HomeMy WebLinkAboutResolution No. 07-023
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 07- c;~5
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT GOVERNING LAND IN THE CITY OF THE
COLONY EXTRATERRITORIAL JURISDICTION,
SPECIFICALLY BEING THE WATER'S EDGE SUBDIVISION,
FOR THE PURPOSE OF ESTABLISHING TERMS AND
CONDITIONS SURROUNDING CURRENT AND FUTURE
DEVELOPMENT AND A FUTURE DATE TO BEGIN
ANNEXATION PROCEEDINGS OF SAID SUBDIVISION;
ATTACHING THE APPROVED AGREEMENT AS EXHIBIT A;
AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves the AGREEMENT GOVERNING LAND IN THE CITY OF THE COLONY
EXTRATERRITORIAL JURISDICTION between the City of The Colony and the
Water's Edge Homeowner's Association for the purpose of establishing terms and
conditions surrounding current and future development and a future date to begin
annexations proceedings.
Section 2. That except for certain limitations as stated in Article III of the
Agreement, the agreed upon commencement date for annexation of the Water's Edge
Subdivision shall be January 1, 2011.
Section 3. That the mayor is authorized to execute the Agreement on behalf
of the city.
Section 4. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 5th day of March. 2007.
..
ST A TE OF TEXAS
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AGREEMENT GOVERNING LAND IN THE
CITY OF THE COLONY, TEXAS
EXTRATERRITORIAL JURISDICTION
COUNTY OF DENTON
This Agreement Governing Land in the City of The Colony, Texas Extraterritorial
Jurisdiction ("Agreement") is made by and among the City of The Colony ("City"), and the
Water's Edge Homeowner's Association and the individual Lot Owners (collectively referred to
herein as "Water's Edge") each acting by and through their respective authorized persons.
RECITALS:
WHEREAS, this Agreement governs land in the City's extraterritorial jurisdiction
("ETJ") commonly referred to as the Water's Edge subdivision ("Property") and being more
particularly described in Exhibit "A," which is attached hereto and incorporated herein by
reference; and
WHEREAS, the Property is currently within the extraterritorial jurisdiction of the City
of The Colony; and
WHEREAS, Water's Edge and the City desire said Property to continue to be developed
as residential; and
WHEREAS, the City, pursuant to S 212.171 of the TEXAS LOCAL GOVERNMENT CODE,
desires to enter into this Agreement concerning current and future development and annexation
into the City; and
WHEREAS, Water's Edge and the City contemplate the Property will be annexed in the
future subject to the conditions provided herein; and
WHEREAS, Water's Edge desires to guarantee maintenance and continuation of its
subdivision in the extraterritorial jurisdiction for a period of four (4) years;
NOW THEREFORE, in consideration of the foregoing, and under the terms and
conditions hereinafter set forth, and other consideration the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Article I
TERM
1.01 This Agreement shall become effective on the date of its execution and shall
remain in effect until the expiration as provided herein.
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Article II
CONDITIONS OF ETJ
2.01 The City agrees to continue to provide water, wastewater, and other utility
systems and transmission lines into the Property.
2.02 The City agrees to extend and enforce its subdivision regulations as currently
enacted, and as may be amended, and shall approve any development plans in accordance with
such regulations.
2.03 The parties agree that the Property shall be development for residential purposes
only in accordance with Article II of the Water's Edge Declaration of Covert ants, Conditions and
Restrictions, which is attached hereto and incorporated herein as Exhibit "B."
2.04 The City shall enforce any other land use and development regulations in the
same manner as enforced within the City's jurisdiction, except as follows:
a) Height restrictions for single family residences will be in accordance with Article
II Section 2.1 of the Water's Edge Declaration of Covenants.
b) Front yard set back shall be 25 feet.
c) Side yard set back shall be a minimum of 8 feet.
d) Rear yard set back will be in accordance with Article II of the Water's Edge
Declaration of Covenants.
e) There shall be a minimum of a two garage enclosed spaces per lot.
f) Minimum lot size shall be 14,000 square feet.
g) Minimum building size shall be 3,300 square feet.
2.05 The City may enforce environmental ordinances and other ordinances within the
Extraterritorial Jurisdiction to the same extent as enforced in the City.
2.06 Water's Edge Homeowners' Association and Lot Owners who have executed this
Agreement and the City acknowledge that the uses and structures currently in effect on the date
of execution shall be continued and maintained upon annexations as legal non-conforming uses
or structures in conformity with the ordinances of the City.
2.07 The City shall, upon annexation, zone the property subject to this Agreement as a
Planned Development District with single-family residences and adopt such district regulations
consistent to the actual uses and structures within such district and consistent with this
Agreement.
2.08 All buildings, uses, storage, and fencing existing on the date of execution of this
Agreement shall remain a legal non-conforming use or structure under the ordinances of the City
of The Colony. Also, any new construction permitted by Denton County shall be considered a
legal non-conforming structure.
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Article III
LIMITATION ON ANNEXATION AND ANNEXATION
3.01 The City may not annex the Property subject to the Agreement on or before
December 31,2010. On January 1,2011, the signatories to this Agreement for and on behalf of
the Water's Edge Subdivision, and the lot and owner thereof, shall petition the City for
annexation in accordance with state law.
3.02 In the event such petition is not received, the City may initiate the annexation
thereof and in accordance with state law, the signatories to this Agreement hereby waive any
objections to the annexation proceedings as a result of entering into this Agreement.
3.03 In the event that Water's Edge or Lot Owners materially breach the terms of this
Agreement, including but not limited to development of uses or structures which are not in
compliance with the regulations adopted in Article II or failure to construct without the permits
required herein, the City may after thirty (30) days written notice, begin annexation and/or
injunctive relief to enforce the provisions of this Agreement.
Article IV
MISCELLANEOUS
401 Binding Agreement. The terms and conditions of this Agreement are binding
upon the successors and permitted assigns of the parties hereto.
4.02 Limitation on Liability. It is understood and agreed between the parties that in
satisfying the conditions of this Agreement, the parties have acted independently and assume no
responsibilities or liabilities to third parties in connection with these actions.
4.03 No Joint Venture. It is acknowledged and agreed by the parties that the terms
hereof are not intended to and shall not be deemed to create a partnership or joint venture among
the parties.
4.04 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this AhYfeement.
4.05 Binding Effect and TelID. This annexation agreement shall be binding upon and
inure to the benefit of the parties, successor owners of record of land which is the subject of this
agreener)1 assignee"" lessees, and upon any successor municipal authorities of the city from the
date of execution of this agreement.
4.06 Enforceability and sever~hiJityc This A.hTfcement Sh3H he enforc(~8hlr:: on)" court
of competent jurisdiction by any of the parties by any appropriate action at law or in equity to
~,eClJTf' the' pf'Tforrnance [If the covenants contained here.
If any provision of this Agreement is invalidated, that invalidity shaH not affect
any of the other provisions contained in this Agreernent
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4.07 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received (i) three days after deposit into the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the party at the address et forth below (or
such other address as such party may subsequently designate in writing); or (ii) on the day
actually received if sent by courier or otherwise hand delivered.
If intended for the City, to:
with a Copy to:
City of The Colony
A TTN: City Manager
6800 Main Street
The Colony, Texas 75056
Robert E. Hager, City Attorney
Nichols, Jackson, Dillard, Hager & Smith
500 N. Akard, Suite 1800
Dallas, Texas 75201
If intended for the HOA, to:
Water's Edge Homeowners' Association
A TTN: Paul Gorske, President
7265 Waters Edge Dr
The Colony, TX 75056
If intended for the Lot Owners, to:
Property Owner
4.06 Entire Agreement. This Agreement is the entire agreement between the parties
with respect to the subject matter covered in this Agreement. There is no other collateral oral or
written agreement between the parties that in any manner relates to the subject matter of this
Agreement, except as provided in the Recitals and the Exhibits.
4.07 Governing Law. The Agreement shall be governed by the laws of the State of
Texas and venue for any action concerning this Agreement shall be in the State District Court of
Denton County, Texas.
4.08 Amendment. This Agreement may only be amended by a written agreement
executed by both parties.
4.09 Legal Construction. The City acknowledges the terms of this Agreement have
been adopted pursuant to the TEXAS LOCAL GOVERNMENT CODE. If any provision of this
Agreement is determined by a court to be unenforceable, the unenforceable provision shall be
deleted from this Agreement, the unenforceable provision shall, to the extent possible, be
rewritten to be enforceable and to give effect to the intent of the parties, and the remainder of this
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Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent
of the parties.
(The remainder of this oau:e left blank intentionallv - Siu:nature oau:es to follow)
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EXECUTED on this ~y of ~0 /~ ,2007.
City of The Colony, Texas
By:
Attest:
By:U/1 ~hJ [,< )~r>-.
. stie Wilson, City Secretary
By:
CITY'S ACKNOWLEDGEMENT
STATE OF TEXAS
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~
~
COUNTY OF DENTON
This instrument
~~,u1~
was
acknowledged before
me
on
the ~ day
of
, 2007, by John Dillard, Mayor of the City of The Colony, a Texas
municipality, on behalf of said municipality.
f'A."""""',""""J
~ i~~~J::~;\ CHRISTIE NfU WIlSON
~ ~ :.~,~ i. E Notary Public, Slale of Teas
, -; '.J:."', ,\~'1
! "'":'r;;"",\,, My CommiSlion &pires 11-22"
1 "'Inn"""
~""~""""""'~""""
~L~ ~tJ~~
Notary Public, State of Texas
Page 6
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EXECUTED on this Z~ dayof p,....e br~ o'Yf
,2007.
Water's Edge Homeowners Association
By:
--/----?
""Z," ,"
r /
(;.
Attest:
By:
HOA'S ACKNOWLEDGEMENT
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on the ~ day of
Jt--y
, 2007, by Paul Gorske, President of the Water's Edge Homeowner's
Association, Inc., a Texas non profit corporation, on behalf of said corporation.
MATTHEW C. BERESFORD
Notary Public, State of Texas
My Commillion Expirea
October 01, 2008
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TM 11935
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EXECUTED on this
day of
, 2007.
Property Owner(s) for Lot
By:
, Owner
By:
, Owner
PROPERTY OWNERS' ACKNOWLEDGEMENT
STATE OF TEXAS ~
~
COUNTY OF DENTON ~
This instrument was acknowledged before me on the
day of
, 2007, by
and
Owner( s) of Lot
located in the Water's Edge subdivision.
Notary Public, State of Texas
Page 8
71573
TM 11935
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EXHIBIT A
~~
~
U.S.A. C.O.!. TRACT
RtcHARO Go [)iIffLAP S/lRflEY ABSTRACT NO.>>2
U.S.A. c.O.(, TMCT
I I
50 lOa 200
SCALE I'. 100'
U.S.A. C.O.E.l1'A.CT
1/ I
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VOLUME 7 PAGE ~I - I I I
I'\..T ""ClIIKlO, DONI'CJo ClU<TY, ~... I I I
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1--1-'--': II
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TYPICAL DETAIL
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11
~! WATER'S EDGE DRIVE
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PAGE
OF 2
FINAL PLAT
OF
THE WATER' 5 EDGE
IE'NG 27.01 ACIlES IN THE
ItIClWlD e. DUNUP lUltvn
MSTltCr __ """'N ~T.a4F THE
CITY 01' THE COLONY. IlI:IIYCIN COUNTY. TEXAS
KERN SURVEYING INC.
P.O. BOX 507 KRUM, TX. 76249
(214) 219-4870
RICHAIID Go DIIN..N' S/lRflEY ABSTRACT NO.>>2
u.s~ Coo.Eo TMCT
u...s.A e.OL T1U.CT J1Q.101
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t-. 0Cl.00" '.....' I...... 110-01'16" 114~'SO" -'
C-. t7O.<lO' II.H' ..... roT'II:" 20-50'06" -'
C-B .....,. 0Cl.00" tall' t7O'OO'oo' 114"18"50" ro.71'
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I GfNERAl. NOTEI
1. TM IMIftIManoe of JIIW'" MIS oIhw .........~ wIIM lot 1, INook C _...... .. '....liD... Maift...... by
the HolM 0W'Mra Aaaoeilltion Met dot, not !;On....... ~ tJt......1rDr .............1Jy 11M City' fill The Colony or the
County of Den~.
Z. FLOOD ITAnMENT: I hwe eum6ned 1M F.E....A. F................ ..............Ihe TQIIMI till ~ DlIMIMI County,
T..... CoMMYNty NUMber""'17, ~... .......,., 1117,....................... _",.. ~ Mown
MNon Ia wIItIII Zone X _k* .. dIiftnIld.. ".-,........... tit......... 01 JID..f-......; .. ~........ ...... ..
~ ZoM AE whk:JI. d-"Md.....-... of 100-v-r flood........ Rood...................... _ Mown DR P'" DOG' 8C of
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.s.MIoIsID..........IInIIIr~.
... The ........,. at..... ,w ..... ....tn 1;1??oo
t. The............. of....... ."..,... iM~., .....-.ry ......, ..... Dr *'"" ..............._ -.hown Oft
lit. ...... 1M ...poftI...... . the C....", TM CaIcwty.
,. ___.....,.-Ioy.. C...... ~..
7.The moial_ ofpovin&. 8JIIdini IIId ~ improv.......t.
and/or _.Ibown on thi. plat .... the responIibility
oflllo iDdMduII propcny owncn IIId do IlOI constitute
.......... of...... ror moial_ _ by Denton
Counry
UTILITY CERTIFICATE
ntlS PLAT CORRECTLY PRESENTS ntE REQUIRED EASEMENTS FOR ntlS
DEVELOPMENT
OWNERS
JIIIleI D. S_ ond leon B Ski......
..... Timbonon ......
The Colony, TIOW 75056
(972) 625.2335
GENERAL TUEPHONE (GTE)
LONE STAR GAS
TCI CABLEVISlON
SOUntWEaTE!'tN BELL
DENTON CO. CO-OP
SURV!YOR'W C!R1'FICATION
KNOW ALL lIE BV THE" flRl!&!NTI
TltATIJQHNE. _._--.-_.....__-..-__-..
...... MIl 1iOOUNIIt.....,...... 011 ......... of....... .............. ~ ..................... -.........
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_ UNCle" lIYHANOANO__Of_~"'~""YOf~_
"'I/_d..-./ L -' II!II!!
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____..;.,..__,.;; .. __MM__~_
FEn
NOT1!, ADJACl!HT TO n4t!1IOAD-.T.oF.wAn _ _ON."VlC~:r_ RETAINING WAlLESM!
LEGEND: ( 1- c..; ... - .... or a..-..; - C........i IRF - hn Rod Found; PF - Iron ..... Found; CONe. 1lION. - CCIftClr8te
Man..,..,.. FDUnd; - WIN F_; - Woad Fen.;
ABBREYIATlON8: AC.-~: MPH.- A.phaM; ..L- ......... LJn.; a.U.-......~; BLDG.- BuIIlU",; 1IR.-1IricIl; CH.-
CMN; C.I.- CUrb.... CONe.- eoncw.e.; COR.- Cattw"; DANG.- DnIIn..; LR.F.- fttn ADd FOUftlII; LRS. -Iron Rod let;
nEe.- IE....: IIMY.- e....nt;
fX.-~;-F~ Fn H~i F,e.'.. F..... CarMr Poet; F.M.- F_IID.........twMy.
