Parkway Central Homeowners Association

2003 Covenant/Deed Restrictions

CURRENT (2003) COVENANT and DEED RESTRICTIONS

Declaration of Covenants, Conditions and Restrictions

for

PARKWAY CENTRAL and SOMERSET

Real Estate Subdivisions to the City of Arlington, Tarrant Count, Texas

State of Texas
County of Tarrant

The Owners of the Lots in Parkway Central and Somerset real estate subdivision (“Parkway Central”) do hereby place the following covenants, conditions and restrictions set forth in this document to be binding on the current Owners as well as any subsequent Owners of the following-described real properties in the City of Arlington, Tarrant County, Texas:

(a) Parkway Central Subdivision
Lots 1 through 34 inclusive in Block 5A
Lots 1 through 54 inclusive in Block 5B
Lots 1R through 33 inclusive in Block 10A
Lots 1 through 20 inclusive in Block 10B
Lots 1 through 15 inclusive in Block C

(b) Somerset Subdivision
Lots 1 through 12 inclusive in Block 1
Lots 1 through 9 inclusive in Block 2
Lots 4 through 8 inclusive in Somerset Lane Townhomes


These Lots are shown on the City of Arlington plat attached hereto as Exhibit A. A total of 180 Lots are included in the two subdivisions described above. These covenants, conditions, and restrictions replace the original Covenants for Parkway Central and Somerset subdivisions recorded August 25th, 1972 and December 8th, 1976, respectively, at the Tarrant County Courthouse.

I. Homeowners Association

1.1 The Owners of the Lots in the two subdivision listed above have formed the Parkway Central Homeowners Association, Inc., a non-profit corporation. All resident deed holders of the Lots described above are eligible to be members of the Parkway Central Homeowner’s Association (“the Association”). Requirements for membership, rules and procedures for conducting business, and election of Directors and Officers are described in the Association Bylaws attached hereto as Exhibit B. The Association Bylaws are approved separately from this Covenants document and are included in Exhibit B for reference only.

II. Architectural Control

2.1 Architectural Control Committee. An Architectural Control Committee will be established by the Association for the purpose of monitoring compliance with the Deed Restrictions set forth in this Document. No building shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finish grade elevations.

2.2 Membership. The Architectural Control Committee (“the Committee”) shall be composed of three Association members appointed by the Chairman of the Association. The term of membership on the Committee shall not exceed three consecutive years. In the event of death or resignation of any member of the Committee, the Chairman will appoint an immediate successor. A majority of the Committee may designate a representative to act for it. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record Owners of seventy-five percent of the Lots in Parkway Central shall have the power through a signed written petition to change the Membership of the Committee or to appoint new members to fill existing vacancies. The Committee shall not be liable in damages to any property Owner or occupant submitting plans to it for approval by reason of error, mistake in judgment, negligence, negligence per se, gross negligence, or nonfeasance arising out of or in connection with the approval or failure to approve any such plans.

2.3 Procedure. The Committee’s approval or disapproval as required in theses Covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove in writing within 30 days after plans and specifications have been submitted, written approval will not be required and the related Covenants shall be deemed to have been fully complied with.

III. Deed Restrictions

3.1 Residential Uses and Limitations. All Lots are hereby restricted to single family dwellings for residential use only. All Homes erected upon said Lots shall be of new construction. There shall not exist on any Lot at any time more than one residence. No building erected on any Lot shall exceed two stories in height. No trailer, tent, shack, barn, temporary building, storage building, carport, garage, out building or guest house, children’s play houses, raised decks and patios, nor any other structures that are visible from the adjacent property or from public thoroughfares shall be erected on any of the Lots without written approval from the Committee. No trade or business of any kind shall be conducted upon a Lot or any part thereof, except where specifically permitted by the City of Arlington Ordinance. Construction of new buildings only shall be permitted, it being the intent of the Covenant to prohibit the moving of any existing building onto a Lot and remodeling or converting same into a dwelling house.

3.2 Dwellings. All dwellings shall meet the following requirements for size and siting:

(a) The minimum floor area of the main structure, exclusive of open porches and garages, shall be not less than 1,800 square feet minimum for a one-story house or 2,250 square feet for a 1½ or 2-story house of which not less than 1,200 square feet will be on the first floor.

(b) No dwelling shall be located on any Lot nearer than 25 feet to the front line or 5 feet to the side line. Sideline set back on corner Lots will not be less than 15 feet. For the purpose of these covenants, eaves and steps will 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 another lot.

