DECLARATION OF COVENANTS AND RESTRICTION
(In the original Covenants dated August 10, 1972, the first section entitled RECITALS" has been removed as they
applied only to Andrus Building and Development Corp. and Exchange Savings and Loan Assn. whose authority ceased
to exist when the entire Towngate Project had been purchased by individual Home owners. Therefore any reference to
the DECLARANT has been removed to simplify this document, and is indicated by this symbol**).
TOWN GATE HOMEOWNERS ASSOCIATION
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration (unless the
context shall prohibit) shall have the following meanings:
(a) "Association" shall mean and refer to the TOWNGATE HOME OWNERS ASSOCIATION,
INC., a Texas non-profit association.
(b) "Declarant" (no longer applies)
(C) "The Properties" shall mean and refer to all such existing properties and additions thereto, as
are subject to this Declaration or any Supplemental Declaration under the provisions of Article II
hereof.
(d) "Common Properties" shall mean and refer to (1) those areas of land and improvements
shown on any recorded subdivision plat of The Properties and intended to be donated to the common
use and enjoyment of the owners of the Properties, and (2) any personal property acquired by the
Association which is intended to be donated to the common use and enjoyment of the owners of The
Properties, and (3) the property more particularly described in Exhibit "A" attached hereto and
incorporated by reference for all purposes, and including without limitation all common walkways,
landscaping, lakes, recreational facilities, community identification sign, common drives, easements,
drainage areas, and other improvements thereon.
( e) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the
Properties with the exception of the Common Properties as heretofore defined.
(1) "Owner" shall mean and refer to the recorded owner, whether one or more persons or entities, of
the fee simple title to any Lot situated upon The. Properties but, notwithstanding any applicable
theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgage has
acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO
Section 1. Existing Property. The property which initially is, and shall be, held, transferred,
sold, conveyed, and occupied subject to this Declaration is located in Dallas County, State of Texas,
and is more particularly described, defined and depicted in Exhibit "A" attached hereto and
incorporated herein by reference for all purposes, all of which property shall hereinafter be referred
to as "Existing Property.
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Section 2, Additions to Existing Property. With the permission of the City of Garland,
Texas, additional property may become subject to this Declaration in the following manner:
(a) Refers to Declarant - no longer applies.
(b) Upon approval in writing of the Association pursuant to a vote of its members as
provided in its Bylaws, the owner of any property who is desirous of adding it to the
scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of
record a Supplementary Declaration of Covenants and Restrictions of this Declaration to
such property, Such Supplementary Declaration may contain such complementary additions
and modifications of the covenants and restrictions contained in this Declaration as may be
necessary to reflect the different character, if any, of the added property and as are not
inconsistent with the scheme of this Declaration. In no event, however, shall such
Supplementary Declaration revoke, modify or add to the covenants established by this
Declaration within the Existing Property unless approved by the Owners in accordance with
Article VII, Section 1 hereof.
(c) Upon a merger or consolidation of the Association with another association, its
properties, rights and obligations may, by operation of law be transferred to another
surviving or consolidated association or, alternatively, the properties, rights and obligations
of another association may, by operation of law, be added to the properties, rights and
obligations of the Association as a surviving corporation pursuant to a merger. The surviving
or consolidated association may administer the covenants and restrictions established by this
Declaration within the Existing Property, together with the covenants and restrictions
established upon any other properties as one scheme. No such merger or consolidation,
however, shall effect any revocation, change or addition to the covenants established by this
Declaration within the Existing Property, unless approved by the Owners in accordance with
Article XII, Section 1 hereof.
ARTICLE III
MEMBERSHIP, EVIDENCE OF OWNERSHIP, VOTING RIGHTS IN THE
ASSOCIATION, DESIGNATION OF VOTING REPRESENTATIVE, PROXY
AND REGISTRATION OF MAILING ADDRESS
Section 1. Membership. Every person or entity who becomes a record Owner of a fee interest in
any Lot which is a part of The Properties shall automatically be a member of the Association and
shall be subject to this Declaration, the Articles of Incorporation and Bylaws of the Association and
all amendments thereto, PROVIDED, THAT, any such person or entity who holds such interest
merely as security for the performance of an obligation shall not be a member. Membership in the
Association shall terminate without any formal Association action whenever such person or entity
ceases to own an interest in any lot, but such termination shall not release or relieve any such person
or entity from any liability or obligation incurred under or in any way connected with this
Association during the period of such ownership, or impair any rights or remedies or remedies which
the Association has with regard to such former Owner.