FR. F.....: ClA.-...,. Anchor; HOW.- ~ L. Ale LAftgIIt; M.L&.- ..... EalI .....; N.I)A- No ~ AaowIcI;
O.U.- ~ u...; P.A.- 'MMc AooeP; 'ROP.. Pro,oMd; ,.o....,.....or...........; PO.- ~ PYMT.. p...,...nt;
pp. POWIII' Poll; 1Il-.......: JlO.W.- ftIIIhMf.w.v:AEI.-.........: ..........."......ITY.. -.y: T.II.A.- To"
_: T1!L-T_: TYf'.-T_: U.E-u.._ U.P.- u..-: VOL-__:W.L-_u...
PAGE 2 OF 2
THE
FINAL PLAT
OF
WATER'S
EDGE
BEING 27.01 ACRES IN THE
R I CHARD G. DUNLAP SURVEY
ABS7RACT NUr.tlER 352
CITY Of THE COLONY, DENTON COUNTY, TEXAS
STATE OF TEXM
COUNTY Of' Dl:NTOH
_-._0.____..__.._"'.....__.._..-_"'..
Countr..-._..T__..........",..._a. _.....,.-..._*_ ......._
......'_27___"'__....._.._0._......_..___.
:::::::-..,,=~-CouoIJ. T_.._-__..._.._-......_
IfGlM'fO ......... .....,.......IIMIfte....... ......... ___........... -.-t........... __.....
South 00f'Mf 01..... n....... nc:t In..... 1M..... 1M "'............ eo.,. of IE........ hoe. _.... .........
In" WMt 1M of. u...... ...... c.,.", E............ .to1;
THE.NCE... 1M ...fIII..... NIDI'" ...........=:
...... o.er-e 41 ........ 13 ___ w.t......... of"'13... tIt.___
~'CJIOI.e"""""'_;
...... . ~ u...... at..... w-r........ or ............-..
................... .....fDr 00fIIW;
NortII II o.gr.. u....... J,........ w.t........ of ..,..17.... tit. ~
..................1 fouIMI far-.r;
..... l' 0..-.. MtnuIM. ___ e....t........ vi '11...... tIt.__
................. touMIfrOr.....; .
NorIft.. ~........ 11 ......1IMt........"''''..,.......___
........."............. oorMr;
1ouIh. ~ .IlIIIKMiIM...... ~.......'" J)I.3I......~
MOft....... I...... fDuM... 0ClmlW;
IouIIlI . o.er-........ 01.... EMI......... 01....1 fMt ID. 00fMlNII
lItOI'IuMMlI CIIQI..3 fau_ tot cor...;
NorttllJu.gr.. 1,................ beI:..........oIU...23...to.OOMNlII
MOftUMaftl' --..J........ tar-.r:
.... 70 0I8NeI- ......... 3D,--, e.t......... 01 X7.....,........
~touftClI,.,~ ....~_ireara:..u..I!IML.IIIIIE.-....
-"'-I,P_......__.._CouoIJ. T_:
THP<<:E..... 00 0..-" MIftutIM 17 .... w.t.......... 01 m...... tit. 'Mt"...... II'DfI ,. .. tor iOOf'MI' at...
....................,.... at... ........-nar 01..... .... ..........,.......... In v...- " ,... 11 01
,........... '" o.nIoII c.u..er. T__:
TMEHCe...... ~ ................ w.t...... "'.....12...... "..c...-.....,........_.....
,...... - -........... ..... ,..:
THeNCE....... 0.-. 01111nu1a1....... bat...... _...... II........ fill..... ....... -...
-,.a.....--..---___...........__",...__c-.o
'" ~ ... 1101 .................. ................ fII TNAI..... III P\.ACI Of ..........
........ 27.01 .......... .... _.....
NOW THERE-FORt:. KflIOW ALL MEN BY THfll PRESENTS:
t. ThIll....... D.................... .. hlnMr40......,..........,............ 1.1M w.IIr'.
u..... _.... E.T.J.....Cltr....~.. _~. T__....__.....ClIr: III......
--..-....-....-___ "'..__-....-....Cltr
--.....-----..-.......-...-----.
_-.___...,.-c--.....____.-
--",...---_",--:-1.......----
........... or... car. _ ---.t..... .............. ....., --.... ...... UiI 1. ... C ~ __.....,.
pwpoee........ID...-a. fII......-...................... w........ ........... ~t
o-MIe ooIecIIoA. ........... MIl ................ ............,.,............................. ~
.....; ( ... aN..........,......,................ Lot 1 ... C ...... __ ..... ................ tit... ......
--..-_--__~..ClIr..CouoIJ___-..--..
-~.._--_.._--...,.----_..
...... ~............... _........ .................................
___ TlIPCltr___---..._..--_-...._..
----.-..--------..---..-
wIh...... ~___ .............. CIW........... 1M,.... tIt_.... ...,----t..............
..........-..-r...... tit III......... Ttte Cay........... ......... ........... ................
-...-..------..-..--",---
-war- ThI.... "'.. c.,..................... of..................... _--.,.............
rtpt .,........---..... '--'_.............. .~..)...... tal Lot 1......C ____
2. THAT THE M80C&ATlDN..... tit........ ........nIrr. ~ .................... QIr 1M MY
----------...--.........-...
-.1-...__-..-....,.-------.....
---.....--,-.....--.....--Ioy...
_....._2_..._.._....___~..__.-
-.....---Ioy........-
. s. THAT TMI! AUOCIATIQH ..... Io........~,....... MIl..... .......... ~............
........,...... far...... tit........,.... -..v.......... ~....,........... fII 1M...,... PrtwaIa
..... br" ................ ..... ~ ..,....... fill......................................... 1M "..,...
-"--""Y_.TlIP__"__,___,,_
. ~ ...... to .".. ~ IX -....,. _ 1M ............. or........ of............... or.........,......
-.-..-
4. TMAT THI. CJIlII'AER OF EACH LOT aHQWIN ON nil PLAT ..-110................................ tor
"-.._-Iojwy.._I_-I....-........-.....-.-Ioy..-
... -....... ..,. 1M...... rtI.. ~ tit........ 00Mh0t,........... ... P'rtnIIt..... ........-.-..
Iii" .........,
..,~'^ IJ ski.:, ,,-, ,
D. Iklnner .,
Br: ,:>'-.. I'y ! f~ . " . jj_~.7"""'-/'~--\
~ .. .......
STAnDFTDAS
KFOIII!IIl.___Pu'*"'..._..r_..._...___o.__..
_to _........... .......... II ......... "" the.......... .....,........ ............ _...... UICVtIId...
....1Jor... ,..............,... ............. MIl ..... ~.............
~ UNOE~MY HAND,""" ~ THE OfFU THII~OA' Of ~1_
1/11" /)))/;;m
IIlu Inh...fIIT__ .
. . O_~"'_ ".00 em _DACl.1lAN8Eul
...c-__~ . *- NOT."RY. PUBUC 1
~":~OJ ~ Cor:,ta~xpof o~:,~~ f
.TAT! OF TUAa
IIEFORl!ME,TlIP__-....._",T___...__-..-..-..
- .. 1M! the................. _.. ......... .............. ....................... ID...... 1M........ ..
--.... .................... .......
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P.o. BOX 507 KRUM, TX. 76249
( 214) 219-4870
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EXHIBIT B
THE WATER'S EDGE
A PRIVATE, GATED COMMUNITY
ON LAKE LEWISVlLLE
SOU1'HERN DENTON COUNTY
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
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THE WATER'S EDGE
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
ARTICLE I DEFINITIONS Page 1
ARTICLE n CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS 3
2.1 RESIDEN1lAL USE 3
2.2 SINGLE-FAMILY USE 4
2.3 HOUSEHOLD CARE F ACll..ITIES 4
2.4 GARAGES 4
2.5 RESTRICTIONS ON RE-SUBDMSION 4
2.6 DRIVEWAYS AND ST AIRWAYS 4
2.7 USES SPECIFICAll. Y PROHIBITED 5
2.8 MINIMUM FLOOR AREA AND MINIMUM LOT SIZE AND WlDTII 8
2.9 BUllDING MATERIALS 8
2.10 DUPLICATION OF DESIGN 9
2.11 SETBACK RESTRICTIONS 9
2.12 FENCES AND WALLS 9
2.13 COMMENCEMENT OF CONSTRUCTION 9
2.14 CONSTRUCTION SITE MAINTENANCE AND UPKEEP 9
2.15 urnJTlES 10
2.16 LANDSCAPING REQUIREMENTs 11
2.17 COMPLIANCE WI1H THE FINAL PLAT, RESTRICTIVE COVENANTS AND
COMMITrEE DECISIONS 11
2.18 HEIGHT ELEV A nONS 11
2.19 CHIMNEY FLUES 12
2.20 LOT SALE PROVISIONS 12
ARTICLE ill ARCHlTECITJRAJ, CONTROl. COMMrITFF 12
3.1 APPOINTMENr 12
3.2 SUCCESSORS 12
3.3 AlITHORlTY 12
3,4 PROCEDURE FOR APPRO V AL 13
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3.5 STANDARDS 14
3.6 lERMlNATION; CONTINUATION 14
RTICLE IV FENCING AND LANnSCAPING BY DECLARANT 14
4.1 FENCES. WALLS AND SPRINKl..E:R SYSTEMS 14
4.2 LANDSCAPING 14
4.3 EASEMENT 15
4.4 DECLARANT'S DISCRETION IS
ARTICLE V GENERAL PROVISIONS 15
5.1 EASEMENTS IS
5.2 RECORDED PLAT 15
5.3 LOT AND ENTRANCE MAINTENANCE 15
5.4 MAINTENANCE OF IMPROVEMENTS 16
5.5 MORTGAGES 16
5.6 TERM 16
5.7 SEVERABILITY 16
5.8 BINDING EFFECT 16
5.9 ENFORCEMENT ]6
5.10 OlHER AU1HORITIES ]6
5.11 NOTICES TO MEMBER/OWNER 17
5,12 AMENDMENT ]7
5.13 ANNEXATION OF ADDmONAL LAND 17
ARTICLE VI TRANSFER OF CONTROL OF ASSOCIATION TO OWNERS 17
ARTICLE vn MEMBERSHIP AND VOTING RIGHTS IN THE AS SOCIA nON J8
7.] MEMBERSHIP ]8
7.2 QUORUM. NOTICE AND VOTING REQUIREMENTs 18
ARTICLE VIII 'mE COMM'ON PROPFRTIE.'i: AND PROPERTY RIGHTS lHF..RFIN 18
B.I CO~~ONPROPERTffiS 18
8.2 MEMBERS' ENJOYMENT OF EASEMENTS 20
8.3 EXTENT OF MEMBERS' EASEMENT 20
8.4 TITLE TO TIlE COMMON PROPERTIES 21
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ARTICLE IX
9.1
9,2
9.3
9,4
9.5
9.6
9,7
9.8
9.9
COVENANT FOR ASSESSMENrS 21
CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS 21
PURPOSE OF ASSESSMENTS 2]
ANNUAL ASSESSMENTS 21
UNIFORM RATE OF ANNUAL ASSESSMENTS 22
SPECIAL ASSESSMENTS 22
NO OFFSETS 22
DUTIES OF TIlE BOARD OF DIRECTORS WITH RESPECT TO ASSESSMENTS 22
NON-PAYMENT OF ASSESSMENT 23
EXEMPT PROPERTY 25
ARTICLE X GENERAl. POWERS AND DIITTF.S OF BOARD OF DIRECTORS OF TIlE 25
ASSOCIATION
10.1 POWERS AND DUTIES 25
ARTICLE XI USE OF COMMON PROPERTIES 26
ILl RESTRICTED ACTIONS BY OWNERS 26
11.2 DAMAGE TO lHE COMMON PROPERTIES 26
11.3 RULES OF mE BOARD 26
11.4 MAINTENANCE OF COMMON PROPERTIES 26
ARTICLE XII EASEMENTS 26
12.1 INGRESS AND EGRESS BY THE ASSOCIATION 26
12.2 RESERVATION OF EASEMENTS 26
ARTICLE xm PRIV A TF. STREF.T DEVELOPMENT 27
13.1 PRIVATE STREET DEVELOPMENT DESIGNATION 27
13.2 PRIVATE STREET EASEMENT 27
13.3 CONSTRUCTION AND MAINTENANCE OF PRIV AlE STREETS 27
13.4 PRIV AlE STREET ASSESSMENT 28
13,5 PRIVATE STREET PLACEMENT RESER VB FUND 28
13.6 COUNTY AND CITY RIGHTS 28
13.7 CONSENT TO MODIFICA nONS AND DISSOLUTION 29
13.8 RUNNING WITH LAND 29
13.9 EMERGENCY VEHICLE ACCESS UPON THE LOTS 29
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ARTICLE XlV INSURANCE. llEPAIR AND RESTORATION
14.1 RIGHI'TO PURCHASE INS1JRANCE
14.2 INSURANCE PROCEEDS
14.3 INSUFFlClENT PROCEEDs
)4.4 DESTRUCTION OF IMPROVEMENTS ON INDIVIDUAL LOTS
29
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30
ARTICLE XV GENERAl. PROVISIONS
15.1 ENFORCEMENT BYlHE ASSOCIATION
15.2 HEADINGS
15.3 NOTICES TO MORTGAGEES
IS.4 DISPUTES
IS.S TERMJNADON OF AND RESPONSIBILITY OF DE<1.ARA.Nr
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DECLARATION OF COVENANTS, CONDmONS
AND RESTRIcnONS FOR
THE WATER'S EDGE
TIm STATE OF TEXAS
COUNTY OF COLLIN
KNOW ALL MEN BY THESE PRESENTS:
TIIAT WAlER'S EDGE JOINT VENTIJRE, a Texas Joint Venture (the "Declarant"), is
the Owner of certain real property described as THE WATER'S EDGE (the "Addition"), an
addition to the County of Denton (the "County"), according to the PJat'thereof (the "Plat")
recorded in Cabinet N, Slide 18, of the Plat Records of Denton County, Texas and further
described, together with adjacent property and easement rights also belonging to Declarant, on
Exhibit "A", attached hereto and made a part hereof for all purposes.
Declarant intends to create an exclusive, gated community of single family home lots and
private streets, electronically controlled entry gates and other private amenities on the shore of
Lake Lewisville in an unincorporated area of Denton County.
Declarant hereby declares that all of the real property described hereabove shall be held,
sold and conveyed subject to the following easements, restrictions, covenants and conditions,
which are for the purpose of maintaining high standards and establishing a general scheme for
the development of all of the lots in the Addition and for the purpose of enhancing and
protecting the value, attractiveness and desirability of said lots and which shall run with the land
and be binding on all parties having or acquiring any right, title or interest in the property or any
part thereof, and which shall inure to the benefit of each Owner thereof
ARTICLE I
DEFINITIONS
The following words when used in this Declaration of Covenants, Conditions and
Restrictions (unless the context shall otherwise prohibit) shall have the following meanings:
(a) "Articles of Incorporation" shall mean and refer to the Articles of
Incorporation of the Association as these may be amended from time to time.
(b) "Association" shall mean and refer to The Blue Water's Edge
Homeowners' Association, Inc., a Texas non-profit corporation, formed and incorporated
by Declarant on September S, 1996, prior to execution of the Road License and
Maintenance Agreement with Denton County dated April 29, 1997 concerning the portion
of the entry road to the Water's Edge across Corps of Engineers tract G 601 in
unincorporated Denton County, which agreement is attached hereto as Exhibit "B" and
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The Water's Edge Covenants and Restrictions
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incorporated herein for all purposes. Until such time as one hundred percent (100%) of the
lots have been sold to individual lot owners ("Ownersn), the Association shaH be
administered by Declarant which shall have full power and authority to appoint its board
of directors. The Association will have the power, duty and responsibility of maintaining
and administering the Common Properties, and collecting and disbursing the assessments
and charges hereafter prescribed, and will have the right to administer and enforce the
covenants and restrictions contained in the Declaration
(c) "Board" or '"Board of Dir~~' shall mean and refer to the Board of
Directors of the Association.
