(10) votes for each Lot
owned (whether or not it is under contract to a Contract Seller or
Builder).
3. No cumulative voting shall be permitted.
4. Only those Members who are in good standing with the
Association may vote.
ARTICLE IV
ADMINISTRATION AND MANAGEMENT
A. Governing Documents. These Restrictions, the Articles of Incorporation,
Bylaws and published rules and regulations of the Association and the Committee, if any
shall govern the administration of the Properties.
B. Board of Directors.
1. While the Declarant is a Class B Member, all Directors of the
Association shall be elected by the Class B Member.
2. So long as the Declarant is not a Class B Member, all Directors of
the Association shall be elected by the Class A Members.
ARTICLE V
PROPERTY RIGHTS IN THE GREEN AREA
A. Extent of Member's Easements. Members, their families and guests, are
hereby granted a blanket easement to use and enjoy the Green Area for recreational, social
and other purposes directly related to private single-family residential uses authorized
herein, subject to the following:
1. The Association shall have the right to promulgate and publish
rules and regulations with which each Member shall strictly
comply.
2. The Declarant and the Association, in accordance with the Articles
and Bylaws, shall have the right to borrow money for the purpose
of improving, renovating and reconstructing the Green Area, and
with written consent of seventy-five percent (75%) of the Class A
Members entitled to vote and the Class B Member voting in person
or by proxy on such matter at a meeting called for such purpose,
written notice of which shall be given to all Members at least thirty
DECLARATION OF COVENANTS AND RESTRICTIONS Page 5
EXHIBIT. 6 . TO-(kiAtc - I/
Pago _4'.._._ of , • -' ,
(30) days in advance and shall set forth the purpose of the meeting,
to mortgage said Green Area as security for any such loan.
B. Personal Property for Common Use. The Association may acquire and
hold in the name of the Association for the use and benefit of all Members, tangible and
intangible, real or personal property, and may dispose of the same by sale or otherwise.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENT
A. Creation of Lien and Personal Obligation of Assessment. Declarant, for
each Lot owned by it within the Properties, hereby covenants, and each Owner of any Lot
by acceptance of the deed therefore, whether or not it shall be so expressed in the deed,
covenants and agrees to pay to the Association all assessments set forth herein and/or
established by the Association, and with respect to the enforcement of payment of such
assessments, hereby consents to the lien established herein. Such assessments shall be
fixed, established and collected from time to time as provided in the Bylaws. The annual
and special assessments, together with such interest thereon and costs of collection
thereof, including reasonable attorney's fees, shall be a charge upon the Lot and a
continuing lien upon the Lot against which each such assessment is made. Each such
assessment, together with such interest, reasonable attorney's fees and costs of collection
thereof, shall be a personal obligation of the Owner of the Lot at the time when the
assessment falls due. Such personal obligation shall not pass to Owner's successors in
title unless expressly assumed by them.
B. Purpose of Assessments. The assessments levied by the Association shall
be used exclusively for the purpose of promoting the recreation, health, safety, enjoyment
and welfare of the residents in the Properties, and in particular for the improvement,
reconstruction and maintenance of the Green Area, Perimeter Fencing and Entry Features,
and any other purpose reasonable, necessary or incidental to such purposes as determined
by the Board of Directors. Subject to Paragraph E hereof, all assessments must be fixed at
a uniform rate for all Lots.
C. Basis of Annual Assessments.
1. Green Area and Perimeter Fencing and Entry Features assessments.
a. The annual assessments shall be based upon the cash requirements,
as the Board of Directors shall from time to time determine,
necessary to provide for the payment of all estimated expenses
arising out of, or connected with the maintenance, replanting and
reconstruction of the Green Area and Perimeter Fencing and Entry
Features. This assessment shall include assessed taxes and
insurance premiums, if any, for the Green Area.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 6
EXHIBIT, k . 10 '
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b. The maximum annual assessment for any Lot shall be Three
Hundred Sixty Dollars ($360.00) per year. The maximum may be
changed as follows:
i. The maximum annual assessment may by increased each
calendar year by not more than ten percent (10%) above the
maximum assessment for the previous year without a vote
of the Membership.
ii. The Board of Directors may, from time to time, fix the
annual assessment at any amount less than or equal to the
maximum without a vote of the Membership.
iii. A majority of the Members voting in person or by proxy on
such matter at a meeting called for such purpose, written
notice of which shall be given to all Members at least thirty
(30) days in advance, setting forth the purpose of the
meeting, shall be required to increase the maximum annual
assessment for any one year by more than the percentage
set forth in(i) above.