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Section 2. Evidence of Ownership. Any person or entity on becoming an Owner of a fee interest in
a Lot shall furnish to the Secretary of the Association, a machine or certified copy of the recorded
instrument vesting that person or entity with a fee interest in the Lot, which copy shall remain in the
files of the Association. An owner shall not be deemed to be in good standing nor shall he be entitled
to vote at any annual or special meeting of the members of this Association unless this requirement
is first met.
Section 3. Voting Rights in the Association. * Any person or entity on becoming an Owner of a fee
interest in a Lot shall furnish to the Secretary of the Association, a machine or certified copy of the
recorded instrument vesting that person or entity with a fee interest in the Lot, which copy shall
remain in the files of the Association. An Owner shall not be deemed to be in good standing nor
shall he be entitled to vote at any annual or special meeting of the members of this Association
unless this requirement is first met
Section 4. Designation of Voting Representative. If a lot is owned by one (1) person or entity, his
right to vote shall be established by the record title thereto. If title to a Lot is held by more than one
(1) person or by a firm, corporation, partnership, association or other legal entity, or any
combination thereof, such Owners shall execute a proxy appointing and authorizing one (1) person
or alternate persons to attend all annual and special meetings of members and thereat to cast
whatever vote all the Owners would cast if they were personally present. Such proxy shall be
effective and remain in force unless voluntarily revoked, amended or sooner terminated by operation
oflaw; PROVIDED THAT, within thirty (30) days after such revocation, amendment, or termination
the Owners shall reappoint or authorize one (1) person or alternate persons to attend all annual and
special meetings. The proxy required hereby shall be filed with the Secretary of the Association at
least ten (10) days prior to an annual or special meeting ofthe members of the Association.
Section 5. Registration of Mailing Address. The Owner, or several Owners of a Lot, shall have
one and the same registered address to be used by the Association for mailing of monthly statements,
notices, demands and all other communications, and such registered address shall be the only
mailing address of a person, or persons, firm, corporation, partnership, association, or other legal
entity, or any combination thereof, to be used by the Association. Such registered address of an
Owner or Owners, shall be furnished by such Owner, or Owners, to the Secretary of the Association
within fifteen (15) days after transfer of title, or after a change of address, and such notification of
registered address shall be in written form and signed by all of the Owners of the Lot, or by such
persons as are authorized by law to represent the interest of all the Owners thereof. Service of
process in any action involving the Association, as Plaintiff, and such Owner, or Owners, as
Defendant may be served on any person residing at the aforesaid registered address of such Owner,
or Owners, and, in the event that no one is residing at said registered address, or no one can be found
at that address at convenient hours, such Owner, or Owners, hereby consent to being served with
process pursuant to Rule 106 of the Texas Rules of Civil Procedure (or any other substitute service
rule or statute) at such registered address.
Section 6. Payment of Assessments. No Owner shall be entitled to vote at any annual or special
meeting of the members or the Association, unless he has fully paid all monthly and special
assessments levied against the Lot owned by him.
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ARTICLE IV
ASSESSMENTS
Section 1. Assessments for Expenses. Each purchaser of any Lot by acceptance of a deed or other
instrument of conveyance thereof, whether or not it shall be so expressed in any such deed or other
instrument of conveyance, shall be deemed to covenant and agree to pay to the Association:
(a) monthly assessments or charges, and
(b) special assessments for capitol improvements, such assessments to be fixed, established
and collected from time to time as hereinafter provided.
Section 2. Purpose of Assessments. The assessments levied by the Association shall
be used exclusively for:
(a) The purpose of promoting the recreation, health, safety and welfare of the residents in
The Properties, and in particular for the improvement and maintenance of properties, services
and facilities devoted to this purpose and related to the use and enjoyment of the Common
Properties and of the homes situated on The Properties, including, but not limited to, the
payment of taxes and insurance thereon and repair, replacements, and additions thereto, and
for the cost of labor, equipment, materials, management, and supervision thereof; and
(b) The purpose of providing exterior maintenance of each Lot and living unit subject to
assessment under Article IV hereof, as follows: painting exterior surfaces of living units and
painting and repair of carports, and maintaining the front yards of living units, including
watering, mowing, trimming, fertilizing the lawn shrubbery and trees. Such maintenance
shall not include glass surfaces, patios, roofs of living units, window and door fixtures and
hardware. If the need for maintenance or repair is caused by the willful or negligent act of the
Owner, his family, guests or invitee, and not covered or paid for by insurance on the Lot, the
cost of such repair shall become a part ofthe assessment to which such Lot is subject.