(d) "Bvlaws" shall mean and refer to the bylaws of the Association, as these
may be amended from time to time.
(e) "Common Properties" shall mean and refer to (i) these properties listed in
Section 8.1; (ii) the easements associated with item (i); and (iii) any areas of land,
improvements or other property rights within the Properties which are known, described or
designated or which shall subsequently become known, described or designated as
Common Properties intended for or devoted to the common use and enjoyment of the
Owners, together with any and all improvements that are now or may hereafter be
constructed thereon
(f) "Declarant" shall mean and refer to Water's Edge Joint Venture. a Texas
Joint Venture.
(g) "Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for The Water's Edge.
(h)
hereof.
"Member~' shall mean and refer to each Ovvner as provided in Article vn
(i) "Owner" shall mean and refer to every person or entity who is a record
Owner of a fee or undivided fee interest in any lot which is subject to the Declaration
except Declarant The foregoing is not intended to include persons or entities who hold an
interest merely as security for the perfonnance of an obligation.
(j) "Plat" shall mean and refer to the Plat of the properties recorded in the Plat
Records of Denton COWlty, Texas.
(k) "Pronerties" shall mean and refer to all of that certain tract of land platted
and described as The Water's Edge, an Addition to Denton County, Texas, according to
the Plat and described on Exhibit "A" hereto.
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The WatCf'S E~e COVenants and RestricLiol15
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(I) "Architectural Control Committee" or the "Committee" shall mean and refer to the
architectural control committee described in Article m hereof
ARTICLE n
CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS
Section 2.1 Residential Use.
(a) All lots shall be used for single-family residential purposes. No building
shall be erected, altered, placed or pennitted to remain on any lot other than
one (I) detached single.family residence per lot plus a private garage and a
detached boat house. To preserve lake views, residences shall conform to
the following height limitations, excluding chimneys:
i) Lots 1 to 6, Block A:. Lots 23 to 29, Block A; and lots 1 to 14, Block
B shall be limited to two and one.balf (2 ~) stories and shall have a
maximum roof height of thirty-eight (38) feet from finished grade.
ii) Lots 7 and 8, Block A, Lots 14 to 17, Block A, and Lot 20, Block A
shall be limited to two (2) stories with a maximum roof height of
thirty.tive (35) feet from finished grade. The main roof ridge must
be perpendicular to Water's Edge Drive with the exception of Lot
20. Maximum plate height of lower level is twelve (12) feet, and
roof edge must meet plate at side yard setback line. Maximum roof
pitch is 8/12. A more detailed explanation may be obtained from the
Committee.
iii) Lots 9, 10 and 13, Block A shall be single story with a maximum
roof elevation of five hundred sixty five (565) feet above mean sea
level.
iv) Lots 11 and 12, Block A shalI have a maximum roof elevation of
five hundred sixty-five (565) feet above.mean sea level. One of said
Lots II and 12, Block A, shall be limited to a single story and the
other lot shall not have such a limitation. Prior to commencing
construction on either of said lots, and/or prior to conveyance of
either of said lots to a third party, the owner of said two lots, his
heirs. successors and/or assigns shall specify to Declarant in writing
which lot shall not be limited to one story.
v) Lots 18 and 19 and Lots 21 and 22, Block A shall be single story
with a maximum roof height of twenty-five (25) feet from finished
grade.
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The Water's Ed@eCovenants and Restrictions
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(b) The Committee may give consideration to split level design in which a
portion of the house, from the rear or side elevations, may exceed the story
limitations specified hereabove where the topography pennits. AU home
construction plans, starting with prelimiIWy plans, must be approved by the
Committee.
"'Section 2.2 Simde-Familv Use. For any period in excess of thirty (30) days, each
residence may be occupied by only one family consisting of persons related by bl~ adoption
or marriage or no more than two unrelated persons living together as a single housekeeping unit,
together with any household servants. Lease or rental of a home for residential purposes shall
not be considered a violation of this Declaration
Section 2.3 Household Care FaciJjties. Notwithstanding anything herein to the contrary,
household care facilities, defined as a home providing residence and care to not more than four
(4) persons in excess of age 65, regardless of legal relationship, shall be pennitted.
Section 2.4 GaJ'a!.'CS. Each single-family residential dwelling erected on any Lot shall
provide garage space for a minimum of two (2) conventional automobiles (minimum of 500
square feet). A garage or boat house erected behind a home, on the lakefront. shall have a flat
roof, which may also be utilized as a sun deck. or a nearly flat roof slanted in only one direction
so as to preserve lake views. The interior walls of every garage shall be finished with taped,
bedded and painted sheet rock or other material acceptable to the Committee.
Section 2.5 Restrictions on Re-subdivision.' None of the lots shall be subdivided into
smaller Jots. .
Section 2.6 Driveways and Stairways.
(a) All driyeways shall be surfaced with concrete, or concrete aggregate or a
similar substance approved by the Committee. Driveway design must be included on the
plot plan when the house plan is submitted to the Architectural Control Committee for
approval. The approval of the house plan shall be contingent upon satisfactory design
layout of the driveway. Any changes from the original plan shall require specific written
approval. AU driveways shaJl be completed at the time of completion of the primary
dwelling. Where culverts are required, they shall have head-waUs and shaJl have specific
approval of the Committee. As Jots 5 through 14. Block B will be served by the hilltop
common driveway, additional driveways will be optional for these lots.
(b) Each residence must have pedestrian access to the street on which the
residence fronts. Such access, consisting of walkways and/or steps as required by the
topography. shall have a minimwn width oCfour (4) feet, shall meet the Unifonn Building
Code. and shall be subject to Committee approval relative to design and construction
materials.
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The Wala'. ~ CUvt.'naDls uad I<.&l$triclions
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Section 2.7 Uses SoecificaJlv Prohibited.
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(a) No temporary dwelling. shop. trailer or mobile home of any kind or any
improvement of a temporary character (except children's playhouses. dog houses.
J:,rfeenhouses. gazebos. which may be placed on a lot only in places which are not visible
... from any street on which the lot fronts) shall be pennitted 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 construction of the residence in the Addition
(any such improvements shall be neatly hln(Jsc.aped). No building material of any kind or
character shall be placed or stored upon the property 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.
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(b) No boat, marine craft, hover craft, aircraft. recreat,onaJ vehicle. pick-up
camper, travel trailer. motor home, camper body or similar vehicle or equipment may be
parked for storage in the driveway or front yard of any dwelling or parked on any public
street in the Addition, nor shall any such vehicle or equipment be parked for storage in the
side or rear yard of any residence unless completely conceaJed from public view. No such
vehicle or equipment shall be used as a residence or office temporarily or pennanently.
This restriction shaU 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.
(c) Trucks with tonnage in excess of three-quarter (3/4) ton and any vehicle
with painte4 advertisement shall not be pennitted to park overnight within the Addition
except those used by a builder during the construction of improvements.
(d) No vehicle of any size which transports inflammable or explosive cargo may
be kept in the Addition at any time.
(e) No structure of a temporary character. such as a trailer. basement, tent,
shack. barn or other out-building shall be used on any property at any time as a dweUing
house; provided. however. any builder may maintain and occupy model houses, sales
offices and construction trailers during the construction period.
(t) No oil drilling. oil development operation. oil refining. quarrying or mining
operations of any kind shall be permitted in the Addition. nor shall oil wells, tanks.
tunnels. mineral excavations or shafts be permitted upon or in any part of the Addition.
No derrick or other structure designed for using in quarrying or boring for oil. Datural gas
or other minerals shaH be erected, maintained or permitted within the Addition.
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(g) No animals, livestock or poultry of any kind shaJI be raised, bred or kept on
any property in the Addition 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
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1l1c W.Ia'.' EJs" COVCllll.11ll1 and Ralric:tiOOll
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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 four (4) pets will be permitted on each lot Pets must be restrained or
confined on the Owner's back lot inside a fenced area or within the house. Frequent or
long, continued barking, howling, meowing or other such noises by animals will not be
permitted It is the Owner's responsibility to keep the lot clean and free of pet debris.
Likewise when walking pets, no animal excreta may be left on any lot or common area.
Pet owners are encouraged to procure plastic gloves and containers or other products
commonly available in cities with "pooper scooper" laws. All animals must be properly
tagged for identification.
(h) No lot or other area in the Addition shall be used as a 4umping ground for
rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers in
appropriate locations which may be specified by the Committee and, unless otherwise
expressly permitted by the Committee, such containers shall be situated and enclosed or
screened so as not to be visible from any residential street, private drive or adjacent lot.
Materials incident to construction of improvements may be stored on lots during
construction so long as construction progresses without undue delay.
(i) No individual sewage disposal system shall be pennitted in the Addition.
(j) No garage, garage house or other out-building (except for sales offices and
construction trailers in use during the construction period) shall be occupied by any
Owner, tenant or other person prior to the erection of a residence.
(k) 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. All utility meters, equipment:. air-
conditioning compressors. air-conditioning and heating units and similar items must (to the
extent reasonably practicable) be visually screened with hedges or other landscaping from
the street and adjoining lots and must be located in areas acceptable to the Committee.
(1) No antennas shall be permitted in the Addition except antennas for AM or
FM radio reception and UHF and VHF television reception. All antennas shall be located
inside the attic of the main residential structme except that with the written pennission of
the Committee a satellite dish may be located on the lot so long as it is screened from
public view as approved by the Committee. No use shall be made of any lot or structure
thereof for any type of radio or television or similar broadcasting system.
(m) No lot or improvement shall be used for commercial or manufacturing
purposes of any kind. No noxious or offensive activity shall be undertaken within the
Addition, nor shall anything be done which is or may become an annoyance or nuisance to
the neighborhood. Nothing in this subparagraph shall prohibit a builder's temporary use of
a residence as a sales office until such builder's last residence in the Addition is sold.
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"The Water's Edge CO\"enaDls and RestrictiOl1S
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Nothing in this subparagraph shall prohibit an Owner~ s use of a portion of a residence for
quiet, inoffensive activities such as a home office, tutoring or giving art or music lessons
so long as such activities do not materially increase the nwnber of cars parked on the street
or interfere with adjoining homeowners' use and enjoyment of their residences and yard.
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(n) No fences, hedges, screens, barriers or walls shall be erected or maintained
on any lot unless first approved by the Committee. No fence shall be erected, placed or
altered on any lot nearer to any front street than the front face of the home constructed on
the lot To preserve lake views from all lots, fences shall not exceed four (4) feet in height
and shall be constructed only of architectmal metal (wrought iron) or architectural metal
with masonry pillars, both of a standard design and color to be obtained from Declarant.
However, rear fences of Lots 1-6, Block B and Lot 29, Block A may be of wooden
materials and up to eight (8) feet in height. Any exceptions to fencing regulations, due to
exceptional circumstances, will require committee approval.
Anything herein to the contrary notwithstandiD& at the Committee's sole
discretion, and given the exclusive nature of Water's Edge, consideration may be given by
the Committee to requests for individual residences to be SlUTo1mded by private fences, not
to exceed six (6) feet in height, with electrically controlled gates. Said fences shall be
constructed of architectural metal with masonry pillars. The piUars and entry gates may
exceed six (6) feet if required by the design of the fence. In deciding whether or not to
grant a request for such a fence, the Committee wiIJ give particular consideration to
whether or not any portion of proposed fence and/or accompanying landscaping would
block views of the lake and would enhance or decrease the values of surrounding properties.
Portions of such a fence adjoining the lake could be required to be lower than six (6) feet
and without pillars. A preliminary design must be approved by the Committee before
further consideration will be given to any such request.
(0) Except for children's playhouses, dog houses, greenhouses, and gazebos, no
building previously constructed elsewhere shall be moved onto any lot, it being the
intention that only new construction be placed and erected thereon.
(p) Within easements ori each lot, no structures, plantings or materials shall be
placed or pennitted 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.
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(q) No sign of any kind shalJ be displayed to the public view on any lot except
one (1) professional sign of not more than six (6) square feet advertising the property for
sale, or professional signs not exceeding thirty-two (32) square feet used by a builder to
advertise the property during the construction and sales period Declarant or its agents
shall have the right to advertise the property during the construction and sales period.
Declarar~~ or its agents shall have the right to remove any sign, billboard or other
advertising structure that does not comply with the foregoing requirement, and in so doing
shaH not be subject to any liability for trespass or any other liability in connection with
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Thc Water's Ed@cCovenants and Restrictions
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such removal. All signs are subject to the approval of the Committee and may be required
by the Committee to be removed if, in the sole judgment of the Committeet same are found
to be inconsistent with the high standards of the Addition.
(r) The drying of clothes in full public view is prolubited The Owner of any
lot at the intersection of streets or adjacent to Common Properties where the rear yard is
visible to full public view (such as along the Ia1cefront) may be pennitted to construct a
drying enclosure immediately adjacent to his home to screen clothes lines from public
view if such an enclosure is considered by the Owner to be essential. Such enclosures
shall be subject to Committee approval and may not be approved by the Committee if
judged detrimental to views from other lots.
(s) Except within fireplaces in the main residential dwelIJng and except for
outdoor cooking. no burning of any1bing shall be pennitted anywhere Within the Addition. ~ .
(t) No ClllpOrt shaI1 be permitted on a lot ~l'o:!
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(u) No abandoned, derelict or inoperative vehicles may be stored or located on
any lot unless visually screened from other lots and from any residential street.
Section 2.8 Minimum Floor Area and Minimum Lot Size and Width. The total air- cP
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 building. shall be 0 ~
not less than three thousand three hundred (3,300) SQUare feet In the event the Structure is two (JrO
(2) stories. the first (I") floor shaI1 not be less than two thousand (2,000) sqwue feet of air- 'tJ ,,-::
conditioned space. The Architeclw"aJ Control Committee is permitted to grant a ten percent '/..~C>
(10%) variance on a case by case basis. \'
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Section 2.9
Buildinsz Materials
a) At least eighty percent (80%) of the total outside wall areas of any home
(including garage) erected on any lot shall be constructed of bric~ stone. brick veneer,
stone veneer, stucco type material or other masonry materials ("Masonry Material");
provided, however. one hundred percent (100%) oftbe front and side outside waIl areas of
any home shall be of Masonry Material; and if a two (2) story dwelling, one hundred
percent (100%) of the area below the first plate line shall be Masonry Material; gables or
other exterior areas above the height of the top of the standard first floor windows are
excluded from this requirement Chimneys must be one hundred percent (100%) Masonry
Material. The Committee shall have the authority to approve or disapprove all plans and
materials in its sole discretion.
(b) Roofing shaU be in earth tones or any other color approved by the committee
and be composed .)f slate. man-made slate. rib steel. tile, composition shingles or other
materials acceptable to the Committee. Composition shingles shaH weigh at least 300
pounds per 100 square feet. minimum forty (40) year warranty. and be of random tab
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design Installation of all types of exterior items and surfaces such as address numbers or
external ornamentation, lights, exterior paint or stain, shall be subject to the prior approval
of the Committee as to design, materials and location. Accessory Buildings (i.e. storage
buildings, pool houses) shalJ be constructed of same material as the main Structure. Roof
pitch shall be consistent with the style of the home and subject to Committee approval in
order to preserve views of the lake.
Section 2.10 Duolication of Desi2Il. No house can be duplicated in anyone block on
either side of the street with a substantially similar exterior elevation.
