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Woodgate Deed Restrictions

These are NOT the original documents.
The original documents are on file, however as time passed, electronic versions were desired and paper copies became less legible.
This IS however, intended to contain the exact same text and capture the exact same intent as the original documents.

Amended and Restated Declarations of Covenants, Conditions and Restrictions for Woodgate Addition

State of Texas
County of Denton                                                                                                                                       Know All Men by These Presents:


The undersigned, WOODGATE NEIGHBORHOOD ASSOCIATION, INC., (WNA) incorporated herein by references for all purposes (the “Property”), hereby places on each and every lot comprising the Property the following covenants, conditions and restrictions, which are hereby made part of each and every deed hereafter executed and delivered conveying said lot(s) as if such covenants, conditions and restrictions were set out in full in such deed:

1.      RESIDENTIAL ZONED PREOPERTY USE:
   The property shall be used, and all improvements thereon occupied, for single family residential purpose only.

2.      STRUCTURAL RESTRICTIONS:
   No structure shall be erected on the Property of materials other than brick, brick veneer, stone, or stone veneer, stucco or stucco veneer unless above named material shall constitute at least 75% of total outside area.  “Adobe” or “Mexican” brick shall not be used.   Openings and glass areas shall be considered to be the material which is on either side of it.  The total floor area of the main structure, exclusive of porches and garages, shall be not less than 2,200 square feet for the homes in all blocks.  The width of the front of the main structure shall be in harmony with the other dwellings in the addition.

   No dwelling or residence or any other structure shall be designed, planned or constructed of more than one story, and one and one-half stories, or two stories in height, except with the express permission of the Architectural Committee herein-after designated.

   Each dwelling or residence shall provide garage structure with space for a minimum of two cars, enclosed structure being physically part of the house (attached), and with the entry being thereto from an alley, unless otherwise approved in writing by the Architectural Committee.  Carports may be OK if constructed of approved materials with approved design, and garage remains for use as a garage.  Structural restrictions shall apply to any and all successive property owners.

3.      ARCHITECTURAL COMMITTEE:
   No building or structure shall be erected, placed or altered on any building plat on the property until two complete sets of building plans and specifications and two plot plans of the locations showing drainage for lot; and location of such building shall have been delivered to the Architectural Committee designated as hereinafter provided, and until such building plans, specifications and plot plan shall have been approved in writing by the Architectural Committee as being in conformity and harmony with the external design and location of the existing structures of the subdivision and in compliance with the restrictions contained herein.  One copy of such plans, specifications and plot plan shall be retained by the Architectural Committee and the second copy shall be redelivered to the owner of the lot with the approval of the Architectural Committee appropriately endorsed thereon.  WNA Board of Directors shall have authority to appoint the Architectural Committee.  Appointment shall be by a simple majority vote of WNA Board.  The Architectural Committee shall consist of not less than three nor more than five members (being current property owners in the Woodgate Addition and being current with their WNA membership dues), and WNA Board of Directors shall have authority to fill any vacancies in the Architectural Committee.  In the event the Architectural Committee fails to approve or disapprove any building plans, specifications and plot plans within thirty days after the same are submitted to it, and if all other terms contained in these restrictions have been complied with, the Architectural Committee shall be deemed to have approved such plans within said thirty day period.  The Architectural Committee shall in no event be liable in damages for any action or failure or refusal to act pursuant to the provisions hereof. The Architectural Committee shall receive no fees or compensation for its services and shall be empowered to restrict and recover damages for violations as specified in the WNA Bylaws.    

4.      TEMPORARY STRUCTURE:
   The undersigned Owner, or any other person bona fide in the construction of improvements may maintain on the Property temporary construction offices and such construction office shall be promptly removed upon completion of the improvements constructed upon the property.  Except for such temporary construction office, no temporary structure of any kind shall be erected or placed on the property and in no instance shall more than one dwelling or residence and the necessary outhouses to accommodate the owner or occupant thereof be erected or placed thereon.  Any garage, servant’s house, or other improvements erected more than one hundred twenty days prior to the completion of the main dwelling or residence shall be considered a temporary structure within the meaning of this paragraph.

5.      BUILDING LINE:
   All dwellings or residences erected or placed in the Property shall face the road or street upon which the Property faces, as the same is platted on the above described plat, or as may be otherwise described in the deed from the undersigned conveying the same, and no portion of any structure shall be nearer tot eh road or street property line of the Property as designed on the said plat, and no structure of any kind (either dwellings or outhouses shall be nearer than 10% of the width of the Property or 7 feet, whichever is less, to any outside perimeter boundary.