(c) Carrying out the purposes of the Association as stated herein and in its Articles and
Bylaws.
Section 3. Basis and Maximum of Monthly Assessments.
80% ofthis section pertaining to the 'Declarant" has been deleted as it no longer applies.
(a) The maximum monthly assessment may be increased by the Board of Directors to be
effective January 1st of each year without a vote of the membership not more than 5%
above the maximum assessment for the previous year.
(b) The maximum monthly assessment may be increased above 5%, provided that any such
change shall have the assent of two-thirds (2/3) of the votes who are voting in person or by
proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all
members not less than thirty (30) days nor more than fifty (50) days in advance of the
meeting setting forth the purpose of the meeting.
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Section 4. Special Assessment for Capitol Improvements.
In addition to the monthly assessments authorized by Section 3 of this Article IV, the Association
may levy, from time to time, special assessments for the purpose of defraying. In whole or in part,
the cost of any construction or reconstruction, unexpected repair or replacement: of described capitol
improvements upon the Common Properties, including the fixtures and personal property related
thereto, and for carrying out the purposes of the Association as stated herein and in its Articles of
Incorporation and Bylaws, PROVIDED, THAT, any such assessment shall be approved by two-
thirds (2/3) of the votes of members present and entitled to vote at a meeting of the Association, duly
called for such purpose, written notice of which, specifically setting forth the purpose of the meeting,
shall be given to all Owners thirty (30) days in advance.
Section 5. Date of Commencement of Monthly and Special Assessments.
The monthly assessments provided for herein shall commence on the date (which shall be the first
day of a month) fixed by the Board of Directors of the Association. The due date of any special
assessment shall be fixed in the resolution authorizing such assessment.
Section 6. Quorum for Action Authorized Under Sections 3 and 4. The quorum required for any
action authorized by Sections 3 and 4 of this Article IV shall be as follows:
(a) At the first meeting called, as provided in Sections 3 and 4 hereof, the presence in person
or by proxy of members entitled to cast sixty (60) percent of all votes shall constitute a
quorum.
(b) If the required quorum is not forthcoming at any meeting, another meeting may be
called, subject to the notice requirement set forth in Sections 3 and 4, and the required
quorum at any such subsequent meeting shall be one-half (112) of the quorum required at the
preceding meeting, PROVIDED, THAT, no such subsequent meeting shall be held later than
sixty (60) days following the preceding meeting.
Section 7. Owner's Personal Obligation for Payment of Assessments. All monthly and special
assessments assessed against each Lot shall be the personal debt of the Owner, or Owners, thereof.
No Owner may exempt himself from liability for his assessments by waiver of the use or enjoyment
of any of the Common Properties of by abandonment of his Lot. The Board of Directors of the
Association shall have the responsibility to take prompt action to collect any unpaid assessment
which remains unpaid more than thirty (30) days from the due date thereof. In the event of default in
the payment of an assessment, an Owner shall be obligated to pay interest at the rate of ten percent
(l 0%) per annum on the amount of the assessment from the due date thereof until paid, together with
all expenses (including attorney's fees and court costs) incurred by the Association in collecting such
delinquent assessment. Suit to recover a money judgment for unpaid assessments shall be
maintainable without foreclosing or waiving the liens securing same.
Section 8. Lien for Assessment. All sums assessed but unpaid chargeable to any Lot shall constitute
a lien on such Lot and the improvements thereon superior to all other liens and encumbrances,
EXCEPT ONLY for tax and special assessment liens and encumbrances, of any assessing unit, and
all sums unpaid on any mortgage of mortgages of record against the Lot. To evidence such lien, the
Board of Directors of the Association shall cause a written notice of lien assessment to be prepared
setting forth the amount of such unpaid assessment, the name of the Owner of the Lot and a
description of the Lot. Such notice shall be signed by one of the members of the Board of Directors
of the Association, or one of the officers of the Association, and shall be recorded in the office of the
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County Clerk of Dallas County, Texas. Such lien for unpaid assessments shall attach from the date
of failure of payment of the assessment, and such lien may be enforced by the foreclosure of the
defaulting Owners Lot by the Association in like manner as a mortgage on real property subsequent
to the recording of a notice of claim thereof. In any such proceedings the Owner shall be required to
pay the costs, expenses and attorney's fees incurred for filing the lien, and in the event of foreclosure
proceedings, the additional costs, expenses and reasonable attorney's fees incurred but not less than
the amount recommended by the Texas Bar Association for foreclosure proceedings through Court.