Section 2.11 Setback Restrictions. No dwelling shall be located on any lot nearer to the
front of a lot than the twenty-five (25) foot minimwn setback line shown on the plat or nearer
than eight (8) feet to either side of a lot For the pwposes of these covenant,;;, eaves, 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 An
owner of two or more adjoining lots may, with the prior written approval of the Committee,
consolidate said lots into one building site in which case the resulting lot would have one set of
eight (8) foot side setback lines unless otherwise specified by the Committee.
Section 2.12 Fences and Walls Climbing roses, hedges, or other evergreen shrubbery may
be planted along wrought iron fences around swimming pools so that the pools are screened
throughout the year from public view and adjacent property provided that fences and shrubbery
do not exceed four (4) feet in height In all cases, fences and walls must have specific approval
from the Architectural Control Committee prior to construction. Except as otherwise provided
herein, no fence or wall (other than a necessary retaining wall) shall be permitted to extend
nearer to any street than the front building line of any residence. Retaining walls shall be of a
standard design and masonry (stone} material designated by Declarant. Fences or walls erected
by Declarant and defined in Section 8.1 (a) (i) as Common Properties shall become the property
of the Association and, as such, shall be maintained and repaired by the Association in
accordance with Articles VIII and XI hereof. So as not to obstruct lake views, except as
otherwise provided herei~ no portion of any fence shall extend higher than four (4) feet in
height other than perimeter fences constructed by Declarant No fences shall be allOWed within
the drainage easements. Fences along the lake shall be as directed by the Committee and no
more than four (4) feet in height. Additionally, lot side fencing that adjoins the lake shall be as
directed by the Committee, no greater than four (4) feet in height, and shall extend to the main
Structure rear projection line (or side projection if applicable).
Section 2.13 Commencement of Construction. Each residence constructed on each Jot
and any other improvements thereto shall be commenced and completed with due diligence
promptly after approval by the Committee of the plans and specifications prepared in connection
with such construction. The construction of any dwelling on any lot must be completed within
one (1) year from date of commencement. Any variances must have specific written approval
from the Committee.
Section 2.14 Construction Site Maintenance and Unkeep_
9
lbc Water', E~e Covenants and Restrictions
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(a) The Owner shall have the primary and ultimate responsibility for keeping
the construction site in an acceptable neat and orderly manner. "NEAT AND
ORDERLY" shall be defined as "a work-site where debris is not unnecessarily unsightly,
annoying, a nuisance, a distraction to the neighboring homes, or be an undue eyesore to
any prospective buyer interested in the subdivision. " This shall also include the
responsibility for regular cleanup and the hauling off of all unusable debris and
construction materials, and to keep all materials on site anchored or stored to keep them
from blowing onto neighboring properties during normal weather conditions.
-,...-.......
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(b) Poor construction site maintenance and upkeep have been a special problem
in other subdivisions where certain groups of individuals and builders have not felt the
commitment or obligation with regard to the nuisance and etfeot it caused to the
neighboring homeowners. As a result, the Committee shal1 have the right to hire the work
done on the site at the expense of the Owner and/or builder. The Committee will
immediately notify the Owner or builder by phone at the time they are made aware of the
problem, whether such awareness is from a homeowner complaint or observance by any
Committee member. Should the problem not be corrected within three (3) days from the
Owner's or builder's receipt (whichever is earlier) of written notification via certified
mail, return receipt requested, the Committee may act immediately to correct the problem
in the quickest and most practical manner, based on the sole judgment of the Committee.
All such actions shall be at the expense of the Owner and/or builder~ and any sums
expended by the Committee as a result of such actions may be recovered by the filing of a
lien to be enforced in the same manner as for the Assessments.
(c) Portable toilet facilities shall be sUDDlied at the be2innine: of construction
for each site . and shall reniain in place thromrhout the cogstruction cvcJe. Should the
builder not make immediate and direct arrangements for such facilities, the Committee
will phone the Owner or builder to have portable facilities sent to the site. Should the
Owner or builder fail to provide portable toilet facilities within two (2) days from the
Owner's or builder's receipt (whichever is earlier) of written notification via certified
mail~ retwn receipt requested, the Committee will make arrangements for those facilities.
All costs incurred will be at the expense of the Owner and/or builder as appropriate.
Escrow funds will be applied and, if necessary, a lien may be filed against the property to
collect the funds expended by the Committee, said lien to be enforced in the same manner
as for the Assessments.
(d) The Owner shall be resnonsible for ensurine: the builder is knowlede:eable of
aU the covenants related to the construction of the oroiect and the conduct of the builder's
emoJovees.
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Section 2.15 Utilities. Except as to special lighting or other aerial facilities which may
be required by any utility company Or which may be installed by the Declarant pursuant to its
development pla~ no aerial utility facilities of any type (except meters, risers, service pedestals,
transformers and other surface installations necessaI)' to maintain or operate appropriate
10
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underground facilities) shall be erected or installed within the Addition whether upor
lots, easements, streets or rights-of-way of any type, either by the utility company
person or entity (including, but not limited to, water, sewer, gas, electricity ana ~~. _
These utilities shall be buried underground unless otherwise required by a public utility.
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Section 2.16 LandscaDin2 Reouirements.
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(a) The general intent, plans and approximate landscaping budget will be a part
of the initial requirements of the Architectural Control Committee, and the plans for .
construction will only be approved based on a landscaping commitment by the Owner, and
an understanding of the landscaping intent and commitment by the Committee, as well as
meeting the other requirements of these covenants.
(b) Landscaping of houses shall be completed within sixty (60) days following
completion and occupancy; however, under extenuating circumstances, this may be
extended an additional sixty (60) days.
(c) Acceptable landscaping shall be described as that which is compatIble with
landscaping of existing homes in the Addition.
(d) A detailed landscaping plan shall be submitted to the Committee for
discussion, review and approval sixty (60) days prior to completion of the construction.
Section 2.17 Comnliance With The Final Plat. Restrictive Covenants and Committee
Decisions. Notwithstanding any provision contained herein to the contral}', all of the fences,
landscaping and houses constructed on the lots shall be constructed in conformity with the Plat,
the restrictive covenants contained in this Declaration and Committee decisions.
Section 2. 18 Hei2'ht Elevations. (See also Section 2.1 , (a) and (b).) No building or
structure of any type shall be placed on any lot which (by reason of high walls, or fences,
excessive height, special peak roof design, etc.) will unreasonably obscure the view of the lake
or other views from a home located or reasonably likely to be located upon an abutting or nearby
lot.
As specified on the Plat, minimum fmished floor elevation of habitable residences is at an
elevation of 539 feet above mean sea level based on minimum F.E.M.A. requirements.
However, ~s in The Water's Edge are calculated based on a minimum finished floor
elevation ~ feet for most lots. Therefore, minimum floor elevations for each lot must be
obtained from Declarant. Plans showing finished floor elevations wiIl be subject to Committee
approval. The Committee, or its designated representative, will verify compliance with the
approved finished floor elevation during the construction phase. If any discrepancy is discovered
that would result in deviating from the approved elevation, construction must cease until the
matter is resolved. The approved elev~lt:on is void if construction has not commenced within
one (1) year after approval date unless a renewal is requested
11
'The Water's Edge CO\l':II8nts and Restrictions
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The maximum heights and/or elevations specified for each lot in Section 2.1 hereof must be
related to a permanent benchmark noted on the Plat or on a topographical survey. The Owner
shall have a topographical survey of the property made before preliminary plans are drawn in
order to detennine the finished grade and placement of the home on the lot and to be certain to
remain within the maximum permitted height or elevation for' the proposed residence. The
Ownerlbuilder may be required to set ridge poles showing the maximum heights to which the
Owner desires to build the various portions of his or her roof in order for the Committee to
evaluate these. In some cases, ridge poles may need to be in place for a week or more before an
evaluation can be made. The evaluation of the roof line of a structure to be built on any lot is
very important and is to be approved by the Committee before a house design progresses beyond
the preliminary stage.
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Section 2.19 Chimnev Flues. . Chimney flues shall be enclosed ope hundred percent
(100%) in brick or masomy material.
Section 2.20 Lot Sale Provisions. Should, for any reaso~ the Owner of a lot elect not to
proceed with COnstruction as planned and to place the lot for sale, the Owner may seIl to any
third party who shall be obligated to abide by these restrictive covenants.
ARTICLE ill
ARCH! I.t;CTURAL CONTROL COMMfITEE
Section 3.1 Aooointment Declarant shall designate and appoint an Architectural
Control Committee composed of one or more, but not more than three, individuals, each
generally familiar with residentiaJ community development design matters and knowledgeable
about Declarant's concern for a high level of taste and design standards within the Addition.
The Committee shall use its best efforts to promote and ensure a high level of taste, design
quality, harmony and conformity throughout the Addition consistent with this Declaration.
Section 3.2 Successors. In the event of the dea~ resignation or removal by Declarant
of any member of the Committee, Declarant shall appoint a successor member. No member of
the Conunittee shall be entitled to compensation for, or be liable for claims, causes of action or
damages arising out of services perfonned pursuant to this declaration.
Section 3.3 A uthoritv. 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 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;
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The Water"s Ed{!e Covenants and Restrictions
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(b) confonnity and harmony of the external design, color, type and appearance
of eJ\.1erior surfaces and landscaping in relation to the various parts of the proposed
improvements and in relation to improvements on other lots in the Addition;
(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 1:-
hereto) or matters in which the Committee has been vested with the authority to render a
final interpretation and decision.
The Committee is authorized and empowered to consider, review and approve any and all
aspects of construction and landscaping which may, in the reasonable opinion of the Committee,
positively or adversely affect the living enjoyment of one or more lot Owners or the general
value of lots in the Addition. Prinwy consjcleration_wilLbe. givenby-tbe--CoIWllittee.1oJh~
preserva!!~!! oD.~~_vi~ '- ,
Section 3.4 Procedure for Anproval. The first step in the approval process shall be
submittal to the Committee of a preliminary plot plan in duplicate. Committee approval of said
preliminary plot should be obtained prior to preparation of final plans. Final plans and
specifications shall be submitted in duplicate to the Committee. The plans and specifications
shall show the nature, kind, shape, height, materials and location of all improvements. A final
plot plan showing the location of the major trees on the Jot, the location of the house relative to
the existing trees, any planned or proposed outbuildings, the pool location and size, if any,
including the approximate type and location of the pool fence, the proposed location of a
driveway and light posts shall be approved by the Committee prior to the commencement of any
construction or any modifications to the primary dwelling, outbuilding, fencing, pool and related
construction and landscaping. On cul-de-sac and comer lots, the placement of improvements on
the lots shall be subject to the special approval of the Committee. All roofing materials to be
used on improvements constructed on lots shall be submitted to the Committee for approval.
The docwnents shall specify any requested variance from the 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 wilJ be retained by the Committee and
the other complete set of plans shall be marked as '"Approved", signed by the Committee and
returned to the lot Owner or his designated representative. If disapproved by the Committee, one
set of such plans shall be returned marked "Disapproved" and shall be accompanied by a
reasonable statement of the reasons for disapproval, which statement shan be signed by a
representative of the Committee and may include disapproval for the purpose of further study.
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
shaH not be required, and compliance with this Article shaH be deemed to have been completed. E
In case of a dispute about whether the Committee responded within such time period, the person
13
The Water's Edge COVImiDIs and Resuiction.~
submitting the plans shall have the burden of establishing that the Committee received the plans.
The Committee's receipt of the plans may be established by a signed certified mail receipt, a I
signed messenger receipt, an overnight delivery service receipt or a receipt of personal delivery. ~. _
Section 3.5 Standards. The Committee shall have the 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 structures from being built in the
Addition. The Committee shall also have the authority to require roof slope, to specify that
fireplaces and chimney flues be covered with brick or masonry, to prohibit the use of lightweight
composition roof material, 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 other lots
in the Addition. The Committee may from time-ta-time publish and p~omulgate bulletins
regarding architectural standards, which shall be fair, reasonable and uniformly applied and shall
carry forward the spirit and intention of this Declaration. Likewise, the Committee shall have
the sole authority to grant variances from compliance with any of the provisions of this
Declaration under clearly exceptional circumstances where the Committee, in its sole discretion,
determines that topography, environmental considerations, natural obstructions, lot configuration
or size, hardship, or esthetics justify a variance.
Section 3.6 Termination: Continuation. The Committee appointed by Declarant shall
cease to exist on the earlier of (a) the date on which all the Declarant files a document declaring
the termination of the Committee, or (b) the date on which residences have been constructed on
all lots in the Addition. Notwithstanding the above provision, at any time after the termination
of the Committee, the recorded Owners of a majority of the lots in the Addition shall have the
authority to record an instrument which provides for a new architectural control committee
C"New Committee") elected or appointed by the Owners to continue the functions of the
Committee, which instrument shall define the authority and responsibilities of the New
Committee and shall establish election or appointment procedures whereby the New Committee
members shall be chosen and a notice procedure whereby all Owners will receive notice of such
procedures. authority and responsibilities. If there is no Committee, no approval by the
Committee shall be required under this declaration, but any Owner may enforce this Declaration
as provided herein.
ARTICLE IV
FENCING AND LANDSCAPING BY DECLARANT
Section 4.1 Fences. Walls and Sminlder SYStems. Declarant shall have the right to
erect, install, maintain, repair and/or replace fences, sidewalks, entry features, waIls and/or
sprinkler systems within the Common Properties.
Section 4.2 Landscaoing. Declarant shall have the right to grade. plant andlor landscape
and maintain, repair, replace and/or change such grading, planting and landscaping for the
Common Properties.
14
The Waler" s Ed[!e CO\'ctlIlllts and Restrictions
Section 4.3 Easement. Declarant shall have, and hereby reserves, the right and
easement to enter upon the Common Properties for the purpose of exercising the discretionary
rights set forth above.
Section 4.4 Declarant's Discretion. Notwithstanding any proVISIOns herein to the
contrary, Declarant shall never be obligated to erect, install, maintain, repair or replace any
fences, sidewalks, entry features, walls, sprinkler systems, grading, planting or landscaping on
any lots or within the Common Properties other than those required by the platting process.
ARTICLE V
GENERAL PROVISIONS
Section 5.1 Easements. Easements for the installation and maintenance of utilities and
drainage facilities are reserved as shown on the Plat Easements are also reserved for the
installation, operation, maintenance and ownership of utility service lines from the property lines
to the residences. Declarant reserves the right to make changes in and additions to the above
easements for the purpose of most efficiently and economically installing improvements. By
acceptance of a deed to any lot, the Owner thereof covenants and agrees to mow weeds and grass
and to keep and maintain, in a neat and clean c~ndition, any easement which may traverse a
portion of the lot.
Section 5.2 Recorded Plat. All dedications, limitations, restrictions and reservations
sho\\11 on the plat are incorporated herein and shall be construed as being adopted in each
contract, deed or conveyance executed or to be executed by Declarant, conveying lots in the
Addition, whether specifically referred to therein or not.
Section 5.3 Lot and Entrance Maintenance. The Owner and occupant of each lot shaH
cultivate an attractive ground cover or grass on all yards visible from the street, shall maintain
the yards in a sanitary and attractive manner and shalJ edge the street/driveway 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 Owner shall permit weeds or grass to grow to a height
of greater than six (6) inches upon his property. If, after ten (10) days prior written notice, an
O\\11er of a lot shall fail to: (a) control weeds, grass andlor other unsightly growth; (b) remove
trash, rubble, building and construction debris; (c) exercise reasonable care and conduct to
prevent or remedy an unclean, untidy or unsightly condition; or (d) otheIWise satisfy the
aforesaid maintenance requirements, then the Declarant or Association shall have the authority
and right but not the obligation to go onto the subject lot for the purpose of mowing and cleaning
said lot or to otherwise affect the aforesaid maintenance requirements and shall have the
authority and right to assess and collect from the Owner of said lot the amount so expended by
the Declarant or Association in connection with mowing, cleaning or maintenance in accordance
with the provisions of Section 9.8 hereof.