6.      NUIANCES:
   No boats, trailers, campers, or inoperable automobiles will be left on the street or the side yard within view of the street, such vehicles must be parked in a garage.  Vehicles parked on the street and unmoved for three or more days shall be considered stored and must be removed from the street immediately.  No truck with tonnage in excess of one ton and no vehicle with painted advertisements shall be permitted to park overnight on the street within the addition at any time.  No obnoxious or offensive activity of any kind whatsoever shall be carried on upon the Property, nor shall there be permitted any act therein that may be or become any annoyance or nuisance to owner of lots within the addition.

7.      FENCES:
   Only a wooden or masonry fence shall be erected on the Property.  No fence shall be erected forward of the front building line on the Property.

8.      PETS:
   No animal of fowl of any kind shall be raised, quartered or kept on any portion of the Property excepting only pets of the kind and number usual to a one family household.  Horses, hogs, sheep, ducks, peacocks, pigeons, guinea fowl, ponies, goats, pigs, cows, chickens and rabbits are expressly prohibited.

9.      EASEMENTS:
   All easements shown on the above described plat for the purpose of installation of and maintenance of public utilities and all easements hereafter granted for such purpose by the undersigned shall be strictly observed and shall not be in any manner obstructed so as to hinder any such easements.

10.  SIGNS:
   No signs for advertising purposes shall be displayed to the public view, by Homeowners or Builders, excepting only signs of customary dimensions (3 ft. X 4 ft. maximum) advertising said property, or portions thereof, for sale.

11.  ROOFS:  
   The roof pitch of any structure shall be 6 ft. X 12 ft. minimum and 12 ft. X 12 ft. maximum.  Any deviation of roof pitch must be approved by the Architectural Committee.  Roofs must be composite shingles only unless otherwise approved by the Architectural Committee.  This material should be in compliance with the City of Carrollton Code.

12.  MAILBOXES:
   The mailboxes shall be placed singly on the property line.  They shall not be constructed of materials other than the same brick, similar brick or masonry materials of which the main structure consists.  They shall be placed as indicated on the enclosed plat 

13.  GARBAGE – WEEDS:
   Unless otherwise expressly permitted by the Architectural Committee, garbage containers shall be placed so as not to be visible from the street.  The Property shall not be used as a dumping ground for rubbish, trash, garbage or waste.  The Property must be kept free of weeds and debris. If at any time an owner of any of the Property shall fail to control weeds, unsightly growth or debris, WNA or its assigns, or any other lot owner within the addition shall have the right to go to the Property, mow and clean and bill owner of record for charges which the said Owner of record shall pay upon demand.

14.  ANTENNAS AND AERIALS:
   All television antennas and other antennas and aerials shall be located inside the attic or under roof and satellite shall not exceed more than three feet above existing fence unless otherwise expressly permitted by the Architectural Committee.

15.  LANDSCAPING AND DRAINAGE:
   Landscaping of the Property must be completed within one hundred twenty days after the date the main structure is constructed nor any other alteration or change shall be made in the course of flow of any creek crossing or abutting the Property, without the approval of the Architectural Committee.  The Property shall be graded so that the surface water will flow to the street or alley.

16.  BUILDING PERMITS:
   The Building Inspector of the City of Carrollton, Texas or other municipal authority, is hereby authorized and empowered to refuse or revoke, as the case may be, any and all permits for construction improvements of any kind or character to be erected or placed on the Property, if such improvements do not conform to and comply with the restriction set out herein.  City of Carrollton ordinances shall not invalidate these Covenants, Conditions and Restrictions.

17.  WAIVER BY ARCHITECTURAL COMMITTEE:
   The Architectural Committee may, in its discretion, approve construction of structures lacking not more than 10% of the minimum square footage required by paragraph 2 above, and may waive such other variations from these restrictions as said Architectural Committee deems to be inconsistent with the general tenor and purpose of these restrictions.

18.  ENFORCEMENT:
   Enforcement of these covenants and restrictions shall be a proceeding initiated by a person or persons owning any residential lot in the subdivision in which the Property is situated, and being current in WNA membership dues or by any member of the Architectural Committee, or by the City of Carrollton, or by WNA, or both, against any person or persons violating or attempting to violate any covenants, conditions or restrictions herein contained, either to restrain violation or to recover damages for the violation, or both.  The Architectural Committee, and each of its appointed board members or its assigns shall enforce these covenants, conditions and restrictions by a proceeding or proceedings at law or in equity.

19.  DURATION:
   The restrictions hereinabove set forth, each of which shall be deemed to be a condition subsequent, shall run with the land and shall be binding upon the undersigned and all persons claiming under the undersigned, and the respective successors, heirs, personal representatives and assigns, until January 1, 1991, and said restrictions hall be automatically extended hereinafter for successive ten year periods unless a three-fourths majority of the then owners of all lots within the hereinabove described subdivision which are encumbered by these or similar restrictions shall in writing change or modify the same in whole or in part by action taken during the last year of the primary term hereof or of any succeeding ten year renewal period.  The foregoing restrictions shall be applicable only to the undersigned or by the other owners, from time, of the Property.