D. Date of Commencement of Annual Assessments. Annual assessments shall
be imposed on the Lots owned by Owners other than Declarant from and after the date
established by Declarant, but not earlier than sixty(60) days after written notice of the
commencement thereof is provided to the Owners by Declarant, and shall be payable
annually on or before each June 30th immediately after the date of imposition, or in equal,
monthly installments, due and payable on the 1st day of each calendar month, commencing
on the first day of the first calendar month following the meeting in which the Board of
Directors voted to provide for the monthly payment.
E. Discounted Assessments Prior to Initial Occupancy. Annual assessments
(but not special assessments) on Lots within the Properties owned by Contract Sellers or
Builders (whether with or without improvements, but if the respective Lot has
improvements, only if the improvements are not occupied by Contract Seller or the
Builder) shall be assessed at one-half(1/2) of the assessment rate until the date of initial
occupancy of the improvements thereon; from and after such initial occupancy, the Annual
Assessment applicable to such Lot shall be at the full assessment rate (prorated for any
portion of the year remaining).
F. Special Assessments for Capital Improvements. Upon the affirmative vote
of the Class B Member and a majority of the Class A Members voting in person or by
proxy at a meeting called for such purpose, written notice of which shall be given to all
Members at least thirty(30) days in advance setting forth the purpose of such meeting, the
Association may levy, in addition to the annual assessments, a special assessment in any
calendar year applicable to that year only, for the purpose of defraying in whole or in part
DECLARATION OF COVENANTS AND RESTRICTIONS Page 7
EX !311_ TO ,97/6
U
of
the costs of construction, reconstruction, repair or replacement of a capital improvement
upon the Green Area or Perimeter Fencing and Entry Features, including necessary
fixtures and personal property related thereto; any special assessment shall be levied
equally on the Lots owned by Owners other than the Declarant. The special assessment
shall be payable in accordance with the terms set forth in the motion approving such
assessment.
G. The Effect of Non-Payment of Assessments; Remedies of the Association.
Each Owner, other than Declarant, shall be deemed to covenant and agree to pay the
Association the assessments provided for herein, and each agrees to the enforcement of
the assessments in the manner herein specified. In the event the Association employs
attorneys for collection of any assessment, whether by suit or otherwise, or to enforce
compliance with or specific performance of the terms and conditions of this Declaration,
each Owner owing delinquent assessments agrees to pay interest on all delinquent
amounts from the date of the delinquency through the date of payment equal to the highest
legal rate of interest per annum on such amount, reasonable attorneys' fees and costs
thereby incurred, as well as, any other amounts due and any other relief or remedy
obtained against said Owner. In the event of a default in payment of any such assessment
when due, the assessment shall be deemed delinquent, if not paid within ten (10) days,
and, in addition to any other remedies herein or by law provided, the Association may (i)
prohibit the Owner, the members of the Owner's family and any guests or tenants of the
Owner from using the Green Area, and (ii) enforce each such obligation in any manner
provided by law or in equity, specifically including; but not limited to:
1. Enforcement by Suit. The Board of Directors may cause a suit at
law to be commenced and maintained in the name of the
Association against an Owner to enforce each such assessment
obligation. Any judgment rendered in any such action shall
include the amount of the delinquency, together with interest
thereon at the highest legal rate from the date of delinquency, court
costs and reasonable attorneys' fees.
2. Enforcement by Lien. There is, to the full extent permitted by law,
hereby created a lien, with power of sale, on each Lot within the
Subdivision to secure payment to the Association of any and all
assessments levied against all Owners of such Lots under this
Declaration, together with interest thereon at the highest legal rate
from the date of delinquency and all costs of collection which may
be paid or incurred by the Association in connection therewith,
including reasonable attorneys' fees. At any time after the
occurrence of any default in the payment of any assessment, the
Association, or any authorized representative, may, but shall not be
required to, make a written demand for payment to the defaulting
Owner on behalf of the Association. Said demand shall state the
date the assessment was due and the amount of delinquency.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 8
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Each default shall constitute a separate basis for a demand or claim
of lien, but any number of defaults may be included within a single
demand or claim of lien. If such delinquency is not paid within ten
(10) days after delivery of such demand, the Board of Directors
may elect to file such a claim of lien in the Real Property Records
of Tarrant County, Texas on behalf of the Association against the
Lot of the defaulting Owner. Such a claim of lien shall be executed
and acknowledged by any officer of the Association, and shall
contain substantially the following information:
a. The name of the delinquent Owner;
b. The legal description and street address of the Lot
against which claim of lien is made;
c. The total amount claimed to be due and owing for
the amount of the delinquency, interest thereon,
collection costs and reasonable attorneys' fees;
d. That the claim of lien is made by the Association
pursuant to the Declaration; and
e. That a lien is claimed against said Lot in an amount
equal to the amount stated, plus accruing interest
and costs.