15
The Waeer"s EdF CO\o'l:nan15 and Restrictions
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Section 5.4 Maintenance of Imorovements. Each Owner shall maintain
all buildings, fences, walls and other improvements on his lot in good condition :
shall replace worn and rotten parts, and shall regularly repaint ail painted surface
permit the roofs, rain gutters, down spouts, exterior walls, windows, doors, wa
parking areas or other exterior portions of the improvements to deteriorate.
Section 5.5 Mort2a2es. It is expressly provided that the breach of any of the provisions
of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and for value as to the same premises or any part thereof encumbered by such
mortgage or deed of trust, but said provisions shall be binding upon the purchasers of lots
acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such
acquisition of title.
Section 5.6 Tenn. The foregoing covenants and restrictions shaH run with and bind the
land and shall remain in full force and effect for a tenn of twenty five (25) years after this
declaration is recorded They shaJI be automatically extended for successive periods of five (5)
years unless amended as provided herein or as allowed by applicable law.
Section 5.7 Severability. If any condition, covenant or restriction herein contained shall
be invalid, which invalidity shall not be preswned until the same is determined by the judgment
or order of a court of competent jurisdictio~ such invalidity shall in no way affect any other
conditio~ covenant or restriction, each of which shall remain in full force and effect
Section 5.8 Bindin2 Effect. Each of the conditions, covenants, restrictions and
agreements herein contained is made for the mutual benefit ot: and is binding upo~ each and
every person acquiring any part of the Addition, it being understood that such conditions,
covenants, restrictions and agreements are for the benefit of Owners of land in the Addition and
the Declarant, its successors and assigns. This instrument, when executed, shall be filed of
record in the real estate records of the County so that each and every Owner or purchaser of any
portion of the Addition is on notice of the conditions, convenants, restrictions and agreements
contained herein.
Section 5.9 Enforcement The Owner orany lot in tbe Addition shall have the easement
and right to have each and all of the foregoing restrictions, conditions and covenants herein
faithfully carried out and perfonned with reference to each and every lot in the Additio~
together with the right to bring suit or undertake auy legal process that may be proper to enforce
the perfonnance thereof, it being the intention hereby to attach to each lot in the Additio~
without reference to when it was sold, the right and easement to have such restrictions,
conditions and covenants strictly complied with, such right to exist with the Owner of each lot
and to apply to all other lots in the Addition whether owned by the undersigned, its successors
and assigns. or others. Failure by 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 5.10 Other Authorities. If other authorities, such as the County or The City of
The Colony (the "City") in whose extraterritorial jurisdiction the addition is located, impose
ill
L. The,..w.;~_co";;,~";..___~16_ _ ......_ __~__ __~__ _ ___~ _._ . ~ ..
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if
more demanding, expansive or restlicnve 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 diminisb the requirements herein.
Section 5.11 Notices to Member/Owner. Any notice required to be given to any Member
or Owner under the provisions of the Declaration shall be deemed to have been properly
delivered when deposited in the United States mail, postage prepaid, addressed to the last known
address of the person who appears as a Member or Owner on the records of the Association, or
the notice shall be deemed to have been properly delivered when deposited in the United States
mail, postage prepaid, addressed to the address shown opposite the signature of the Declarant
below or to such other address as is specified by the Association pursuant to an instrument
recorded in the deed records of the County,
- ""-";~ ~ . -- . ~c_._.."" '=-", '.'..'. -, T ".....o'~-r __ ~........";"~,,",,,,--,._......,,...~~=
Subsequent to sue comiCya.nce, the covenants, conditions and restrictions set forth herein may
be amended with the consent of fifty-one percent (51%) of the then Owners (including
Declarant) oftbe lots (with one vote to be cast for each lot so owned) evidenced by a document
in writing bearing each of their signatures. . NotwithstlJutlinJ the above, so long as Declarant is ;
the Owner of at least one (I) lot, no amendment of the convenan~ copditions and restrictions,
set forth bereiiiswill be valid or effective without the joiner of the Declarant However, nei
amendment or revocation of any provision of this Declaration shall be made or approved absent
the prior written consent of the County or of the City if such amendment or revocation affects
any right or authority of the COlDlty or the City.
Section 5.13 Annexation of Additional Land. Additional land outside of the Addition
may, at any time, be annexed by the Declarant into the Properties subject to the jwisdiction and
benefit of the Association, without the consent of the Owners or any other party; provided,
however, such additional land shall be surrounded by the fencing of the Addition and acceSSIble
only via the electronically controlled gates oftbe Addition. Said land shall be made subject to
the jurisdiction of the AssOCiation and the assessments imposed hereby and shall be entitled to
the use and benefit of all Common Properties that are or may become subject to the jurisdiction
of the Association.
ARTICLE VI
TRANSFER OF CONTROL OF ASSOCIA nON
TO OWNERS
Unless earlier transferred by Declarant by written instrwnent, control of the Association
shall be transferred to the Owners after one hundred percent (100%) of the Jots have been sold to
Owners. The Association shall be governed by the terms and conditions of the Declaration of
Covenants, Conditions and Restrictions, the Articles ofIncorporation and the Bylaws.
17
The Woller's Edge: Covenanl$ and Rc:stricuons
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ARTICLE VB
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIA nON
Section 7.1 Membershio. Every Owner of a lot shaU automatically be a Member of the
Association Membership shall be appurtenant to and may not be separated from ownership of
any lot which is subject to the Declaration. Until control of the Association has been transferred
to the Owners, all Members except the Declarant shall be non-voting Members other than as
specified in Section 5.12 above. Following transfer of control of the Association to the Owners,
each Member shall be entitled to one (I.> vote for each lot in which such Member holds the
interest required for membership.
Section 7.2 Ouonun. Notice and Voting Reouirements.
(a) Subject to the provisions of Paragraph (c) of this Section, an action taken at
a meeting of the Members shall require the assent of the majority of all of the votes of
those who are voting in person or by proxy, at a meeting duly called, written notice of
which shall be given to all Members not less than ten (10) days nor more than sixty (60)
days in advance.
(b) The quorum required for any action referred to in Paragraph (a) of this
Section shall be as follows:
The presence at the initial meeting of Members entitled to cast, or of proxies
entitled to cast, a majority of the votes of all Members shall constitute a quorum for any
action except as otherwise provided in the Articles of Incorporation, the Bylaws or the
Declaration or as provided by the Jaws of the State of Texas. If the required quorwn is not
present or represented at the meeting, one additional meeting may be called, subject to the
notice requirement herein set forth, and the required quorum at such second meeting shall
be one-half (1/2) of the required quorum at the preceding meeting; provided, however that
no such second meeting shall be held more than sixty (60) days fonowing the fIrst meeting.
(c) As an alternative to the procedure set forth above, any action referred to in
Paragraph (a) of this Section may be taken without a meeting if a consent in writing,
approving of the action to be taken, shall be signed by aU Members.
(d) Except as otherwise specifically set forth in the Declaration, notice, voting
and quorum requirements for all actions to be taken by the Association shall be consistent
with its Articles of Incorporation and Bylaws, as same may be amended from time to time.
ARTICLE vm
THE COMMON PROPERTIES AND PROPERTY RIGHTS THEREIN
Section 8. I Common Prooerties.
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(a) For the purpose of these restrictions, Common Properties that will be
maintained by the Association include, but are not limited to~ (i) Private roadways.
(including Water's Edge drive, Water's Edge Court and the hilltop common driveway),
entry gates and gate operator mechanisms and systems, street lights, street signs, traffic
control devices. private walkways, recreational areas, greenbelt areas, parkways. and any
other property within the Addition related to the mutual enjoyment of the Owners. (ii)
Also included as Common Properties to be maintained by the Association outside of the
Addition are the entry road, signage, landscaping and irrigation systems located within the
sixty (60) foot access easement across Corps of Engineers Tract G 601, as specified in the
Road License and Maintenance Agreement referenced in Article I (b) hereof. and the
portion of TRACT IV described in Exhibit "A" hereto, to be devoted to RV and boat
storage for the common use and enjoyment of the Owners.. All perimeter fencing and
landscaping installed by Declarant along the backs and sides of Lots 1 through 6, Block B,
and Lot 29, Block A., shall not be considered Common Properties, and maintenance thereof
shall be the responsibility of the Owners of such lots.
(b) In the event that the Association shall fail or refuse to adequately maintain
the appearance and Condition of the Common Properties or shall fail to exercise or enforce
any other maintenance which may be required by the County or the City (the
"Authorities"), either of said Authorities shall have the right and may assume the duty of
performing all such maintenance obligations, should they desire to do so, at any time after
the expiration of ten (10) days after receipt by the Association by certified mail, return
receipt requested, of written notice from either of said Authorities specifying in detail the
nature and extent of the failure to maintain without such failure being remedied. Upon
assuming such maintenance obligations, either of said Authorities may levy an assessment
upon each Lot on a pro rata basis for the cost of such maintenance, notwithstanding any
other provisions contained in this Declaration, which assessment shall constitute a lien
upon the Lot against which each assessment is made. During any period where either of
said Authorities assumes the maintenance obligations set forth herein, the Association
shall have no authority with respect to such maintenance. If acceptable to the Authority in
question, the right of said Authority to exercise said maintenance obligations shall cease
and terminate when the Association shall present to the Authority acceptable evidence of
its willingness and ability to resume such maintenance. In the event either of said
Authorities assumes the duty of perfonning the maintenance obligations of the Association
as provided herein, then the Authority in question, its agents, representatives, and
employees shall have right of access to and over the Common Properties for the purpose of
maintenance, improvement, and preservation; and in no event, and under no
circumstances, shaJl said Authority be liable to the Association or any Owner, resident, or
Member, or their respective heirs. executors, administrators, devisees, personal
representatives, successors, and assigns for negligent acts or construction relating in any
manner to maintenance, improvement, and preservation; or to any Owner, resident,
Member, the Association, or any other person for failure to perfonn such maintenance.
19
The Water's Edge CO"'l:nInts and Restrictions
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I
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(c) The Committee, as agent for the Associatio~ may enforce these Covenants
and maintain all of the Common Properties and shaU have the right, power, and authority
to do any act which is consistent with or required by the provisions of these Covenants or
the Bylaws, whether the same be expressed or implied, including but not limited to the
power to levy and collect Assessments (of whatever nature) for the maintenance, repair, or
replacement of the Common Properties, but members of the Committee shall not be
personally or financially responsible for such enforcement
~
Section 8.2 Members' Enjovrnent of Easements. Subject to the provisions of Section
8.3 of this Article, every Member, and every tenant of every Member who resides on a lot, and
each individual who resides with either of them, respectively, on such lot shall have a non-
exclusive right and easement to use and enjoyment of the Common Properties, and such
easement shall be appurtenant to and shall pass with the title of every lot; provided, however,
such easement shall not give such person the right to make alterations, additions or
improvements to the Common Properties.
Section 8.3 Extent of Members' Easements. The rights and easements of enjoyment
created by Section 8.2 shall be subject to and limited by the following:
(a) The right of the Association to prescribed regulations governing the use,
operation and maintenance of the Common Properties.
(b) The right of the Association to enter into and execute contracts with parties
(including the Declarant or an affiliate of the Declarant) for the purpose of providing
maintenance for all or a portion of the Common Properties or providing materials or
services consistent with the purposes of the Association;
(c) The right of the Association, as may be provided in its Bylaws, to suspend
the voting rights of any member and to suspend the right of any individual to use any of the
Common Properties for any period during which any assessment against a lot owned or
occupied by such individual remains unpaid, and for any period not to exceed sixty (60)
days for an infraction of its rules and regulations;
(d) Declarant shall have the right and option to alter, improve, landscape and/or
maintain the Common Properties until such time as Declarant has transferred control of
Association to the Owners. Declarant shaH also have the right to reasonable use of the
Common Properties and of services offered by the Association in connection with the
promotion and marketing of lots within the Addition. Without limiting the generality of
the foregoing, Declarant may erect and maintain on any part of the Common Properties
such signs, temporary buildings and other structures as Declarant may reasonably deem
necessary or proper in connection with the promotion, development and marketing of lots
within the Addition; may use vehicles and equipment within the Common Properties for
promotional purposes; and may pennit prospective purchasers of lots within the
boundaries of the Addition, who are not Owners or Members of the Association, to use the
Common Properties at reasonable times and in reasonable numbers; and may refer to the
20
The Wiler's EdllC Covenants and R~lrictiOl1S
1;a
W~
services offered by the Association in connection with the development, promotion and
marketing of lots.
Section 8.4 Title to the Common Prooerties. The Declarant shall dedicate and
convey the fee simple title to the Common Properties to the Association at such time as is
deemed reasonable and appropriate by the Declarant
ARTICLE IX
COVENANTS FOR ASSESSMENTS
Section 9.1 Creation of the Lien and Personal Obliation of Assessments. Each
pmcbaser of any lot by acceptance of a deed or other conveyance document creating in such
Owner the interest required to be deemed an Owner, whether or not it shalrbe so express~ in
any such deed or other conveyance document, shall be deemed to covenant and agree (and such
covenant and agreement shall be deemed to constitute a portion of the consideration and
purchase money for the acquisition of the lot), to pay to the Association (or to an entity or
collection agency designated by the Association) the annual assessments or charges (as specified
in Section 9.3 hereof), such assessments to be fixed, established and collected from time to time
as herein provided. The annual assessments descn"bed in this Section 9.1 (hereinafter, the
"Assessment'" or the "Assessments'"), together with interest thereon, attorneys' fees, court costs
and other costs of colJection thereof: as herein provided, shall be a charge on the land and shall
be a continuing lien upon each lot against which any such Assessment is made. The
Assessments, together with interest thereon, attorneys" fees, court costs, and other costs of
collection thereof shall also be the continuing personal obligation of the Owner of such lot at the
time when the Assessment fell due. Fmther, no Owner may exempt himself from liability for
such Assessments or waive or otherwise escape liability for the Assessments by non-use of the
Common Properties or abandonment of his lot Existing obligations of an Owner to pay
Assessments and other costs and charges shall not pass to bona fide institutional mortgagees
which become Owners by reason of foreclosure proceedings or an action at law subsequent to
the date the Assessment was due; provided, however, any such foreclosure proceeding or action
at law shall not relieve such new Owner of such lot from liability for the amount of any
Assessment becoming due after such foreclosure nor from the lien securing the payment of any
subsequent Assessment.
Section 9.2 Puroose of Assessments. The Assessments levied by the Association shall
be used exclusively for (i) improving, repairing, landscaping and maintaining the Common
Properties and the entry road, (ii) paying the cost of Jabor, equipment and materials required for,
and management and supervision of, the Common Properties and the entry road; (iii) carrying
out the power and duties of the Board of Directors of the Association as set forth in this
Declaration and the Bylaws including payment of management fees to third parties employed to
manage the Association; (iv) canying out the purposes of the Association as stated in its Articles
of Incorporation; (v) canying out the powers and duties of the Architectural Control Committee;
(vi) Paying premium on any insurance carried by the Association; and (vii) paying any taxes or
assessments levied on the Association or the Common Properties.
21
lbe WaleT's Edge C(1~'mIlIIlS and Restrictions
Section 9.3 Annual Assessments.