The Owner of the Lot being foreclosed shall be required to pay to the Association all assessments
against the Lot during the period of foreclosure, and the Association shall be entitled to a receiver to
collect the same. The Association shall have the power to bid in the Lot at foreclosure or other legal
sale and to acquire and hold, lease, mortgage, vote the vote appurtenant to, conveyor otherwise deal
with the same. Any mortgagee holding a lien on a may pay, but shall not be required to pay any
unpaid assessments payable with respect to such Lot. Upon request of a mortgagee, the Association
shall report to the mortgagee of a Lot any unpaid assessments remaining unpaid for longer than
twenty-five (25) days after the same are due, PROVIDED, THAT, such mortgagee shall have
furnished to the Association notice of such mortgage.
Section 9. Liability for Assessments Upon Transfer of a Lot is Joint. Upon payment to the
Association of a reasonable fee not to exceed *Twenty-Five Dollars ($25.00), and upon the written
request of any Owner of any mortgage or prospective mortgagee, the Association by its financial
officer shall issue a written statement setting forth the amount of unpaid assessments, if any, with
respect to the subject Lot, the amount of the current monthly assessment and the date that such
assessment becomes due, which statement shall be conclusive upon the Association in favor of all
persons who rely thereon in good faith. Unless such request for a statement of assessments shall be
complied with within ten (10) days, all unpaid assessments which become due prior to the date
making such request shall be subordinate to the rights of the person requesting such statement. The
grantee of a Lot shall be jointly and severally liable with the grantor for all unpaid assessments
against the Lot for the unpaid assessments up to the time of the conveyance, without prejudice to the
grantee's right to recover from the grantor the amounts paid by the grantee therefore, PROVIDED,
THAT, upon payment of a reasonable fee not to exceed *Twenty-Five Dollars ($25.00), as is
hereinabove provided, and upon written request, any such prospective grantee shall be entitled to a
statement from the Association's financial officer setting forth the amount of the unpaid
assessments, if any, with respect to the subject Lot, the amount of the current monthly assessment
and the date that such assessment becomes due, which statement shall be conclusive upon the
Association. Unless such request for such a statement shall be complied with within ten (10) days of
such requesting grantee shall not be liable for, nor shall the Lot conveyed be subject to a lien for any
unpaid assessments.
*amended by the Board on November 9, 2010 to $50.00
Section 10. Exempt Property. The following property subject to this Declaration shall be exempt
from the assessments created herein:
(a) All properties dedicated to and accepted by a local public authority;
(b) The Common Property; and
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(c) all properties owned by a charitable or non-profit organization exempt from taxation by
the laws of the State of Texas. However, no land or improvements devoted to dwelling use
shall be exempt from said assessments.
Section 11. Insurance.
The Board of Directors, or its duly authorized agent, shall have the authority to and shall obtain
insurance for all the buildings against loss or damage by fire or other hazards in an amount (
sufficient to cover the full replacement cost of any repair or reconstruction work in the event of
damage or destruction from any hazard, and shall also obtain a broad form public liability policy
covering all Common Property, and all damage or injury caused by the negligence of the Association
or any of its agents. Said insurance may include coverage against vandalism. Premiums for all such
insurance shall be common expenses. All such insurance coverage obtained by the Board of
Directors shall be written in the name of the Association as Trustee. In the event of damage or
destruction by fire and other casualty to any property covered by insurance written in the name of
the Association, the Board of Directors shall, with concurrence of the mortgagee, if any, upon
receipt of the insurance proceeds, contract to rebuild or repair such damage or destroyed portions of
the property to as good condition as formerly. All such insurance proceeds shall be deposited in a
bank or other financial institution insured by a Federal governmental agency, with the provision
agreed to by said bank or institution that such funds may be withdrawn only by signature of at least
one-third (1/3) of the members of the Board of Directors, or by an agent duly authorized by the
Board of Directors. The Board of Directors shall advertise for sealed bids with any licensed
contractor, and then may negotiate with any contractor, who shall be required to provide a full
performance and payment bond for the repair, reconstruction or rebuilding of such destroyed
building or buildings. In the event the insurance proceeds are insufficient to pay all the costs of
repairing and/or rebuilding to the same condition as formally, the Board of Directors shall levy a
special assessment against all townhouse owners, as established by Article IV, Section 4, above, to
make up any deficiency for repair or rebuilding of the Common Property not a physical part of the
townhouse unit. In the event of damage or destruction by fire or other casualty to any townhouse,
carport, storage area of other property of an individual owner, said Owner, shall, with concurrence of
the mortgagee, if any, upon receipt of the insurance proceeds, contract to repair or rebuild such
damaged or destroyed portions of the carport, storage area and exterior of the townhouse in a good
workmanlike manner in conformance with the original plans and specifications of said townhouse.