Upon (1) recordation of a duly executed original or copy of such a
claim of lien, and (2) mailing a copy thereof by certified mail,
postage prepaid, to said Owner at the last known address of said
Owner on the books of the Association, the lien claimed therein
shall immediately attach and become effective in favor of the
Association as a lien upon the Lot against which such assessment
was levied. Such a lien shall have priority over all liens or claims
created subsequent to recordation of the claim of lien thereof,
except only tax liens for real property taxes on any Lot,
assessments on any Lot in favor of any municipal or other
governmental assessment unit and the liens which are hereinafter
specifically described in Paragraph H herein below. Any such lien
may be foreclosed by appropriate action in court or in the manner
provided by law for the foreclosure of a deed of trust as set forth by
the laws of the State of Texas, as the same may be changed or
amended. The lien provided for herein shall be in favor of the
Association and shall be for the benefit of all other Owners. The
Association shall have the power to bid at any foreclosure sale and
to purchase, acquire, hold, lease, mortgage and convey any Lot.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 9
EXH1 i 1 . ''J TO `-i_ 1• Ce. yn' nJJ
�'A wI V t} of r+di— r—
In the event such foreclosure is by action in court, reasonable
attorneys' fees, court costs, title search fees, interest and all other
costs and expenses shall be allowed to the extent permitted by law.
Each Owner, by becoming an Owner in the Subdivision, hereby
expressly waives any objection to the enforcement and foreclosure
of this lien in this manner.
H. Subordination of the Lien to Mortgagees. Any lien for a delinquent
Assessment on a Lot shall be subordinate to any first deed of trust lien on said Lot, which
was recorded before the delinquent assessment became due. Sale or transfer of any Lot
shall not affect the lien for delinquent assessments; however, the sale or transfer of any Lot
by the holder of the first lien deed of trust pursuant to a mortgage foreclosure or any
proceeding in lieu of foreclosure, shall extinguish any assessment lien which became a lien
prior to such sale or transfer. No sale, transfer foreclosure or deed in lieu of foreclosure
shall release the Owner from the Owner's obligations hereunder or such Lot from liability
for any assessments or liens becoming due or fixed after such sale or transfer.
ARTICLE VII
RESTRICTIONS ON USE AND MAINTENANCE OF PROPERTY
A. Use Restrictions. Except as may be modified by a Supplemental
Declaration with respect to another phase of the Subdivision, the following Restrictions
shall be applicable to the use of any Property subject to this Declaration:
1. Residential Purposes Only. Except for the Green Area, no Lot on
the Properties shall be used for any purpose other than single-
family residential purposes unless otherwise shown on the official
recorded plat, which will contain 40 residential lots.
2. Minimum Square Footage. The main living areas of each
residential structure, exclusive of open porches or garages, shall
contain not less than Two Thousand Two Hundred (2,200) square
feet of principal air conditioned living area. No more than 4 homes
in the Subdivision may be reduced below the minimum square
footage and must contain at least Two Thousand (2,000) square
feet of principal air conditioned living area.
3. Masonry Requirement. At least eighty percent (80%) of the
exterior walls (other than windows and doors) of the residential
structure shall be clad in brick, brick veneer, stone, stone veneer,
stucco, stucco veneer or Hardi Plank siding.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 10
E i iZli TO LJ/
4. Roofs. All roofs shall be constructed of slate, tile, 230-pound
composition shingles or other materials approved by the
Committee. The color of such roofing materials must first be
approved by the Committee and otherwise be in compliance in all
respects with applicable City of Grapevine ordinances. The
minimum roof pitch of any structure shall be eight (8) feet by
twelve (12) feet unless a written variance request is approved by
the Committee.
5. Carports. No carports shall be allowed within the Properties.
6. Animals. No birds, animals, livestock or poultry of any kind shall
be raised, bred or kept on any part of the Properties, except that not
more than two (2) dogs, cats or other household pets in the
aggregate may be kept on any Lot, and then only if they are kept,
bred or raised solely as domestic pets and not for commercial
purposes. Such pets must be kept within the rear, private, fenced
yard of the Owner. Pets shall not be permitted to run at large, but
shall be kept under the control of Owners, or guests of the Owners,
by leash, cord or chain. The Owner of any pet shall immediately
remove excrement deposited by said pet upon the public streets or
Green Area. Habitual barking, howling, yelping or otherwise
noisy pets shall be determined a nuisance. The Board of Directors
shall have exclusive authority to determine, in its sole and absolute
discretion, if a particular animal, bird or pet is a generally
recognized household or barnyard animal or a nuisance. No horses
or barnyard animals shall be kept on the Properties.