(a) The Board of Directors shall detelDline the amount of the Assessments for
each year, which Assessments may include a reserve fund for working capital and for
maintenance, repairs and replacements of the Common Properties and the entry road as
specified in the Road License and Maintenance Agreement described in Article I (b).
(b) Subject to the provisions of Section 9.3 (c) hereof;, the amount of annual
Assessments may be increased by the Board The Board may, after consideration of
current maintenance, operational and other costs and the future needs of the Association,
fix the annual Assessments for any year at a lesser amoWlt than that of the previous year.
(c) At such time as the non-Declarant Members become voting Members, an
increase in the rate of the annual Assessments as authorized by Section 9.3 (b) hereof in
excess of twenty-five percent (25%) of the preceding year's annual maintenance
assessments must be approved by the Members in accordance with Section 7.2 hereof.
(d) The fU'St monthly installment of the annual Assessment shall be payable to
the Association by the Member on the first day of the month following the purchase of the
Member's lot and shall be prorated for a partial month.
Section 9.4 Uniform Rate of Annual Assessments. Annual Assessments must be fIXed
at a uniform rate for all lots and shaJJ be payable monthly on the first day of each month by aU
lot Owners other than Declarant. If lots are combined to make a larger lot or building site, the
Assessments shall be based upon the number. of original lots included in such larger lot or
building site.
Section 9.5 Soecial Assessments. If the Board of Directors determines that the annual
Assessments are insufficient to pay unexpected expenses which arise such as unexpected
maintenance, construction, or capital improvements to the Common Properties, the Board may
levy a special Assessment on a11 of the lots to pay such expenses. Such special Assessment shall
be payable as specified by the Board, and if any Owner is delinquent in paying such special
Assessment, payment may be enforced in the same manner as annual Assessments. If such
unexpected expense should arise because of property damage or misconduct of one or more
Owners, the special Assessments may, in the Board's discretion, be levied solely against the Jot
owned by such Owners and not against all of the lots. If the special Assessments are levied after
the control of the Association has become vested in the Members rather than the Declarant, no
special Assessment will be effective until it has been approved by the Owners of more than 50%
of the lots.
Section 9.6 No Offsets All Assessments shaJJ be payable in the amount specified by
the Association, and no offsets against such amount shall be permitted for any reason.
Section 9.7 Duties of the Board of Directors with ResDeCt to Assessments.
22
The WalLT's EdlU: Covmllllls and Restrictions
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(a) The Board of Directors shall fix the date of commencement and the amount
of the annual Assessment against each lot for each assessment period at least thirty (30)
days in advance of such date or period and shall, at that time, prepare a roster of the Jots
and Assessments applicable thereto which shall be kept in the office of the Association and
shall be open to inspection by any Owner.
I
I
(b) Written notice of all Assessments shall be delivered or mailed to every
Owner subject thereto. Such notice shaJl be sent to each Owner at the last address
provided by each Owner~ in writing, to the Association
(c) The omission by the Board of Directors to fix the Assessments within the
time period set forth above for any year shall not be deemed a waiver or modification in
any respect of the provisions of the Declaration, or a release of any Owner from the
obligation to pay the Assessments~ or any installment thereot: for that or any subsequent
year~ but the Assessment fixed for the preceding year shall continue until a new
Assessment is fIxed.
(d) The Board of Directors shall upon demand at any reasonable time furnish to
any Owner liable for said Assessment a certificate signed by an officer or agent of the
Association, setting forth whether said Assessment has been paid A reasonable charge may
be made by the Board for the issuance of such certificates.
Section 9.8 Non-Pavment of Assessment
(a) Delinauencv. Any Assessment, or installment thereof, which is not paid in
full when due shall be delinquent on the day following the due date (herein "delinquency
date9') as specified in the notice of such Assessment. The Association shall have the right
to reject partial payment of an Assessment and demand full payment thereof. Acceptance
of partial payment shall not be a waiver of the Owner's obligation to make full payment of
the Assessment If any Assessment or part thereof is not paid within ten (10) days after the
delinquency date, the unpaid amOlmt of such Assessment shall bear interest from and after
the delinquency date until paid at a rate equaJ to the lesser of (i) eighteen percent (18%)
per annum or (ii) the maximum lawful rate.
(b) Lien. The unpaid amount of any Assessment not paid by the Delinquency
Date shall, together with the interest thereon as provided in Section 9.7 (a) hereof and the
cost of collection thereof, including reasonable attorneys' fees, become a continuing lien
and charge on the lot of the non-paying Owner, which shall bind such lot in the hands of
the Owner, and his heirs, executors, administrators. devisees. personal representatives.
successors and assigns. The lien shall be superior to all other liens and charges against the
lot, except only for tax liens and the lien of any bona fide institutional mortgage or deed of
trust now or hereafter placed upon such lot. A subsequent sale or assignment of the lot
shall not relieve the O\Wer from liability for any Assessment made prior to the date of sale
or assignment nor from the lien of any such Assessment The Board shall have the power
23
The Water's Edge COVeDaIIlS and Resuictions
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to subordinate the lien securing the payment of any Assessment rendered by the
Association to any other lien. Such power shall be entirely discretionary with the Board.
As herein before state<L the personal obligation of the Owner incurred at the time of such
Assessment to pay such Assessment shall remain the personal obligation of such Owner
and shaH not pass to such Owner's successors in title unless expressly assumed by them in
writing. Liens for unpaid Assessments shall not be affected by any sale or assignment of a
lot and shall continue in full force and effect No Owner may exempt himself from
liability for such Assessments or waive or otherwise escape liability for the Assessments
by nOD-use of the Common Properties or abandonment of his lot
I
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a
To evidence any lien, the Association shall prepare a written notice of lien setting
forth the amount of the Wlpaid indebtedness, the name of the Owner of the lot covered by
such lien and a description of the lot covered by such lien. SUch notice shall be executed
by one of the officers of the Association and shall be recorded in the Office of the CQunty
Clerk of Denton County, Texas.
(c) Remedies. The lien securing the payment of the Assessments shall attach to
the lot belonging to such non-paying Owner with the priority set forth in this Section.
Subsequent to the recording of a notice of the lien, the Association may institute an action
at law against the Owner or Owners personally obligated to pay the Assessment and/or for
the foreclosure of the aforesaid lien. In any foreclosure proceeding, the Owner shall be
required to pay the costs, expenses and reasonable attorneys' fees incurred by the
Association. In the event an action at law is instituted against the Owner or Owners
personally obligated to pay the Assessment, there shall be added to the amount of any such
Assessment:
(i) the interest provided in this Section,
(ii) the costs of preparing and filing the complaint in such action,
(iii) the reasonable attorneys' fees incurred in connection with such action, and
(iv) any other costs of collection; and in the event a judgment is obtained, such
judgment shall include interest on the Assessment as provided in this Section and a
reasonable attorneys' fee to be fixed by the court, together with the costs of the action
Each Owner, by acceptance of a deed to a lot, hereby expressly vests in
theAssociation or its agents or trustees (including the Declarant) the right and power to
bring all actions against such Owner personally for the collection of such charges as a debt,
and to enforce the aforesaid liens by all methods available for the enforcement of such
liens, including non-judicial foreclosure pursuant to Section 51.002 of the Texas Property
Code, and such OMler hereby expressly grants to the Association the private power of sale
in connection with said liens. Each Owner hereby grants and conveys in trust to the person
serving as president of the Association (as the person filling such office changes from time
to time), as Trustee (the "Trustee"), the lot owned by such Owner. The Association may
24
The Wller"s Ed~e CO\'erlan1s and Reslrictions
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appoint in writing a substitute or successor trustee Succeeding to all rights and
responsibilities of Trustee.
In the event of default by such Owner in payment of the Assessment as provided
herei~ the Association may request Trustee to foreclose this lien and may purchase the lot
at any foreclosure sale by offering the highest bid and having the bid credited on the
delinquent Assessments.
I
If requested by the Association to foreclose this Ji~ Trustee shall, either personally
or by agent, give notice of the foreclosure sale as required by the Texas Property Code; sell
and convey such lot to the highest bidder for cash with a genera] warranty binding such
Owner, subject to prior liens and to other exceptions to title and warranty; and from the
proceeds of the sale, pay, in this order:
a. expenses of foreclosure>> including a commission to Trustee of up to 5% of the bid;
b. to the Association, the full amount of the unpaid Assessment, interest, attorney's fees,
and other charges due and unpaid;
c. payment of prior liens on the lot;
d any amounts required by law to be paid before payment to the Owner;and
e. any balance to such Owner.
If any lot is sold pursuant hereto, its owner shall immediately surrender possession
to the purchaser. If such owner fails to do so, such Owner shall become a tenant at
sufferance oftbe purchaser, subject to an action for forcible detainer.
Recitals in any Trustee's deed conveying the property will be presumed to be true.
Proceedings under this power of sale, filing suit for foreclosure, or pursuing any
other remedy will not constitute an election of remedies. The Association may also
suspend the Association membership and voting rights of any Owner who is in default in
payment of any Assessment in accordance with the Declaration and/or the Bylaws.
(d) Notice ofMolt2a2ees. The Association may, and upon the written request
of any mortgagee holding a prior lien on any part of the Properties, shall report to said
mortgagee any Assessments remaining lUlpaid for longer than thirty (30) days after the
Delinquency Date of such Assessment.
Section 9.9 Exemot Prooertv. All properties dedicated and accepted by the local public
authority and devoted to public use shall be exempted from the assessments, charges and liens
created in Section 9.3.
ARTICLE X
GENERAL POWERS AND DUTIES
25
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The Waler's Ed{!l" C<wenanls and ResuiClions
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OF BOARD OF DIRECTORS OF THE ASSOCIATION
I
Section 10.1 Powers and Duties. The affairs of the Association shall be conducted by its
Board of Directors. The Board of Directors shall be selected in accordance with the Articles of
Incorporation and Bylaws of the Association and shall have the powers and duties as set forth in
this Declaration, the Articles of Incorporation and the Bylaws.
ARTICLE XI
USE OF COMMON PROPERTIES
The Common Properties may be occupied and used as follows:
Section 11.1 Restricted Actions bv Owners. No O\Wer shall pennit anything to be done
on or in the Common Properties which would violate any applicable public law or zoning
ordinance or which will result in the cancellation of or increase of any insurance carried by the
Association. No waste shall be committed in or on the Common Properties.
Section 11.2 Damaee to the Common Prooerties. Each O\Wer shall be liable to the
Association for any damage to the Common Properties caused by the negligence or willful
misconduct of the Owner or such Owner's family, guests, pets, tenants or invitees.
Section 11.3 Rules of the Board All Owners and occupants shall abide by any rules and
regulations adopted by the Board. The Board shaH have the power to enforce compliance with
said rules and regulations by all appropriate legal and equitable remedies, and an Owner
determined by judicial action to have violated said rules and regulations shan be liable to the
Association for all damages and costs, including reasonable attorney's fees, incurred by the
Association in connection therewith.
Section 11.4 Maintenance of Common Prooerties. AU landscaping and improvements
placed or erected on the Common Properties by Declarant shall be owned and maintained by the
Association.
ARTICLE XU
EASEMENTS
Section 12.] ln2ress and E2ress bv the Association. The Association shall, at aJJ times,
have full rights of ingress and egress over and upon each lot for the maintenance and repair of
each lot and the Common Properties in accordance with the provisions hereof. and for the
carrying out by the Association of its functions, duties and obligations hereunder; provided, that
any such entry by the Association upon any ]ot shaH be made with as little inconvenience to the
' Owner as practical, and any damage caused by the Association's entry, other than damages
caused by the Owner, shaH be repaired by the Association at the expense of the Association.
26
The Water's Edge: CO\-enllnls and Rc:stric:tions
Section 12.2 Reservation ofF'~~ents. Easements over the Common Properties for the
. installation and maintenance of electric, telephone, cable television, water, gas and sanitaly
sewcr lines and drainage filcilities are hereby I'eSen'Cd by the Declarant, together with the right
to grant and transfer same. No building shall be located over, under, upon or across any portion
of any utility easement The Owner of each lot shall have the right to construct, keep and
maintain concrete drives, fences and similar improvements across any utility easemen~ and any
public utility shall be entitled to cross such easements at all times for purposes of gaining access
to and from such lots, provided, however, any concrete drive, fence or similar improvement
placed upon such utility easement by the Owner shall be constructed, maintained and used at
Owner's risk and, as such, the Owner of eacb lot subject to said utility easements shall be
responsible for (i) any and all repairs to the concme drives, fences and similar improvements
which cross or are located upon such utility easements and (il) repairing any damage to said
improvements caused by any. public utility in the course of installing. opehtting, maintaining,
repairing, or removing its facilities located within the utility easements.
ARTICLExm
PRlV ATE STREET DEVEWPMENT
Section 13.1 Private Street Develoornem Desjmwion. The streets and hilltop common
driveway (referred to jointly as the "streets") within the Properties have not and will not be
dedicated to the public, for public access, nor shall they be accepted by the County or the City as
public improvements, and the streets sball be maintained by the Association, provided, however,
the streets shall always be open to Owners, Members. residents and their invited guests,
emergency vehicles, solid waste collection vehicles. public and private utility maintenance and
service personnel, the U.S. Postal Service (and any other deJiVCly service or parcel service) and
governmental employees in pursuit of their official duties.
Section 13.2 Private Street Easement Declarant grants and declares by these presents, an
easement of ingress and egress for the Owners, Members and residents over private streets
within the Properties, as depicted on the subdivision plat, for use in common with Declarant and
others claiming by, through or under DecJ8l'BJ1t The casement shall be for the benefit of the
Owners. and the fee simple title to the private streets themselves shall be held by the Association
after such title has been transferred to the Association by Declarant
Section 13.3 Construction and MaintP.ftAfttO~ of Private Streets. The cost of construction
and maintenance of said private streets shall be borne pro rata by the Owners at the time the
maintenance obligations and requirements accrue. The private streets shall be constructed and
maintained to the standards of similarly situated public streets. The obligations of Owners shall
be personal to the Owner at the time the obligation accrues., shall be obligations of the Jots
owned by the Owners. and shall J>e deemed to be obligations which run with the land. The
Association shaIJ be responsible for periodic inspection and maintenance of all infrastructure
"e;..:cept utilities, water, sanitary sewer. storm sewer, gas, cable, telephone and electric lines and
facilities within the boWldaries of any lot Neither the County nor the City has any obligation to
inspect or maintain the private streets within the Properties. As utilized herein., the term Ustreet
27
The W.lCl"S Edp CIl\'mIDIS and Rc:scrictions
construction" shall be deemed to mean and include the COnstruction of the private streets in I."
accordance with specifications shown on the subdivision plan as finally approved for the ~
Properties. The maintenance of the private streets shall be deemed to include the maintenance
of the surface thereof, the substructure supporting same and the stabilization of the street as a
means of access and the removal of any ice, snow, vegetatio~ fences or other obstructions
impairing not only the free and unintenupted use of the private streets, but also the sight
distances and access thereto.
Section 13.4 Private Street Assessment Each Owner shall pay his proportionate share
of the cost of repair and maintenance of the private streets to a person then designated by the
Association to receive and hold such funds, and the funds shall be deemed to be held in trust for
the payment in strict accordance with the terms of the foregoing Assessment., If any Owner fails
to pay his pro rata share, the same may be enforced by the Association in the same manner as the
annual Assessments. Should the voting Members and the Association be unable to agree upon
the need for or scope of maintenance, or the division of costs of the maintenance for said private
streets, the dispute shall be submitted by the Owners to the County or the City whic~ if it so
desires, shall be delegated the authority to make maintenance decisions and allocate expenses
among the Owners as it, in its sole discretion, deems appropriate.