In the event such owner refuses or fails to so repair and rebuild or enter into a contract to repair and
rebuild any and all such damage to the exterior of the townhouse, carport and storage area within
thirty (30) days, the Association, by and through its Board of Directors, is hereby irrevocably
authorized by such Owner to repair and rebuild any such townhouse and carport and storage area in
a good and workmanlike manner in conformance with their original plans and specifications. The
Owner shall then repay the Association in the amount actually expended for such repairs to the
extent such amount is not covered by insurance proceeds received by the Association, and the
Association shall have a lien securing the payment of same and subject to foreclosures as above
provided. Any Owner whose Lot or dwelling unit is not covered by fire and hazard insurance
through the Association shall upon request, deliver to the Association a copy of the certificate of
insurance covering said dwelling and shall notify the Association in writing in the event such
dwelling becomes uninsured.
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ARTICLE V
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original
construction of the homes upon the Properties and placed on the dividing line between the Lots shall
constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Article, the
general rules of law regarding party walls and liability for property damage due to negligence of
willful acts or omissions shall apply thereto. The owner of a Townhouse shall not cut through or
make any penetration through a party wall for any purpose whatsoever.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of
a party wall shall be shared by the Owners who make use of the wall in equal proportions.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire
or other casualty, then to the extent that such damage is not covered by insurance and repaired out of
the proceeds of same, any Owner who has used the wall may restore it, and if the other Owners
thereafter make use of the wall, they shall contribute to the cost of restoration thereof in equal
proportions without prejudice, however, to the right of any such Owner to call for a larger
contribution from the others under any rule of law regarding liability for negligence or willful acts or
omissions.
Section 4. Weatherproofing. Notwithstanding any other provisions of this Article, to the extent that
such damage is not covered and paid by the insurance provided for herein, an Owner, who by his
negligent or willful act causes the Party Wall to be exposed to the elements shall bear the whole cost
of furnishing the necessary protection against such elements.
Section s. Right to Contribution Runs with Land. The right of any Owner to contribution from
any other Owner under this Article shall be appurtenant to and run with land and shall pass to such
Owner successors in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the
provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose
one additional arbitrator, and the decision shall be by a majority of all the arbitrators. Should any
party refuse to appoint an arbitrator within ten (10) days after written request therefore, the Board of
Directors of the Association shall select an arbitrator for the refusing party.
ARTICLE VI
APPLICABILITY OF CITY ORDINANCES
Not withstanding any other term or provision of this Declaration, all lawful ordinances of the City of
Garland, Texas shall be fully applicable.
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ARTICLE VII
PROPERTY RIGHTS
Section 1. Members' Easements of Enjoyment: Every member shall have a right and easement of
enjoyment in and to the Common Property and such easement shall be appurtenant to and shall pass
with title to every assessed Lot, subject to the following provisions:
(a) the right of the Association to limit the number of guests of members;
(b) the right of the Association to charge reasonable admission and other fees for the use of
any recreational facility situated upon Common Property;
(c) the right of the Association, in accordance with its Articles and Bylaws, to borrow
money for the purpose of improving the Common Property and facilities and in aid
thereof to mortgage said property, and the rights of such mortgagee in said properties shall be
subordinate to the rights of the homeowners hereunder;
(d) the right of the Association to suspend the voting rights and right to use the recreational
facilities by a member for any period during which any assessment against his Lot remains
unpaid and for a period not to exceed sixty (60) days for any infraction of its published rules
and regulation;
(e) the right of the Association to dedicate or transfer all or any part of the Common Proper
ties to any public agency, authority or utility for such purposes and subject to such conditions
as may be agreed to by the members. No such dedication or transfer shall be effective unless
written notice of the proposed action is sent to every member not less than thirty (30) days in
advance and unless an instrument signed by members entitled to cast two-thirds (2/3) of the
votes of the * * membership, agreeing to such dedication or transfer.