7. Mineral Operations. No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind shall be
permitted upon or in the Properties, nor shall oil wells, storage
tanks, tunnels, mineral excavations or shafts be permitted upon or
in the Properties. No derrick or other structure designed for use in
boring for oil or natural gas shall be erected, maintained or
permitted upon the Properties.
8. Nuisances. No nuisance or noxious or offensive activity shall be
carried on or upon the Properties or any part thereof, nor shall
anything be done or maintained thereon which may disturb the
neighborhood or occupants of adjoining property, or detract from
its value as an attractive residential community. The Board of
Directors shall have exclusive authority to determine, in its sole
discretion, what may constitute a nuisance or offensive activity.
Without limitation, no exterior speakers, horns, bells or other
sound devices, excluding security devices, shall be used on the
DECLARATION OF COVENANTS AND RESTRICTIONS Page 11
Properties in a manner that, in the opinion of the Board of
Directors, causes or creates a nuisance when utilized by the Owner.
No Owner shall allow lawn grass or weeds to grow in its Lot in
excess of four inches (4") high - to do so shall be deemed to be a
nuisance, and the Association is hereby granted an easement to
enter upon said Lot in order to mow the grass and weeds and
charge the Owner for the cost thereof, such cost being deemed to
be an assessment hereunder, being payable by the Owner within
thirty (30) days after written demand therefore.
9. Garages/Patio Storage. Each residence shall not have less than a
two (2) car garage. On all Lots other than corner Lots, a minimum
of two (2) walls (the wall facing the street and the wall facing the
interior of the Lot) of the first floor of attached garages shall be of
brick, brick veneer, stone, stone veneer, stucco or stucco veneer
construction. On all corner Lots, a minimum of three (3) walls (the
walls facing the streets and the wall facing the interior of the Lot)
shall be of brick, brick veneer, stone, stone veneer, stucco or stucco
veneer construction. Garage doors shall be kept closed when not
in use. Patios and balconies shall not be used for storage other than
patio furniture.
10. Green Area. No Owner or occupant shall remove or significantly
alter any tree or landscaping in any street, right-of-way or any other
part of the Green Area, unless permission in writing is first granted
by the Association. The Green Area shall be used for recreational,
social, access, utility easement and other purposes directly related
to private, single-family use.
11. Waste. No Lot shall be used or maintained as a dumping ground
for rubbish, grass clippings, garbage or trash. Garbage and other
waste shall be kept in sanitary containers. All containers for the
storage or disposal of such materials shall be kept inside the
residence or connected garage, except on the scheduled trash pick-
up days.
12. Vehicles. Trucks with tonnage in excess of one (1) ton shall not be
permitted to park on streets, driveways or Lots overnight, and no
vehicle of any size that normally transports inflammatory or
explosive cargo may be kept in the Subdivision at anytime. 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 in the driveway or the front yard of
any Lot or parked on any public street in the Subdivision.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 12
N 1; ti
Pit ' /3 o c
The keeping of any inoperable vehicles, with or without wheels, on
any Lot or public street in the Subdivision is expressly prohibited.
13. Signals. No radio signals, television signals or other form of
electromagnetic radiation shall originate from any Lot which may
unreasonably interfere with the reception of television or radio
signals on any other Lot.
14. Lighting. No lighting or illumination shall be placed upon any Lot
in such a manner as to cause unreasonable glare or illumination on
any other Lot.
15. Signs. No sign, of any kind shall be displayed to the public view
on any part of a Lot except one professional sign per dwelling of
not more than ten(10) square feet advertising a dwelling for sale or
rent, or used by a Contract Seller or Builder to advertise dwellings
during the construction and sales period. The Declarant is
permitted to use larger signs and erect permanent signs near the
entrances of the Subdivision.
l 6. Antenna. Any radio or television antenna or satellite dish shall be
behind a fence screening such antenna or dish from view from the
street in front of the Lot and from the adjoining Lots. No antenna
or satellite dish shall be attached to the exterior of any structure,
provided, however, the Committee may grant a variance to any
Owner if it is done in writing.
17. Wires. No permanent outdoor overhead wire or service drop for
the distribution of electric energy or for telecommunication
purposes, nor any pole, tower or other structure supporting said
outdoor overhead wires shall be erected, placed or maintained
within the Properties except during construction of the structure.
All Owners shall use underground service wires to connect their
residence to the underground electric, telephone and cable
television facilities.