Section 13.5 Private Street Placement Reserve Fund. The Owners acknowfedge that a
Reserve Fund shall be established for the maintenance of the private streets and appurtenances,
O\Wers also acknowledge that an Entry Road Maintenance Escrow Account (ERMEA) shall be
established in accordance with the agreement referenced in Article I (b) hereof The Reserve
Fund and the ERMEA shall not be commingled with any other funds held by the Association. In
all events, the balance of the Reserve Fund shall be equal to the total replacement cost of the
private streets and appurtenances divided by the average life expectancy of those improvements
estimated as thirty (30) years multiplied by the actual age of said improvements. The
Association shaH be entitled to assess and collect any and aU required maintenance costs
necessary to maintain the balance of the Reserve Fund according to the provisions of Section
13.4 herein. The Reserve Fund and the ERMEA shall be the subject of an annual review by a
certified public accounting firm in order to confirm the amount held in both accounts, a copy of
which shall be provided to the County and the City upon request.
Section 13.6 County and City Rie:hts. Notwithstanding that neither the County nor the
City (the "Authorities") shall have any obligation to maintain or reconstruct the private streets as
aforesaid, either of the Authorities may, but is not obligated to, inspect said private streets and
require repairs necessary to insure that the same are maintained to the Authorities' standards for
said street improvements. In the event that the Association shan fail to any out its duties as
specified under this Article, either of the Authorities or their lawful agents shall have the right
and ability, after thirty (30) days' prior mitten notice to the Association, to perfonn the
responsibilities of the Association if the Owners fail to do so in compliance with this Article or
of any applicable County or City ordinances, and to assess the Association or the Owners for all
costs incurreJ by either of the Authorities of performing said responsibilities if the Association
fails to do so. The Authorities are hereby empowered to enforce any and all liens and lien rights
granted to the Association to enforce the assessments required pursuant to this Article; and/or to
28
The Water's Edge Co\"enants and Restrictions
~ -~...~ti~~_~ ~__u_, "~_;"-,,":;".r 5:~~~;'::'::'-"ri:>!"~_~~:~~~:_J. ~:~.~to~~~.-~-'- - .._..... 't::~i.o,.:-i:.~~--'" ~=. _,.~-~ ~ :-__:~_J~~: ~ .~,'7,_-_~.rl:-:--W.!:,. ~C:::~'.. _.."!~,
- -
avail themselves of any other enforcement action available to them purSuant to applicable State,
County or City codes and regulations. .
Section 13.7 Consent to Modifications. No portion of this Article with respect to the
maintenance of private streets may be amended without the prior written consent of Declarant
Section 13.8 Runninsr with Land. The covenants herein contained shall be deemed
covenants running with the land and shall be binding upon the Declarant and ail subsequent
Declarants and Owners claiming by, through or under Declarant to the extent herein provided
and may be enforced by any Declarant then in title and by any Owner or Owners. In addition,
the County or the City shaH have the right, but not the obligation to enforce the provisions of
this Article, upon thirty (30) days prior written notice to the Declarant, the Association or any
Owner or Owners.
Section 13.9 Emer~encv Vehicle Ac~ Upon the Lots. Anything herein to the contrary
notwithstanding, there is hereby created on all private driveways having access to the private
streets under this Article, a separate and distinct easement to permit emergency vehicles to turn
off of any private streets into said driveways for the purpose of permitting said vehicles to
reverse directions on the said private street or provide services within the Addition. As used
herein, the term ~~emergency vehicle" shall include, but not be limited to, fire trucks,
ambulances, police cars, snow plows, tow trucks, and every other vehicle required for the
purpose of preserving free access or performing emergency services on any lot within the
Properties. If the Association fails to maintain said access, Denton County may enter the
Properties and remove any gate or device, which is an impediment access, at the sole expense of
the Association.
ARTICLE XIV
INSURANCE, REPAIR AND RESTORATION
Section 14.1 Rillht to ourchase Insurance The Association shan have the right and option
to purchase, cany and maintain insurance covering the Common Properties, the improvements
thereon and appurtenant thereto, for the interest of the Association and of all Members thereof,
in such amounts and with such endorsements and coverage as shall be considered sound
insurance coverage for properties similar in construction, location and use to the subject
property. Such insurance may include, but need not be limited to:
(a) Insurance against loss or damage by fire and hazards covered by a standard
extended coverage endorsement in an amount which shall be equal to the
maximum insurable replacement value, excluding foundation and excavation
costs as detennined annually by the insurance carrier.
(b) Public liability and property damage insurance on a broad fonn basis.
29
The Water's Ed@.e Covenants and Restrictions
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.,
(c) Fidelity bond for aU directors, officers and employees of the Association
having control over the receipt or the disbursement of funds in such penal
sums as shaD be determined by the Association in accordance with its
Bylaws.
(d) Officers and directors liability insurance.
Section 14.2 Insurance froc:eeds . Proceeds of insurance shall be disbursed by the
insurance carrier to the Association or contractors desigJ'Slted by the Association as the Board of
Directors may direct. The Association shall use the net proceeds of property insmance to repair
and replace any damage or destruction of property. real or personal, covered by such insurance.
Any balance of the proceeds of insurance paid to the Association. as required in this Article,
remaining after satisfactory completion of repair and replacement, shall be retained by the
Association.
Section 14.3 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or
replace any loss or damage. the Association may levy a special a$~ment to cover the
deficiency. If the insurance proceeds are insufficient to repair or replace any loss or damage for
which an Owner is bound hereunder, such Owner shall, as such Owner's undivided
responsibility. pay any excess costs of repair or replacement.
Section 14.4 Destruction of Imnrovements on Individual Lots. In the event of destruction
(total or partial) to the improvements on any individual lot due to fl1'e or any other cause. the
Owner of such lot shall clear and remove any and aJJ debris resulting from such damage within
two (2) months after the date that the m.m~ge occurs and to complete all necessary
repairs or reconstruction of the damaged improvements within one (1) year after the date that the
damage occurs.
ARTICLE XV
GENERAL PROVISIONS
SectioD 15.1 Enforcement bv the Association. The Covenants and Restrictions of the
Declaration shall inure to the benefit of and be eoforceable by the Association, its legal
.. representatives, heirs. successors and assigns and by any Owner. Failme by the Association or
any Owner to enforce any covenant or restriction herein contained shall in no event be deem
waiver of the right to do so thereafter.
Section 15.2 Headios!s. 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.
30
Tbe Water"s Ed,c CO\'CIlUIllIand Ralricl.i\lns
. '.. ..... .....-.....
__,n'", .
Section 15.3 Notices to Mortea1!ees. If a holder of a mortgage on a lot shall notify the
Association of its address and the identity of the lot and Owner covered by and granting such
mortgage, then such holder(s) shall be entitled to receive written notification from the
Association of any default by such Owner in the performance of such Ownerts obligations
hereunder.
Section 15.4 DisDutes. Matters of dispute or disagreement between Owners with respect
to interpretation or application of the provisions fOT the Declaration or the Bylaws of the
Association shall be determined by the Board of Directors, whose determination shall be final
and binding upon all Owners.
Section 15.5 Termination of and ResoonsibiJitv of Declarant If De~larant shaH convey
all of its right, title and interest in and to the Properties and assign all its rights, benefits and
obligations as Declarant hereunder to any person or entity, then and in such event Declarant
shall be relieved of the performance of any further duty or obligation hereunder, and such person
or entity shall succeed to the rights and obligations of the Declarant but shall not be personally
liable for any actions of Declarant prior to such transfer..
31
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IN WITNESS WHEREOF, the Declarant has caused this instrument
to be executed as of the :::~l~ay of C :C~ <2 }...,
,19 9/
Address:
30 Stonebriar Way
Frisco, Texas 75034
The Water's Edge Joint Venture,
a Texas limited partnership
The undersigned (hereafter referred to in the singular), being the previous owner of the
Water's edge property and the Grantor in the Warranty Deed dated march 28,1997 and filed for
record under Document Number 97R0020] 12 in the real estate records of Denton County,
Texas, joins in the execution hereof for the purpose of consenting to the covenants, conditions
and restrictions herein contained. subject to the exceptions contained in said Warranty Deed.
Address:
4844 Pemberton Drive
The Colony, Texas 75056
", ~
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'-~tl..J~.. · <A< ~VI
j James D. S 'nner .
I
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32
The Wiler's Edge Covenants.nd Reslrictions
~.,...,......~...........,~~-
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THE STATE OF TEXAS
bt=.IJT()JJ
COUNTY OF COUJN
This instrument was acknowledged before me on the 5D~ of () (lfn hp /' . 1997
by VERNON D. JACKSON, Venture manager, oflHE WATER'S EDGE JOINT VENTURE,
a Texas joint Venture, on its behalf
MY COMMISSION EXPmr-~qJfq
~Q:JM{an~
otaty lie, State of Texas
Notazy's Printed Name: .6'4 n IJ R A. ~ tJ I UI A JLl5
e. SANDRA P. WlUIAMS
...., NIle. SIIII II T_
_.. ., r .. EIpIIw .....
THE STATE OF TEXAS
&AlT{)N
COUNTY OF COl.l.lH
This instrument was acknowledged before me on ~~y ofa-lobfJi997, by
JAMES D. SKINNER and wife, .JEAN BETIY SKINNER.
e SANDRA P. WJUIAMS
.. ...... .. " T..
-'., ., CIlImIaIaI Explra ..3-11
o Pu lie, State of Texas ..
,
Notary's Printed Name 64n () l2.4 P fA)1 Ll..14M5
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The Wiler" s Edee (:"\-manll and R~i<las
, !T
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"'..; "
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First Federal Savings Bank of North Texas, as the current owner and holder of a lien on
the property affected by the foregoing Declaration, joins in the execution hereof for the purposes
of consenting to the Covenants, Conditions and Restrictions herein contained and of
subordinating its lien to said Declaration.
ACCEPTED AND AGREED TO BY:
FIRST FPDf1? -SAvtmls BANK OF NORm TEXAS
~,_ t.: .
By:/' J
I\.. ' ....,d-L Williams
~ldem and
Ch~fOpemting~
THE STATE OF TEXAS
COUNTY OF Dt&Y..~
Its:
This instnament was acbowledled by me on the J., ~ of,hlc "en ~)f(. 1997 by
.A:,e L. LV i lIiwns . f1v~tl.tlnt t C. 0.0. of FIRST FEDERAL SAVINGS
BANK OF NORm TEXAS. on its behal[
MY COMMISSION EXPIRES:
~ IA"., t eJ:P1l1 h/YJ)
~UbliCt State of Texas
Notary's Printed Name
Ie .~~ I
34
The Wiler" EdF CownantJ ancI RllIlrictiana
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Associates Funding Croup, Inc., .. the current owner and holder or. lien OD the property
affected by the rorcloin. Declaration, joins in dw: execution hereof for Iho purposes or
consentin, to the Covenants. Conditions and Restrictions herein contained and or subordinating
its lien 10 said Dec:laralion.
ACCEPTED AND AGREED TO BY:
ASSOCIATES FUNDINCi OROUP, INC.
B)': j) }1..-.( (lYk
Ita: 11tt!"/~tftlr
THE STATE OF TEXAS
COUNTYOF ~U;I.-'
Thil Instrument was ack.nowledpd by m. OD tho 31~ etay 0~1997 by
b .~ ~, PI'I.~ \da.otof ASSOCIATES FUNDING GROUP,INC.,OIt lea behal[
).(Y COMltllSSlON EXPIRES:
VICKY R. PElle.
Notary PubIc
Stole of Tea
eonrn. ....11099
Notary-. Printed Name
JS
n. WI1."!idae (.0\..... and Ra.~...
or-I" J!JJlr~_ L-
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APR. - ]I]
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EXHIBIT "All
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TRACT I
Being Lots 1 through 29, Block A; Lots 1 through 14, Block B; and
Lots 1 through 3, Block C, all of THE WATER'S EDGE, an Addition
to Denton County, Texas, according to the Plat thereof recorded
in Cabinet N, Slide IB, of the Plat Records of Denton County,
Texas.
TRACT I I
ALL OF THE RIGHT, TITLE AND INTEREST OF JAMES D. SKINNER AND
WIFE, JEAN B. SKINNER IN AND TO THAT CERTAIN EASMENT ESTATE as
created in Department Of The Army Easement For Road Or Street On
Lewisville Lake, Texas, DACW63-2-BI-0721, dated September 11,
19B1, as affected by Suppplemental Agreement No.1 To Easement
No. DACW63-2-BI-0721, Lewisville Lake, Texas, dated January 2,
1997, certified copy of which was filed March 14, 1997 and
recorded as Document No. 97-R0016649 of the Real Estate Records
of Denton County, Texas.
TRACT III
EASEMENT ESTATE, as created in instrument executed by Fox &
Jacobs, Inc., a Nevada corporation, to JIM SKINNER for street
right of way and utility easement, dated June 29, 1984, filed
July 12, 1984, recorded in Volume 1441, Page 787, Deed Records,
Denton County, Texas.
TRACT IV
Being Lot 54R, Block 7 and Lot lR, Block 16, being a replat of
Lot 54, Block 7 and Lot I, Block 16 of Garza-Little Elm Estates,
an Addition to the City of The Colony, Denton County, Texas,
according to the Plat thereof recorded on April 15, 1997 as
Document Number 97-R0024393 of the Real Estate Records of Denton
County, Texas.
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EXHIBIT "B"
ROAD LICENSE AND MAINTENANCE AGREEMENT
Preamble
This Road License ~aintenance Agreement ("Agreement") is made on
~t'"~1 ;;.~ .19 97 . at -I!~I;t. Texas, between Denton County, Texas, a
pol tical subdivision in the State of Texas, (lIGrantor"), and Water's Edge Joint
Venture, a joint venture doing business in the State of Texas, and Blue Water's Bdge
Homeowners Association, Inc., a Texas corporation, ("Granteesll) , whose mailing
addresses are 30 Stonebriar Way, Frisco, Texas 75034.
Recitals
Blue Water's Edge Homeowners Association, Inc., (" Association") is the
association which will be charged with the duty to maintain the private streets and
conunon improvements within The Water's Edge Subdivision <"Subdivision") 01
Denton County, Texas. Acces~ and main entrance to the Subdivision 'will be on and
over an extension of a city stc~t of Thl? Colony, Texas, Nervin Road ("Road") which
will be located in the unincorporat~d area of Denton County. The Road is to be
constructed by Water's Edge Joint V~nture ("Developer"). The Developer will
construct the Road upon the right-of-way of Department of the Anny, Easement for Road
or Street, DAC W 63-2-81-0721, amended by Supplemental Agreement No.1 to Easement
No. DAC W 63-2-81-0721 (UEasement") currently held in the name of Denton County as
grantee of the Easement.
The Developer is to construct the Road according to the Denton County
Subdivision Rule~ and Regulations ("DCSR&tR"). The Road will be maintained by the
Association. The purpose of this AgrLaement is to provide for the construction and
maintenance of the Road by the Grantees aI)d to provide that Grantees will indemnify,
defend and hold hannless Grantor from all acts and omissions of Grantees in
performance of the Agreement.
Grant of License
1. For the consideration described in Paragraph 2, 6, 8 and 10, Grantor grants to
Grantees a license, the right to enter upon the Easement to construct the Road as a
public right-oE-way and maintain the Road upon and across the following described
property ("Propertylt) of the Grantor: See Exhibit "A" which is attached hereto and
made part hereof by this reference.
ROAD UCENSE AND
MAINTENANCE AGREEMENT
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Consideration
2. This License is granted in consideration of the Grantees' agreements and
covenal)ts containeli herein, the Bum of $1.00 and other valuable consideratio~ the
receipt of which is hereby acknowledgeli.