Section 2. Delegation of Use. Any member may delegate, in accordance with the Bylaws, his right
of enjoyment to the Common Property and facilities to the members of his family, his tenants or
contract purchasers who reside on the property.
ARTICLE VIII
COMMON PROPERTIES
Section 1. Use of Common Properties. The Common Properties are for the common use and
enjoyment of all of the Owners of The Properties and shall be used by each Owner in accordance
with the purpose for which they are intended without hindering or encroach ing upon the lawful
rights of the other Owners.
Section 2. Damage to Common Properties. Any of the Common Properties damaged by an Owner,
the Owner's guests, or the Owners children or their guests shall be repaired or replaced by the
Association at the expense of such Owner, and failure of such Owner to promptly pay such expenses
upon demand by the Association shall give the Association the same rights and remedies as if said
Owner had failed to pay an assessment levied against his Lot.
Section 3. Title to the Common Properties. Refers to 'Declarant" and no longer applies.
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Section 4. Dissolution of the Association. In the event of the dissolution of the Association, the
Common Properties shall be disposed of in accordance with a plan adopted by vote of the members
of the Association at a meeting duly called for such purpose, written notice of which, specifically
setting forth the purpose of the meeting shall be given to all Owners at least thirty (30) days in
advance.
ARTICLE IX
ARCHITECTURAL CONTROL COMMITTEE
No erection of buildings or exterior additions or alterations to any building situated upon The
Properties nor erection of or changes or additions in fences, hedges, walls and other structures shall
be commenced, erected or maintained until the plans and specifications showing the nature, kind,
shape, height, materials and location of the same shall have been submitted to and approved in
writing as to harmony of external design, appearance and location in relation to surrounding
structures and topography by an architectural control committee which may consist of members of
the architectural control committee which may consist of members of the Board of Directors,
persons who are members of the Association, and qualified architects, planners and builders, as
designated by the Board of Directors of the Association. In the event said committee, or its
designated representatives, fail to approve or disapprove such design and location within thirty (30)
days after said plans and specification have been submitted to it, and in any event, if no suit to enjoin
the addition, alteration or change has been commenced prior to the completion thereof, approval will
not be required and this article will be deemed to have been complied with. Neither the members of
such committee nor its designated representative shall be entitled to compensation for services
performed pursuant to this Article.
Notwithstanding the foregoing paragraph, said improvements may not be erected without the
consent of the City of Garland, Texas if any erection of same would constitute a deviation from the
site plan of The Properties as embodied in any zoning ordinance affecting The Properties. * *
ARTICLE X
PROTECTIVE COVENANTS
Section 1. No Lot shall at any time be subdivided into a smaller lot. No Lot shall be used except for
single family residential purposes. No building shall be erected, altered, placed or permitted to
remain on any Lot other than one (1) attached single-family dwelling not to exceed two (2) stories in
height and a private garage or carport.
Section 2. No noxious or offensive activity shall be carried on upon any Lot, nor shall any thing be
done thereon which may be or may become an annoyance or nuisance to the neighbor hood.
Section 3. No mobile home, trailer, tent, shack, garage, bam or other structure of a temporary
character shall ever be placed on any Lot without the prior written approval of the Architectural
Control Committee.
Section 4. No signs of any kind shall be displayed to public view on any Lot, (1) sign of not more
than five (5) square feet advertising the Lot for sale or rent, copy to be limited to name and telephone
number. All other signs shall be approved by the Architectural Control Committee.
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Section 5. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot,
except that dogs, cats or other household pets may be kept, provided they are not kept, bred, or
maintained for any commercial purposes.
Section 6. The Common Properties shall not used or maintained as a dumping ground for rubbish,
trash or garbage. Trash receptacles will be housed and screened as specified by the Architectural
Control Committee.
Section 7. No fence, wall, hedge or planting shall extend over the front building sethack line without
the prior written approval of the Architectural Control Committee.
Section 8. Trucks with a weight in excess of three quarter's (3/4) ton shall not be permitted to park
on the private streets, driveways or alleys of the Properties overnight, and no vehicle of any size
which normally transports inflammatory or explosive cargo may be kept within The Properties at
any time.