18. Fences and Walls. All fences shall be of a wood, masonry or
wrought iron construction and shall not exceed a height of six feet
(6') from ground level; provided, however the Committee, upon
written request of the Owner, and for proper cause as judged by the
Committee, may grant a variance to the height limit to allow
fencing which exceeds the six foot limit [but no fence shall exceed
eight feet (8') in height] if such variance is granted in writing. All
fences constructed of wood must be solid and constructed of
standard size planks with the smooth side of the fencing to face
DECLARATION OF COVENANTS AND RESTRICTIONS Page 13
E; 1.1 *,.'1 a TO 7/
H;�'3 1'f G ....... ....
away from the house on sections extending from the side of the
house to the side property line (no stringers or posts shall be visible
from any residential street). All wood fencing shall be composed of
spruce or cedar that may not be painted or stained (except with a
clear stain) on any surface that faces a street or adjoining Lot
unless otherwise approved by the Committee. The panels of any
fence located in a drainage easement shall be elevated at least four
inches (4") above the ground to allow for the passage of water.
Except as may be required by the ordinances of the City of
Grapevine, Texas, all Owners with Lots containing any portion of
the Perimeter Fencing and Entry Features agree not to remove,
alter, paint or otherwise change the general aesthetic effect of the
Perimeter Fencing and Entry Features. All fence(s) within twenty
feet (20') of the Perimeter Fencing and Entry Features shall be a
minimum of four inches (4") below the height of the Perimeter
Fencing and Entry Features. All fences on Lots shall be maintained
in good repair and in a clean, attractive manner. If any such fences
are not maintained, repaired and kept in accordance herewith, the
Association is hereby granted an easement to enter upon the Lot
and perform such functions and charge the Owner for the cost
thereof, such cost being deemed to be an assessment hereunder,
being payable by the Owner within thirty(30) days after written
demand therefore.
19. Drainage. This Subdivision is designed to a master drainage plan
that does allow from time to time drainage to cross from one Lot to
another. All Lots shall be graded and constructed in such a manner
to allow this drainage to cross from one Lot to another in
accordance with the master drainage plan. No improvements shall
be constructed or planted, either initially or at any future date, in
areas that would obstruct the conveyance of the drainage. All
Lots must generally conform to the master drainage plan.
B. Minor Deviations. During the existence of this Declaration, as
supplemented or amended, the Committee shall have the power and right to permit minor
deviations and waivers of the foregoing provisions;provided, however, evidence of the
approval of such deviation or waiver must be in writing.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 14
ARTICLE VIII Pa /. of 3 _
Pap
RESTRICTIONS ON USE OF PROPERTY BY DECLARANT
So long as Declarant owns any interest in the Properties, Declarant hereby
specifically excepts, excludes and reserves the following from each and every conveyance
as if set out fully in each deed and instrument of conveyance executed and delivered by it
to the Owner of a building site or living unit:
A. Sales Activities. The Declarant shall have the right for itself and the power
to grant to one or more Contract Sellers or Builders the right to maintain sales and
administration offices, construction office or trailer and model homes with parking
facilities on the Properties and to conduct sales activities therein.
B. Construction and Completion. The Declarant shall have the right (i) for
itself and the power to grant to one or more Contract Sellers or Builders the right to
construct and complete the construction of single family residential homes, buildings,
drives, lanes, roads and all other improvements on the Properties; (ii) to repair and
maintain the Green Area, Perimeter Fencing and Entry Features; (iii) to use and excavate
the surface and subsurface of the ground for the erection, construction and installation of
improvements and foundations, footing, floorings and basements; (iv) to extend the
drives, lanes and roads located, or to be located, on the Properties; (v) to lease and rent
such residences; (vi) to sell, grant and convey title to purchasers such subsequently
constructed residences; (vii) to use and occupy so much of the Properties as may be
necessary for the construction, reconstruction, maintenance and operation of any of said
residences, Lots, Green Area and other improvements including, but not limited to, the
right to locate, install, maintain and repair all utilities and utility lines necessary for
construction, reconstruction, maintenance and operation; and (viii) to convey to any
county, water district, sanitary sewer district or other municipal or quasi-municipal
corporation all sewer lines and mains and water mains and pipelines constructed or to be
constructed on the Property, together with suitable easements or rights-of-way over said
lines for the required maintenance, repair, replacement and operation thereof
ARTICLE IX
INSURANCE AND INDEMNIFICATION
A. Insurance Requirements Generally. The Association shall obtain and
maintain in full force and effect at all times certain casualty, liability and other insurance as
hereinafter provided. All such insurance shall be obtained, to the extent possible from
responsible companies duly authorized and licensed to do business in the State of Texas
with a rating in Best's Insurance Reports (or any comparable publication) of at least
BBB+ (or any comparable rating). To the extent possible, the casualty, property and
liability insurance:
DECLARATION OF COVENANTS AND RESTRICTIONS Page 15
E H i w',1 T O ‘Ltd42Q(,L.:i.L_.