Character of Ucense
3. This instrument grants a license for the purpose of ingress and egress to the
Subdivision andj or the purpose of Developer's obligation to construct the Road
according to the Specifications and under the right to inspect said improvements by
Grantor pursuant to the DCSR&R and the obligation of the Association to maintain
the improvements constructed upon the easement by the Developer.
Location of license
4. The Ucense and right-of-way shall be located upon and across the Property
described in Exhibit" A. II
Purpose of License
5. This right-of-way License, with its rights and privileges, shall be used only for
the purpose of ingress and egress to the Subdivision, placing, constructing, operating,
repairing, maintaining, rebuiluing, replacing, relocating, and removing the
improvements Developer will be required to place upon the Property pursuant to the
DCSR&R and for the purpose of the maintenance of the Road by the Association.
Duration of License
6. This License shall be perpetual or so long as the Association timely and
properly maintains the Road in the conuition required by the terms of Easement and
the DCSR&R, the Developer cOIUitructs the Road pursuant to the terms of the Ea~ment
and the DCSR&:R and the Property remains in the unincorporated area of Denton
County .
Exclusiveness of License
7. The License, rights, and privileges granted by this conveyance are exclusive,
and Grantor covenants not to convey any other License or conflicting rights in the
area covered by this grant.
Indemnity
8. a) The Association shall hold h~rmIess, defend, and indemnify Grantor against
any suits, liabilities, claims, demands, or damages, including but not limited to
personal injuries and attorneys' fce~, arising from the Association's exerciae of License
ROAD LICENSE AND
MAINTENANCI:: AGREEMENT
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12/]9/96
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rights granted by this instrument.
b) The Developer shall hold harmless, defend, and indemnify Grantor against
any sui.ts, liabilities, claims, demands, or damages, including but not limited to'
personal injuries and attorneys' fees, arising from Developer's exercise of Ucenae
rights granted by this instrument.
Limitations
9. This License with its rights and privileges is limited to ingress and egress to the
Subdivision, placing, constructing, operating, repairing, maintaining, rebuilding,
replacin~ relocating, and removing the improvements Developer will be required to
place upon the Property pursuant to t~ terms of the Easement and the DCSR&R.
Maintenance Escrow
10. a) The Association shaH establish and maintain an account which shall be titled
Entry Road Maintenance Escrow Account e'ERMEA If). The amounts to be maintained
in ERMEA may ~ determined by tht! Grantor from time to time. Within ninety (90)
days prior to tht! ~nd of th~ ont! (1) year maintenance period as provided in the
DCSR&R (the .. Fir~t Year of Mi1int~nance"), the Association shall deposit in the
ERMEA an amount equal to t~n percent (10%) of the actual construction cost of the
Road, as established by paid invoices, copies of which Developer shall provide to
Grantor. The amount to be maintainttd in the ERMEA will be determined within the
sole discretion of the Grantor, within the limitations set forth in subparagraph d).
b) Grantor shall notify the Association in writing of any failure of the
Association to timely and prop~r1y nlaintain the Road under this Agreement. The
Association shall have twenty busin~s!f days from the date of the notice to complete
the repairs or work necessary. If the ~sociation fails to complete the required work
or repairs, Grantor may undertake to complete same and have the cost of same paid
for from the funds in the ERMEA.
c) Th~ ERMEA shall be terminated and closed thirty (30) days after the Property
is annexed by any nlunicipality or the Easement is terminated or its term expires
without renewal. The funds remaining in the ERMEA will first be used to pay any
claims which the Grantor may hav~ pending against the ERMEA. The funds
remaining, if any, shall be paid to the Association.
d) The Association may withdraw funds from the ERMEA for Road
maintenance purposes with the prior written consent of the Grantor. Said consent
may not be unreasonably withheld. At no time shall the amount held in the ERMEA
be allowed to fall below an amount equal to five percent (5%) of the construction cost
of the Road. Grantor may at no tiJn~ require the amount of funds held in the ERMEA
to exceed one hundred and twenty percent (120%) of the construction cost of the Road.
At no time may the Grantor re4.!uire an amount greater than five percent of the
L
ROAD LICENSE AND
MAINTENANCE AGREEMENT
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PAGE 3
12/19/96
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construction cost of the Road be deposited in the ERMEA within a twelve (12) month
period.
Insurance
11. The Association shalt at ibi own expense, maintain a policy or policies of
comprehensive general liability insurance with the premiums thereon fully paid on
or belore the due date, wsued by an~ binding upon an insW'ance company acceptable
to Grantor, such insurance to afford minimum protection in limits of not 1e88 than
$1,000,000.00 combined single limits of coverage for personal injury and property
damage and $1,000,000.00 annual aggregate. At least fifteen (15) days prior to the
Association's and the Developer's entering on to the Property, the Association shall
deliver to Grantor a copy of aU policy provisions intended to be included in the
coverage to be provided by the Association, and a valid certificate of insurance issued
to Grantor, effective as of t~ dates applicable under the tenns of the Agreement,
which said certificate of in.surance shall include, without limitation: (A) provisions
requiring notice by the insurer to Grantor at least thirty (30) days in advance of any
contemplated, intended or effective cancellation, nonrenewal, or material change or
modification of coverage provisions ur limits; (B) a Waiver of Subrogation in favor of
Grantor and agents, employees, servants, officers, directors, contractors and
subcontractors of Grantor, with respect to the insurance coverage and claims of the
Association and the Developer and (C) naming the Developer and the Grantor as
additional insureds.
Termination
12. a) Th4.! License, along with its rights and privileges shall terminate when th~
purpose of the License, as described in Paragraph 5 of this Agre~ment, ceases to exist,
is abandoned by the Association, the Property is annexed by a municipality, or
becomes impossible of performance.
b) The Developer's obligatiuns under the Agreement shall terminate and
become null and void upon the acceptance of the Road for maintenance by Grantor at
the end of the First Year of Maintenance. At such time, the rights and privileges of the
Developer under the Agreement shall also terminate.
Failure to Perform
13. Should Grantees fail to perform any covenant, undertaking, or obligation
under this Agreement, all rights and privileges granted to Grantees by this
Agreement sh~,lJ terminate, and this Agreement shall be of no further force or effect.
ROAD LICENSE ANO
MAINT~NANCE AGI<EEMENT
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12/19/96
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Rimts Reserved
14. Grantor retains, reserves, and shall continue to enjoy the use of the surface of
the Lice.nse area described in Paragraph 4 of this Agreement for any and all purposes
that do not interfere with and prevent Grantees' use of the License. This includes,
without limitation, the right to build and use the surface of the License area for I
drainage ditches and public streets, roads, driveways, alleys, walks, gardens, lawns, ~__.
planting or parking areas, and other likt! uses and to dedicate all or any part of the
Liceru;e area to any city for USt! as a public street, road, or alley.
Entire Aln"eement
15. This Agreement contains the entirt! agreement between the parties relating to
its subject mattt!r. Any oral represt!ntations or modificatigns concerning this
Agreement shall be of no force and effect. Any subsequent amendment or
modification must be in writing and agreed to by all parties.
Dispute Expenses and Attornevs' l~ees
16. If any controversy, claim, UJ' dispute arises relating to this Agreement or its
breach, the prevailing party shaH ~ entitled to recover from the other party
reasonable expenses, attorney's fees, and costs.
Asshmabilitv and Bindine Effect
17. This Ucenst! shall be assignablt!. by the Grantees only upon the written
approval of Grantor, and any assigrunent without such approval shall terminate the
License. This Agreement shall bind and inure to the benefit of the Grantees and any
Grantor-approved Successor and assigrw and to the benefit of the Grantor and the
Grantorls heirs, personal representatives, successors, and assigns.
Notices and Addresses
18. All notices to be given under this Agreement shall be given by certified mail or
registered mail, addressed to the proper party, at the following addresses:
Developer:
Water's Edge Joint Venture
30 Stont!briar Way
Frisco, Texas 75034
Association:
Blue Water's Edge Homeowners Associatio~ Inc.
30 Stonebriar Way
Frisco, Texas 75034
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ROAD LJCE::N~E AND
MAINTENANCE AGREEMENT
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PACES
12/19/96
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Grantor:
Denton County, Texas
110 West Hickory
Denton, Texas 76201
!:
With a copy to:
District Attornef s Office, Civil Division
319 West Oak
Denton, Texas 76201
Either party may change the address to which notices are to be sent by giving I~ .
the other party notice of the new address in the maJUler provided in this section.
Severability
19. In Cilse anyone or more of the.! provisions contained in this Agreement shall by
any reason 00 held to be invalid, illegal, or unenforceable in any respect, such
inv.alidity, illegality, or unenforceability shall not affect any other provision of the
Agreement, and the Agreement shaH be construed as if such invalid, illegal, or
unenforceilblt.! provision had never been included in the Agreement.
Venue
20. This agre~lnent shaH be construed under, and in accordance with, the laws of
the State of Texas, and aU obligatiuns of the parties created by this agreement are
performable in Denton County, Texw;.
Representatives' Authoritv
21. The undersigned officer and/or agents of the parties hereto are the properly
authorized officials, agents, or corporate representatives and have the necessary
authority to execute the Agreement on behalf of the parties hereto, and each party
certifies to th~ other that anu nec~ssary resolutions extending said authority have
been duly passed and are now in full force and effect.
Executed the day and month first written above in Denton County, Texas.
ROAD LICENSE AND
MAINTENANCE ACREEMENT
42-
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12/19/96
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Association: Blue Water'. BeIge Hom
Iodation, Inc.
Grantor:
Denton County, Texa
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left ~. Den ~ lud-q
5fATE OF TEXAS )
}
COUNTY OF DENTON )
BEFORE ME, the undersigned authority, on this day personally appeared
Vernon D.]ackson, the Venture Manager lor Water's Edge Joint Venture, known to me
to be the person whose name is subscribed to the foregoing instrument, and
acknowledg~d to me that he executed the same for the purposes and consideration
therein exprellSed. ~ <..//'
~~~~
Notary Public
...( /?"!,,,,td""~ ff. ~'./-6~
(Notary Public's name typed or printed.)
Notary Public in and for The S~g of Texas My
Commission Expires~-/7 .~..,<'~~~
(seal)
ROAD UCENSE AND
MAINTENANCJ: ACRJiEMENT
4~
PACE 7
12/1P/96
Sf AlE OF TEXAS )
)
COUNTY OF DENTON )
BEFORE ME, the undenigned authority, on this day personally appeared
Vernon D. Jacbon, the President for Blue Water's Edge Homeownen Association, Inc.,
known to me to be the person whose name is subscribed to the foregoing instrument.
and acknowledged to me that he eXl:!Cuted the same for the purposes and consideration
therein expressed. ~ 4.
. .~., ~~~L'
Notary Public
..LL7/!L'Q~<,_ ~/~Hd
(Notary Public's name typed or printed.)
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eOckact.. .NeWlancj
. ~~ No4ary Public
. ~. i. Slale of Tffxa.
Of ",y COOlftislian eapir.
May 17, 2000
-- ~~.;:._.~....~.
Notary Public in and lor The State of Texas My
Cummiasion Expires ....:r-/~ . 1'.::...?~
(seal)
STATE OP TEXAS )
)
COUNTY OF DENTON )
BEfORE ME, the undersigned authority, on this day personally appeared Hon.
Jeff A. Moseley, Denton County Judge, known to me 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.
t)LOCkad.. Newland
~ . Noli(1 Public
· ,P{ ~ · Stale or T,xas
"4 My Comul/lsian Expit..
May 17, 2000
c::=;44~ ~...&'_<
.-' Notary Public
kt!!R ;'h~_ G-//~A1'~
(Notary Public's name typed or printed.)
Notary Public in and lor The State 01 Texas My
Conunission Expires i r -/.7 . ~ddOJ"
(seal)
j
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ROAD UCENSt:: AND
MAINTENANCE AGREEMENT
4l{
PACE I
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ROAD EASEMENT AND PROPOSED 10' X 120' COMBINED DESCRIPTION
Selog an lila' C:.11a1n ....c:t or parcel of land altualad In th. County 0' Denton, ..... of Teu. and
being. part of the RlGharcl G. Dun", lurv.y. Abslract Number 112 and b.lng . par1 of Ihe Unl.... "
Ita.... Corp. Df Englne.r. tract '101, Denlon Counly, T....... r,;ognlad Inri Clccupla4 on "'e
ground the ,ubJect Irad .'DII ru~ ca..crlbed a, followa:
t
COMMENClNCJ at a conen.. monument found In Ih. Weat Une of MleI r,..AlID1 at lb. loulb cor
of. called 27.0" .eN ....ct d..crlHd Iq lb. D..d to J...... D. tklnnar ., ua lecordlclln Volume
1031. Pag. 21 of Ibe Deed ~oord. 0' Denlon COllAtr. T'Uli
. .
'.
THENCE North aD Deg.... 01' Mlnu" 4Ilecondl We.t willi a Ea.l 11n. of salcl27 .014 ae,. h~1 an
the WI.t Une of salellract .101 . distance 0' 2ID.DO 1M. 10 . concr.te monument. 0601-2 found
far comer at IhII NorIbwaal corn... of thelraGt being duerlbed h....1n being allb. Nortbwl.t corl
of ..Id tract. iQj and being at lb. 8outhwe.. corn., of Haven HI'" M9bUe Home Park .1 record.
In Volume 7, Page 110'.... Plat Recorda .f De. Ion Countr.T.... .nd'~lnllbe POINT OF
BEGINNING 01 the he' hlnl ....crlb.d herein;
THENCE Nor1h.1 Deg,..17 Mlnu....01 hconda Ent. dlltance of 101.11 r..1 to. CORGn"
monumlnt found for corn.r It. salient corner of Mlelhc:t' &01;
THENCE South 44 Deg..... a. Mlnu"'l7 Second. Eaat. distance of 143.14 ",. to. oon;r...
monLl..nt found for Gorn.r at the NorUl..., corner of &aId "act. 101;
I
THENCllouth 00 Deg..... 02 Mlnu," 17 hconel. Eat. dl5lanGl 01.1... to . li- "p,..ca Iron,
..t 'or Gornari
THENCE Nor1h " De8"" U Manu'" 17 "Gonds Weat . cll5t1n;e If 1 '1.1' r..t lea . Kif "Pp.'
Iron rod Ht 'or corner;
llIENCE &011111 .1 Dellr_17 MlnulN P1 hCORd. W.,t I d....nc. 0'11'.17,"110 . polnl for
c:orllel'i .
ntENCE Soulh 00 D.gr., .1 Minus. .,lKondl !ull dlsllnc, 0'10.00 r..tle . point for com4
.'
THENCE South II Dig,... 17 Minutes 01 "conda West. dl,tanGe of 120.00 f..1 ta . polnl 'or
corner In. Easl Ilnl 0' said 27.054 acr.lract and the Westin. af said Trlct "01;
THENCE North GO Dellr_,.J IIlnu... 4.lecoad. WNta III.lanG. of 110.01 ,"1 to tht PLACe f
8EGINNlNc:I. . '; . .
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FINAL PLAT
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THE WATER' SEDGE
BEING 27.01 ACllES IN TIE
R ICIWlII. t. IlUNLAI' IURVlY
AlIS'nlcr NIJllI_ !IR:,,*_U~-4F THE
C,TY ClI' TIE CCiLCiNY, Dt!NTlIN COUNTY. TEXAS
KERN SURVEYING INC.
P.O.BOX 507 KRUM, TX. 76249
(214) 219-4870 .
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