20.  SERVICE FACILITIES:
   All clothes lines or service facilities must be enclosed within walls, fences or landscaping so as not to be visible from the outside of the Property.

21.  SEVERABILITY:
   In the event that any of the provisions contained herein shall be determined to be invalid, such invalidity shall not affect any of the other provisions hereof, but the same shall remain in full force and effect.

Signed, Executed, Original Documents on File:
THIS IS A REPRODUCTION 

Bylaws of Woodgate Neighborhood Association, Inc.

ARTICLE I

Section One:  The name of this organization shall be Woodgate Neighborhood Association, Inc. and the complete title or its abbreviation “WNA” shall be used in all transactions of official business.

ARTICLE II
Purpose

Section One:  The Woodgate Neighborhood Association (WNA) shall serve as an organization of residents who have a common interest in the welfare and safety of the neighborhood which it seeks to serve.  The aims of the Woodgate Neighborhood Association are to promote and enhance the quality of life in the Woodgate subdivision of Carrollton, Texas and to uphold and enforce, to the best of its ability, the Declaration of Covenants and Restrictions as recorded in the County of Denton, Texas.  WNA shall also represent the best interests of the neighborhood to the appropriate governmental bodies when it is deemed necessary.

ARTICLE III
Membership

Section One:  Membership shall be extended to all households in the Woodgate subdivision of Carrollton, Texas, as shown on the plat of survey for Woodgate in file at the County of Denton.

Section Two:  Membership in the Woodgate Neighborhood Association shall be open to all households without regard to race, creed, color, religion, sex, or age.

Section Three:  Dues shall be solicited via invoice, which will be delivered to each residence by January 15 and is payable by each resident no later than January 31st.  At the discretion of the Board of Directors, dues may be increased during any calendar year.  New residents shall pay full amount if they move into the neighborhood between the months of January through June or one-half the amount if they move into the neighborhood between the months of July through December.

Section Four:  Each residence with paid membership dues shall be entitled to one vote.  The vote for a household shall be exercised as the individuals of the household among themselves determine, but in no event shall more than one vote be cast with respect to any such residence.

Section Five:  Written proxy votes may be made through block trustees or members of the Board of Directors.

ARTICLE IV
Meetings of Members

Section One:  The annual meeting of the membership shall be held the third week of October for the purpose of electing officers and for the transaction of such other business as may come before the meeting.  Meeting date subject to change pending facility availability.

Section Two:  Special and/or additional meetings of the members may be called by the President, two of the Board of Directors or at least one-half of the Block Trustees.

Section Three:  Notice of Meetings:  The membership shall be informed of the meeting by written notice in the Newsletter and/or signs posted throughout the neighborhood at least 10 days before the meeting date.  In the event of a special meeting of the members, three (3) days written notice or a telephone call for such meeting shall be given.

Section Four:  Quorum:  A quorum will consist of the Board of Directors, as defined in Article V, Section Two, or written proxy and at least ten (10) members or written proxies.

Section Five:  A quorum is mandatory to conduct any business of the Woodgate Neighborhood Association, except special committees.

ARTICLE V
Officers / Block Trustees

Section One:  The officers of Woodgate Neighborhood Association shall be elected from paid members of the association.

Section Two:  The Board of Directors of Woodgate Neighborhood Association shall be the president, vice president, secretary and treasurer and they shall constitute the Board of Directors.

Section Three:  The Board of Directors shall solicit a Block Trustee for each section of the neighborhood.  These sections are marked and noted on the Plat of Survey for Woodgate.  A Block Trustee will represent their section by attending all meetings of the Woodgate Neighborhood Association.