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1. Shall provide for a waiver of subrogation by the insurer as to
claims against the Association, its directors, officers, employees,
agents and Members.
2. Shall provide that the policy of insurance shall not be terminated,
canceled or substantially modified without at least thirty(30) days
prior written notice to the Association.
3. Shall contain such deductible provisions, as the Board of Directors
deem consistent with good business practice.
The cost and expense of all insurance obtained by the Association shall be paid out of
Association funds.
B. Casualty Insurance. The Association shall obtain and maintain at all times
insurance coverage providing all risk coverage, or the nearest equivalent available, for the
full replacement cost of the Green Area improvements and personal property of the
Association in the amount of the full replacement value without deduction for
depreciation. The insurance shall provide that either the insured or the insurance company
cannot cancel it until after at least thirty (30) days prior written notice is given to the
Association. The insurance described in the Paragraph B shall be inflation coverage
insurance, if such insurance is available, which insurance at all times represents one
hundred percent (100%) of the replacement value of all facilities in the Green Area,
Perimeter Fencing and Entry Features, except land, foundation, excavation and other items
normally excluded from coverage and except for any deductible provisions, as permitted
under Paragraph A of this Article IX. The Association shall, at least every three (3) years,
obtain an appraisal for insurance purposes that shall be maintained as a permanent record,
showing that the insurance in any year represents one hundred percent (100%) of the
replacement value of the facilities in the Green Area and Perimeter Fencing and Entry •
Features.
C. Public Liability and Property Damage Insurance. The Association shall •
obtain and maintain commercial general liability insurance including non-owned and hired
automobile liability coverage, owned automobile liability coverage, if there are any owned
automobiles, personal injury liability coverage, products coverage covering liabilities of
the Association, its officers, directors, employees, agents and Members arising in
connection with ownership, operation, maintenance, occupancy or use of the Green Area
and any other area the Association is required to restore, repair or maintain pursuant to
this Declaration with bodily injury liability limits not less than Five Hundred Thousand
Dollars ($500,000.00) for each occurrence and property damage liability limits of not less
than Five Hundred Thousand Dollars ($500,000.00) for each occurrence, or Five Hundred
Thousand Dollars ($500,000.00) in the aggregate.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 16
D. Worker's Compensation and Employer's Liability Insurance. The
Association shall obtain and maintain worker's compensation and employer's liability
insurance as may be necessary to comply with applicable laws.
E. Fidelity Insurance. The Association may also maintain adequate fidelity
coverage or comparable crime insurance to protect against dishonest acts on the part of
directors, officers, trustees and employees of the Association and all other who handle or
are responsible for handling funds of the Association.
F. Other Insurance. The Association may obtain such additional insurance
coverage against such additional risks, as it shall determine to be appropriate.
G. Indemnification. Each officer and director of the Association shall be
indemnified by the Association against all expenses and liabilities, including attorneys'
fees, reasonably incurred by or imposed upon him in any proceeding to which he may be a
party, or in which he may become involved by reason of his being or having been an
officer or director of the Association or any settlements thereof, whether or not he is an
officer or director of the Association at the time such expenses are incurred, except in
such cases wherein such officer or director is adjudged guilty of willful misfeasance or
malfeasance in the performance of his duties; provided that in the event of a settlement
the indemnification shall apply only when the Board of Directors approve such settlement
the indemnification shall apply only when the Boar of Directors approve such settlement
and reimbursement as being for the best interest of the Association.
ARTICLE X
EASEMENTS AND RIGHTS
A. General Easement. Declarant, so long as it shall retain record title to any
Lot, and the Association reserve the right and easement to the use of the Green Area and
any Lot, or any portion thereof, as may be needed for repair, maintenance or construction
on such Lot or Green Area.
B. Drainage Easement. Each Owner acknowledges and covenants to honor
and provide such easements for drainage and water flow as are shown on the recorded
Plat of the Properties.