3.3 Building Materials. All dwellings shall be constructed of materials that meet the following requirements:

(a) All exposed exterior wall areas of the first floor, exclusive of doors, windows, or gables shall be eighty percent (80%) masonry construction unless otherwise approved by the Committee. Masonry materials shall be of quality and appearance equal or superior to standard clay or shale common brick, color pigment Portland cement, or quarried stone.

(b) All chimneys that originate on the front and sides will be one hundred percent (100%) masonry. Any chimneys that originate behind the ridgeline can be products other than masonry subject to the Committee’s approval of material and location.

(c) All roofing materials shall consist of wood shingle, cedar shake, slate concrete tile, asphalt random butt design with wood shingle textured look, minimum weight 235 pounds per 100 square feet of surface, or other materials approved by the Committee.

3.4 Garages. All garages or carports must be not less than two-car size. If on the street side, the front of the garage or carport must be closed with a wall of the same materials as the main dwelling. It is the general intent of this paragraph that no garages or carports shall have an opening which faces or opens facing the street or any side street; however, the placement of garages on Lots shall be subject to approval of the Committee as provided for in Paragraph 2.0, which Committee shall have the authority to accept or reject any proposed plan in this regard. Existing dwellings constructed before January 1, 1999 with garage openings facing the street are exempt from this requirement.

3.5 Storage Buildings. Any storage buildings erected on any Lot within Parkway Central must meet the following requirements:


(a) Plans for the storage building must be presented to the Committee and approved by the Committee prior to start of construction and installation of a pre-manufactured storage building on the lot. A valid City of Arlington Building Permit must be submitted with the plans, if such permit is required by City ordinance.

(b) Storage buildings shall be no larger than one hundred (100) square feet in floor area, and shall be single story.

(c) Exterior walls and roofing material shall be similar in type, color and quality to that of the residential dwelling structure. Masonry wall construction is not required. Metal storage buildings are not permitted.

(d) Storage buildings shall be placed on the Lot so that they are not visible from public thoroughfares. Storage buildings shall be placed at the back of a Lot behind the dwelling structure or concealed within a fenced yard.


3.6 Landscaping and Fences.

(a) Any landscaping on a Lot shall be completed within sixty (60) days after the Home is finish graded.

(b) All fences shall be of masonry or wood or wrought iron or combinations thereof. There shall be no wire or chain link fences. All fences shall be maintained in an attractive manner. No fence on any Lot shall exceed eight feet in height.

(c) No fence or wall shall be erected, placed, or altered on any Lot nearer to any street than minimum building set back line shown on the recorded plat.

3.7 Vehicles. Vehicles with tonnage in excess of ¾ ton shall not be permitted to park on the streets, driveways, or lots over night and no vehicle of any size which normally transports inflammatory or explosive cargo may be kept in the subdivision at any time.

3.8 Nuisances. The Lot, Home and other improvements located on each Lot shall not be used so as to disturb the neighborhood or occupants of the adjacent property, not to constitute a nuisance, nor to violate any public law, ordinance or regulation from time to time applicable thereto. No Lot, Home and/or other improvements shall be used for any purpose which will create or emit any objectionable, offensive or noxious odors, dust, gas, fumes, liquids, noises, or other such materials or conditions. Except during the period of construction of a Home, or during time required for the improvement or maintenance of a Home, no Owner shall permit any rubbish or debris of any kind to be placed or to accumulate upon any Lot. No Owner shall permit any thing or condition to exist upon the Owner’s Lot which shall induce, breed, or harbor, plants, diseases or insects or other pests. No lighting or illumination of any type shall be placed upon a Lot in such a manner as to cause unreasonable glare or illumination on any other Lot or on public thoroughfares.

3.9 Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently.

3.10 Signs. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than on square foot, on sign of not more than five square feet advertising the property for sale or rent, or signs used by a building or contractor to advertise the property during the construction, sale or remodel period. This Covenant does not apply to advertisements for political candidate during elections periods.

3.11 Animals. 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 thereon provided that they are not kept, bred or maintained for any commercial purpose. No structure for the care, housing, or confinement of any animal or bird shall be maintained so as to be visible from adjacent property or from public thoroughfares.

3.12 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

3.13 Sight Distance at Intersections. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or, in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight line limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances or such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines and any traffic signs.

3.14 Oil and Mining Operation. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structures, nor overhead lines, shall be installed for any purpose on any Lot without written permission of the Committee.