Section Four:  Duties of Officers / Block Trustees:
      1.      President:  The president shall have such duties and powers as are usually exercised by such an officer.  The president shall designate the time and place of meetings, appoint all special committees, designate the chair thereof and fill vacancies therein, with the advice and consent of the vice president, secretary and treasurer.  The president has the power to cast a vote only to break a tie.  The president is responsible for publication of the WNA newsletter and telephone directory.  The responsibility of each new president is to obtain and transfer, into his/her possession all WNA documents from preceding board members.  Lastly, the new president must transfer the address of record and notify the Secretary of State and City of Carrollton officials.  Presidential responsibilities may be delegated at the discretion of the president.
      2.      Vice President:  In the absence of the President, the Vice President shall have the powers and duties of the president.  The vice president shall coordinate the efforts of all standing committees and appoint the chair thereof and shall be responsible for recruiting block trustees and coordinating their efforts.
      3.      Secretary:  The secretary shall keep the minutes of the meetings of the members and the board of directors and any special Executive Committee meetings in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these bylaws; be custodian of the Association records and see that the execution of all documents by the Association are duly authorized in accordance with the provisions of these bylaws; keep a register of the post office address of each member which shall be furnished to the secretary treasurer, and in general, perform all duties as from time to time may be assigned by the president.
      4.      Treasurer:  The treasurer shall have the charge of all receipts and monies of the Association in a bank approved by the Board of Directors.  The treasurer shall keep regular accounts of all receipts and disbursements, and submit reports at regular meetings of the Association.  The treasurer, president, or vice president will sign all checks and withdrawal slips.  The treasurer shall also present, at the annual meetings, a report on the current year’s revenues and expenses and the projected budget for the upcoming year.  The projected budget shall include a recommendation for dues for that year.
      5.      Block Trustees:  The block trustees shall have the responsibility within their section to:
            ·         Attend all WNA meetings and represent their section
            ·         Greet all new residents and explain WNA
            ·         Distribute WNA information and newsletter          
            ·         Appoint substitute to attend SNA meetings in his/her absence
            ·         Vote written proxies of absent members
      6.      Board of Directors:  The board of directors, by means of simple majority vote, will appoint a replacement officer or trustee who cannot complete his/her term.  The board will also plan the agenda for each meeting.  The newly elected board members shall solicit volunteers for all standing committees.

Section Five:  Election and Term of Office
      1.      The officers and block trustees of WNA shall be elected annually by those members whose dues are paid.  The term of an officer/trustee shall be one (1) calendar year beginning January 1st.  Any elected officer/trustee may run for one (1) additional term (not to exceed two (2) consecutive years) if voted in.
      2.      The treasurer shall furnish a list of all members whose dues are paid as of the date of the annual meeting.  Such list will be used to determine eligible voters as well as those eligible to hold office.
      3.      The election of officers shall be by written ballot unless otherwise specified by the membership of Woodgate Neighborhood Association.
      4.      The officers shall be elected by majority vote, with a quorum present.

ARTICLE VI
Standing Committees

Section One:  The standing committees shall be:
      1.      Government:  Must attend all City Council meetings and any other city meetings as they arise.  A representative of this committee will report to members through the newsletter and / or meetings.
      2.      Crime Watch:  Coordinate with the Police Department the Crime Watch Program.  The Crime Watch captain shall coordinate, implement and suggest to the board ways to maintain and improve security and crime prevention throughout WNA and report to members through the newsletter and / or meetings.
      3.      Beautification and Maintenance:  Coordinate and maintain common area including planting seasonal bedding plants at the Clinton entrance as well as maintenance and operation of the sprinkler system.
      4.      Architectural:  Monitor compliance with Declaration of Covenants and Restrictions and WNA Bylaws as needed.  The Architectural Committee shall be empowered to approve or deny all plans for proposed improvements or alterations by any resident in Woodgate.  All plans for such improvements or alterations must be submitted duplicate and in writing prior to work beginning.  This committee is also responsible for monitoring enforcements of all areas of compliance as stated in the Declaration of Covenant and Restrictions such as:
                 Mailboxes
                 Nuisances
                 Fences
                 Roofs
                 Satellite Dishes / Antennas
                 Etc…

ARTICLE VII
Enforcement

Section One:  Procedures of Notifications are:
      1.      Send out via mail first written notification of violation, with explanation of required remedies.  Violators will have 30 days to comply.
      2.      Second written notice of violation via certified mail with copy of first notice.  Violators will have 20 days to comply.
      3.      Final written notice via certified mail of violation with reference to possible legal action.  Violators will have 15 days to comply. 
      4.      Send out certified written notice to violator that WNA is consulting legal counsel for remedy.  (Possible result may be lien being placed on said property.)

Additional information regarding enforcements can be found under section 18 of the Declaration of Covenants and Restrictions.
 
ARTICLE VIII
Books and Records

Section One:  The Association shall keep correct and complete books and records of the accounts and shall keep minutes of the proceedings of the meetings held by members and Board of Directors, and shall keep a record giving names and addresses of the members entitled to vote.  These books and records shall be maintained by the President or appropriate Board member.  All books and records of WNA may be inspected at any time by any member; current in their dues for any reasonable purpose.

ARTICLE IX
Amendments to Bylaws

Section One:
 These bylaws may be altered, amended or repealed and new bylaws may be adopted by a two-thirds vote of a quorum, as indicated in Article IV, Section 4 of the bylaws; present at the annual meeting or special / regular meetings with at least seven days written notice given of intention to alter, amend, repeal or adopt new bylaws at such meeting.  This does not apply to business conducted by any special committee as stated in Article IV, Section 5 of the bylaws.


Signed, Executed, Original Documents on File:
THIS IS A REPRODUCTION