C. Utility Easement. An easement of ingress and egress is hereby granted on
all Lots and the Green Area in favor of any utility company for the purpose of repair,
construction and maintenance of all utility lines; provided, however, no new utility lines
may be constructed or no existing utility line may be relocated without the prior approval
of the Architectural Review Committee.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 17
D. Perimeter Fencing and Entry Features Encroachment and Maintenance
Easement. Declarant intends to construct the Perimeter Fencing and Entry Features along
portions of the right of way of certain streets that adjoin the Subdivision. If the Perimeter
Fencing and Entry Features are to be constructed on a respective Lot; the deed delivered
by Declarant for such Lot shall reserve to Declarant a permanent easement for the location
of the Perimeter Fencing and Entry Features, a temporary construction easement within
the Lot and a permanent maintenance, repair and reconstruction easement on and over the
Lot.
ARTICLE XI
PROTECTION OF MORTGAGEES
A. Notice to Association. An Owner who mortgages his Lot and dwelling
shall notify the Association, giving the name and address of the mortgagee. Each
mortgagee shall be permitted to notify the Association of the fact that such mortgagee
holds a deed of trust or mortgage on a Lot. The Association shall maintain a record of
such information.
B. Examination of Books. The Association shall permit first mortgagees
holding first liens on any Lot to examine the books and records of the Association during
normal business hours at the mortgagee's expense.
C. Protection of Mortgagees. First mortgagees of Lots may pay all taxes or
assessments which are delinquent and which may become a lien against the Green Area,
and may pay overdue premiums on hazard insurance policies or secure new hazard
insurance coverage on the lapse of a policy for the Green Area. The first mortgagees
making such payments shall be entitled to reimbursement from the Association.
ARTICLE XII
FACILITIES ON PUBLIC RIGHT-OF-WAY
A. Entry Features. The entry features are proposed to be constructed and
maintained at the entrances to Glade and Baze Roads, public streets controlled and
maintained by the City of Grapevine (the "City"). All construction plans for the entry
features shall be submitted to the City's Building Officials and all such plans and
construction shall comply with the City's ordinances, rules and regulations.
B. Maintenance. The Association agrees to maintain the entry features at all
times in a manner that is consistent with and satisfies all applicable City ordinances, rules
and regulations.
C. City Standards. The entry features are being placed adjacent to the City's
right of way subject to all of City's superior rights, duties and obligations to maintain the
DECLARATION OF COVENANTS AND RESTRICTIONS Page 18
E.:::""7:i '6 7,,,,,pd,9c,e0 -7/
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public right of way in a safe and acceptable manner. If the City at any time concludes that
the entry features are not satisfying the standards above stated, the City shall give the
Association written notice at the address furnished the City by the Association. The
Association shall correct the defect within the time stated in the notice. The notice shall
contain a reasonable time except in the case of an emergency. In the case of an
emergency, the City reserves the right at all times to correct the defect in order to protect
the traveling public.
D. Default. In the event of default on the part of the Association to correct
any defect, to properly maintain the entry features or to collect the assessment and utilize
it to maintain the entry features, the City reserves the option to collect the assessment
authorized in Article VI above and to utilize said funds collected to properly maintain said
entry features.
E. City Liability. The Association does hereby release, relieve, quit claim,
indemnify and hold the City harmless from any and all claims, damages, injuries, causes of
action, lawsuits, legal fees incurred and all reasonable costs associated with the defense of
any such described action and to collect its costs of defense from the Association or to
require the Association to furnish and provide an able defense.
F. Additional Insured. Association does hereby agree to have the City named
as an additional insured under the insurance policies described in Article IX above.
G. Revocation and Amendment. This Article XII or any of the articles that
the City is relying on in this article shall not be amended without City's written consent
evidenced by a resolution approved by the City's City Council.
ARTICLE XIII
GENERAL PROVISIONS
A. Revocation and Amendment. This Declaration shall not be revoked nor
shall any of the provisions herein be amended unless approved in writing by at least sixty-
six and two-thirds percent (66-2/3%) of the Members voting in person or by proxy on
such matter at a meeting called for such purpose, written notice of which shall be given to
all Members at least thirty(30) days in advance and shall set forth the purpose of the
meeting. Such amendment or revocation shall be effective when duly recorded.
B. Term. The covenants, conditions and restrictions of this Declaration shall
run with and bind the land subject to this Declaration, and shall inure to the benefit of and
be enforceable by Declarant and/or the Association and their respective legal
representatives, successors and assigns, for the term of thirty(30)years from the date that
this Declaration is recorded in the Real Property Records of Tarrant County, Texas, after
which time the Declaration shall automatically be extended for successive periods of five
(5) years unless an instrument terminating the Declaration has been signed by the majority
DECLARATION OF COVENANTS AND RESTRICTIONS Page 19
of the Members and has been recorded in the Real Property Records of Tarrant County,
Texas.