3.15 Underground Utilities. Underground utility service, including electric service of the type known at 120/240-volt, single phase, 3-wire, 60-cycle alternating current and telephone service has been made available to all Lots. Since it is the purpose and intent of these Covenants that all utility services in Parkway Central shall be maintained underground, no poles, towers, or other similar structures, nor overhead lines, shall be installed for any purpose on any Lot without written permission of the Committee.

3.16 Air Conditioning Apparatus. No air conditioning apparatus shall be installed on the ground in the front of a Home unless approved by the Committee. No air conditioning apparatus or evaporation cooler shall be installed on any front wall of a Home.

3.17 Solar Energy Collector Panels. Installation of solar energy collector panels, including photovoltaic cell panels, on the roof or walls of a dwelling structure, or installed anywhere on the Lot, must be approved by the Committee. Roof mounted panels must be attached as close as possible to the roof surface, and space between the panels and the roof must be enclosed with edge panels. Attached piping or wiring must be enclosed and shall not be visible from outside the dwelling structure.

3.18 Water and Sewer. No individual water supply system or sewage disposal system shall be permitted on any Lot and all dwellings must attach to such facilities as are provided by the water and sanitation district serving the area. The pumping of water from lakes, streams, ponds or water wells is prohibited except by special permit, in writing, granted by the Committee.

3.19 Clotheslines. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained except concealed within a fenced service yard or otherwise concealed and not visible from the adjacent property or public thoroughfares.

3.20 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual and customary in connection with the maintenance or construction of a private residence. Such machinery and equipment for a home workshop may be placed, operated, and maintained inside a private residence, including an enclosed garage.

3.21 Antennas and Signals. No exterior antenna or other device for the transmission or reception of any form of electromagnetic radiation shall be erected, used or maintained on any Lot unless approved by the Committee, in writing. No radio signals, television signals or any other form of electromagnetic radiation shall originate from any Lot which may unreasonably interfere with the reception of television or radio signals on any other Lot. No satellite dish antenna greater than 18 inches in diameter shall be erected unless approved by the Committee, except that any satellite dish antenna greater than 18 inches in diameter installed prior to January 1, 1999 shall be permitted. No antennas of any kind shall be erected on the side or roof of any dwelling where it would be visible from a public thoroughfare.

3.22 Swimming Pools. All swimming pools must be permanently installed and below grade. No above ground swimming pools are permitted except those constructed prior to January 1, 1999. Construction of a swimming pool does not require approval of the Committee, but shall be built according to City codes and ordinances.

3.23 Easements. Easements for installation and maintenance of utilities and drainage facilities serving the Lots in Parkway Central are reserved as shown on the recorded plat for the three subdivisions on file in the Deed Records of Tarrant County, Texas. Within these easements, no structure, planting or other materials shall be erected or placed which may damage or interfere with the installation and maintenance of utilities, or which may materially change the direction of flow, obstruct, or retard the flow of water in and through drainage channels in such easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner or each Lot, except for those improvements for which one or more public authorities or utilities are responsible.

3.24 General Maintenance. Each Owner shall maintain and care for his dwelling and all improvements, trees, foliage, plants, and lawns on his Lot and otherwise keep his Lot and all improvements thereon in conformity with the general character and quality of properties in the immediate area.

3.25 Term. These Covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of twenty-five years from the date these Covenants are recorded, after which time said Covenants shall be automatically extended for successive periods of five years unless an instrument signed by a majority of the then Owners of the Lots in Parkway Central and Somerset subdivisions has been recorded, agreeing to change said covenants, in whole or in part.

3.26 Enforcement. Enforcement of these Covenants and restrictions may be by proceedings at law or in equity against any person violating or attempting to violate any Covenant or restriction herein either to restrain a violation hereof or to recover damages. All Owners agree that any such proceeding would cause irreparable injury to the other Owners seeking the protection of these Covenants and restrictions and that any court of competent jurisdiction may enter an injunction restraining any violation or attempted violation hereof. The failure by the Association or any Owner to enforce any Covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter.

3.27 Severability. Invalidation of any of one or more of these Covenants or restrictions by judgment or court order shall in no way affect any of the other covenants, which shall remain in full force and effect.

IV, Change of Prior Covenants.

3.4 This document has been approved by a majority of the Owners of the Lots in Parkway Central and Somerset subdivision and its Covenants are legally binding on all Lot owners. The signatures of the Lot Owners agreeing to these changes to the prior recorded Covenants pertaining to Parkway Central and Somerset are attached hereto as Exhibit C.