Section 9. No antenna or tower shall be erected upon any Lot or improvement without the prior
written approval of the Architectural Control Committee.
Section 10. Motor vehicles which have been inoperative for three (3) or more days shall not be
parked within The Properties except within an enclosed garage or carport.
Section 11 . Walls erected upon the dividing line between Lots as part of the original construction of
the improvements shall constitute party walls and, to the extent not inconsistent with other
provisions of this Declaration, the general rules of law regarding party walls shall apply.
Section 1 2. Should any of the improvements on any of the Lots be destroyed or damaged by fire or
other casualty, the Owner of the Lot agrees to restore or repair the improvements to substantially the
same condition in which they existed prior to such destruction or damage.
Section 13. No oil drilling, oil development operations, oil refining, quarrying or mining operations
of any kind shall be permitted within The Properties, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted within The Properties. No derrick or other structure designed for
use in boring for oil or natural gas shalt be erected, maintained or permitted within The Properties.
ARTICLE XI
EASEMENTS
Section 1. Each living unit and the property included in the Common Property shall be subject to an
easement for encroachments created by construction, settling and overhang of the structures built by
Declarant; provided, however, that nothing contained in this Section 1 shall be construed to permit
the construction of improvements that would violate ordinances of the City of Garland, Texas or
would initially violate the other terms and provisions of the Declaration. A valid easement for said
encroachments and for the maintenance of same, so long as they stand, shall and does exist. Said
easement shall not be considered an unlimited easement and the final decisions as to the
reasonableness of such easement shall rest with the Architectural Control Committee.
Section 2. There is hereby created a blanket easement upon, across, over and under all said property
for ingress and egress for maintenance and other purposes set out in Article IV and for maintaining
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and repairing utilities. By virtue of this easement, it shall be expressly permissible for the utility
companies to affix and maintain pipes, wires, conduits or other service lines on, above, across and
under the roofs and exterior walls of the Townhouses.
Section 3. The Owners of the respective Lots shall not be deemed to separately own pipes, wires,
conduits or other service lines running through their property which are utilized for or serve other
Lots, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary
for the use, maintenance and enjoyment of his Lot.
Section 4. Easements and alleys for the installation and maintenance of utilities and drainage
facilities are reserved as shown by the plat and instruments recorded in the office of the County
Clerk and by instruments that may hereafter be recorded in said office as provided in Section 2 of
Article Xl above. No shrubbery, fence or other obstruction shall be placed in any easement or alley
way. Right of use for ingress and egress shall be had at all times over any dedicated easement, for
installation, operation, maintenance, repair or removal of any utility, together with the right to
remove any obstruction that may be placed in such easement, that would constitute interference with
the use, maintenance, operation or installation of such utility.
ARTICLE X
GENERAL PROVISIONS
Section 1. Time to Run and Amendment by Owner. The provisions of this Declaration shall run
and bind the land, and shall inure to the benefit of and be enforceable by the Association or the
Owner of any land subject to this Declaration, their respective legal representatives, heirs, devisees,
successors and assigns, for a term of thirty (30) years from this Declaration is recorder, after which
time they shall be automatically extend for successive periods often (10) years. This Declaration
may be amended during the first thirty (30) year period by an instrument signed by not less than
ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than
seventy-five (75) percent of the Lot Owners. Any amendment must be recorded. Not withstanding
the foregoing, this Declaration may in no event be terminated without the prior written consent of
the City of Garland, Texas.
Section 2. Amendment by Declarant. * * no longer applies
Section 3. Control of Association by Declarant. ** no longer applies
Section 4. Enforcement. (???) Enforcement of the provisions contained in this declaration shall be
by any proceeding at law or in equity against any person or persons violating or attempting to violate
any provisions contained herein either to restrain such violation to recover damages for such
violation or to enforce any lien created by this Declaration, and failure by the Association or any
Owner to enforce any provision contained herein shall in no event be deemed a waiver of the right to
do so thereafter.
Section 5. Severability. Invalidation of any provision of this declaration by judgment or court shall
in no way effect any other provisions which shall remain in full force and effect.
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NOTES:
The balance of this copy of the original document by Exchange Savings and Loan Assoc. President,
attested by Assistant Secretary.
The last paragraph pertains to notary public statement in 1975.
The Towngate Association does not have any authorized signatures on any copy of the Document!
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