C. Complaints by Owner. If any Owner believes any other Owner is in
violation of this Declaration, he or she may so notify such Owner in writing explaining the
reasons for such complaint. If the Owner fails to remedy the alleged violation within ten
(10) days after delivery of such notice, a complaint may be transmitted in writing to the
President of the Association, who shall thereupon notify the Board of Directors. The
Board shall have the right to institute appropriate mediation, arbitration or legal action, at
law or in equity, to enforce this Declaration, and may recover its reasonable expenses,
including attorney's fees.
D. Complaints by Association. If the Association believes any Owner is in
violation of this Declaration, it shall so notify such Owner in writing, explaining its reason
for such complaint. If the Owner fails to remedy the alleged violation within ten (10) days
following delivery of such notice, then the Association shall have the right to institute
appropriate mediation, arbitration or legal action, at law or in equity, to enforce this
Declaration, and may recover its reasonable expenses, including attorney's fees.
E. Waiver of Enforcement. Waiver of enforcement of any Restriction
contained in this Declaration shall be limited to that particular covenant and shall not be
construed to be a waiver of any other Restriction contained herein. All waivers shall be in
writing; Association's, Declarant's or any Owner's failure to act shall not be deemed a
waiver of any right to enforce the terms or provisions of this Declaration.
F. Severability. Invalidation of any portion of this Declaration by judgment or
court decree shall not affect any other provisions, all of which shall remain in full force and
effect. Nothing herein shall be in conflict with Texas Homestead Law. Should a provision
herein be in conflict, the terms of the Texas Homestead Law shall apply. All other
provisions shall remain in full force and effect.
G. Effect of Ordinances. Police, fire and other public safety ordinances of any
governmental corporation or unit having jurisdiction over any portion of the Properties
shall govern where more restrictive than the terms of this Declaration.
H. Condemnation. In the event of any condemnation, destruction or
liquidation of any part of the Green Area, all Owners hereby designate the Association to
represent the Owners in any proceedings, negotiations, settlements or agreements
connected therewith. The Owners hereby appoint the President of the Association as
attorney-in-fact for this purpose.
DECLARATION OF COVENANTS AND RESTRICTIONS Page 20
EXH€3IT `‘.6 . TO aid**o-
PaC3 of -71
IN WITNESS WHEREOF, the undersigned have hereunto set its hand and seal as the day
and year first above written.
DECLARANT:
Founders Development Company, L.L.C.
by:
r
City Manager Cary Clarke, 'resident
Cary • ke Hof s, I a
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City Se retary 'S Ben Johnso f'resident
Johnson Diversified Enterprises, Inc.
Approved as to Form:
d, ..
City Attorney
DECLARATION OF COVENANTS AND RESTRICTIONS Page 21
EX H: d A__. TO 'dg- • 71
The State oN.�„t,�L4- Pc3 X202 of �3
County of■—../Q-A,A-CLAt
Before me L 0 t S 7 u1 Pd/ on this day personally appeared
a,., ] n_/arK� known to me (or proved to me on the oath of
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(description of identity card or other document)to be the/person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
Given un:e ,I." , d and E�lso , his i 4 .4ay of 0e.--iUb,P.I A.D. OC)l
is r Notary Public,State of Texas
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The State of.10...`4'&'
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Before me b O i•s TO we-II on this day personally appeared
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(description of identity card or other document)to be the person whose name is
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the same for the purposes and consideration therein expressed. L
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SE� ate,_i� �� Notary Public,State of Texas ,
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(description of identity card or other document)to be the per/on whose name is
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the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this ,`" day of , L ; -c' ,_ A.D. 19 L
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DECLARATION OF COVENANTS AND RESTRICTIONS Page 22
E;-1: T ` _ TO /(k&Aca?w.�/
EXHIBIT "A"
Description of the Properties
The Properties subject to the foregoing Declaration of Covenants and Restrictions
are more particularly described as follows:
BLOCK LOT BLOCK LOT
1 1 2 1
1 2 2 2
1 3 2 3
1 4 2 4
1 5 2 5
1 6 2 6
1 7 2 7
1 8 2 8
1 9 2 9
1 10 2 10
1 11 2 11
1 12 2 12
1 13 2 13
1 14 2 14
1 15 2 15
1 16 2 16
1 17 2 17
1 18 2 18
2 19
2 20
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All of Meadow Park, an Addition to the City of Grapevine, Texas, according to
the plat filed in Cabinet , Slide , Plat Records of Tarrant
County, Texas.
Return to:
Founders Development Company, L.L.C.
3200 Summit Court
Grapevine, Texas 76051
DECLARATION OF COVENANTS AND RESTRICTIONS Page 23
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