Common Property
ARTICLE II
COMMON PROPERTY
2.01 Conveyance of Common Property.
(a) The Declarant may from time to time convey to the Association or grant easements to the Association, at no expense to the Association and in accordance with this Section, real and personal property for the common use and enjoyment of the Owners (such real and personal property is hereinafter collectively referred to as "Common Property") and, to the extent set forth in this Declaration, the general public. The Association hereby covenants and agrees to accept from the Declarant all such conveyances of Common Property.
(b) It is contemplated by the Declarant that the Declarant will convey to the Association Common Property for access, ingress, and egress of both vehicular traffic and pedestrians, as well as for landscaping and security purposes. The Declarant may, at Dec1arant’s sole discretion, modify, alter, increase, reduce, and otherwise change the Common Property (or the use to be made thereof) contemplated to be conveyed to the Association in accordance with this subsection (b) of this Section 2.01 at any time prior to conveyance of such Common Property to the Association.
(c) In addition to the property described in subsection (b) of this Section 2.01, the Declarant may convey to the Association in accordance with this Section 2.01 such other real and personal property as the Declarant may determine to be necessary or proper for the completion of the Subdivision.
(d) Notwithstanding any legal presumption to the contrary, the fee title to, and all rights in any portion ofthe Property owned by the Declarant and designated as Common Property or designated for public use shall be reserved to the Declarant until such time as the same shall be conveyed to the Association or to any municipality or other govermnental body, agency, or authority.
2.02 Right of Enjoyment. Every Owner shall have a right and easement to use the Common Property, which right shall be appurtenant to and shall pass with the title to every Lot upon transfer; provided, however, that no Owner shall do any act which interferes with the free use and enjoyment of me Common Property by all other Owners. The Association may permit persons who are not Owners to use part or all of the Common Property subject to such limitations, and upon such terms and conditions, as it may from time to time establish. The right and easement of enjoyment granted or permitted by this Section 2.02 is subject to suspension by the Association as provided in Sections 2.03(e) and 3.06.
2.03 Rights of The Association. The rights and privileges conferred in Section 2.02 hereof shall be subject to the right, and where applicable, the obligation, of the Association acting through the Board to:
(a) promulgate rules and regulations relating to the use, operation, and maintenance of the Common Property;
(b) borrow money for the purpose of carrying out the activities of the Association, including the acquisition, construction, improvement, equipping, and maintenance of Common Property, and in aid thereof to encumber by deed of trust, mortgage, or other security interest any or all of the Association’s property including Common Property and revenues from assessments, user fees, and other sources; and provided, however, that, during the period when the Declarant has the right to appoint members of the Board, the Association shall not grant or convey to anyone any mortgage, deed of trust, or other security interest on or in Common Property constituting real estate without approval by Declarant and a two-thirds (2/3) vote ofthe Members who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the Bylaws of the Association;
(c) grant easements or rights of way over Common Property to any municipality or other governmental body, agency, or authority; to any quasi-public agency; or to any utility company or cable television system;
(d) dedicate or transfer all or any part ofthe Common Property or interests therein to any municipality or other governmental body, agency or authority for such purposes and subject to such provisions and conditions as may be agreed upon by the Association and such grantee, including a provision that such property or or interest shall, if such dedication or transfer is approved by a two-thirds (2/3) vote of the Members who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the Bylaws of the Association, cease to be subject to this Declaration or all or any part of the Restrictions while held by any such municipality or other governmental body, agency, or authority;
(e) suspend, pursuant to Section 3.06, the voting rights of any Member and the· right of enjoyment granted or permitted by Section 2.02;
(f) sell, lease, or otherwise convey all or any part of its properties and interests therein;
(g) enforce all applicable provisions of valid agreements of the Association relating to the Common Property or any part thereof,
(h) maintain any and all landscaping treatments previously installed by the Declarant, to the extent that such landscaping is not otherwise maintained by the appropriate county and/or municipal entity having jurisdiction over the roads for Tarrant County, Texas;
(i) contract on behalf of all Lots for garbage and rubbish pickup and to charge the Owner of each Lot for his prorata share of the cost thereof, such prorata share to be determined by dividing the number of Lots being served into the total cost of providing such garbage and rubbish pickup. If the Association so elects, the charge to each Owner for garbage and rubbish pickup shall be in addition to the assessments described herein; and
(j) contract on behalfof all Lots for security and/or emergency medical ambulance services, and to charge the Owner of each Lot for his prorata share of the cost thereof, such prorata share to be determined by dividing the number of Lots being served into the total cost of providing such security and/or emergency medical ambulance service. If the Association so elects, the charge to each Owner for security and/or emergency medical ambulance service shall be in addition to the assessments described herein.
2.04 Conveyance of Common Property by Declarant to Association. The Declarant may transfer or convey to the Association any personal property and any improved or unimproved property, leasehold, easement, or other property interest which is or may be subjected to the terms of this Declaration. Such conveyance shall be accepted by the Association, and the property shall thereafter be Common Property to be maintained by the Association for the beneiit of all of its Members.
2.05 Types of Common Property. At the time of the conveyance of any real property or grant of easement by the Declarant to the Association to be used as Common Property, the Declarant shall designate in the deed of conveyance or easement that such real property is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which such real property or any portion thereof may be used. Such real property or portion thereof shall not be used for any different purpose or purposes without the prior written consent of the Declarant.
2.06 Delegation of Use. Any Owner may delegate to the members of his family or his tenants who reside on a Lot, in accordance with the Bylaws, his right to use and enjoy the Common Property.
2.07 Maintenance and Other Common Expenses. The Association shall maintain and keep in good repair the Common Property including, without limitation, all landscaping and improvements situated on the Common Property. In addition to the maintenance of the Common Property, the Association shall have the obligation to maintain, repair, and replace, subject to any insurance then in effect, all private drives (as identified by recorded plat or otherwise) and not reserved for the exclusive use of each individual Owner, including, without limitation, all grass, trees, shrubbery or other plantings, sidewalks, fences, walls, street lights, benches, trash receptacles, sprinkler systems, informational and directional street signage installed by Declarant, security gates, and any other landscaping or improvements located along or within such private drives, and any other property Declarant designates as a maintenance obligation of the Association by an amendment to this Declaration. In addition, the Association shall maintain, repair, and replace, to the extent permittet by the applicable govemmental authority, subject to any insurance then in effect, all grass, trees, shrubbery or other plantings, sidewalks, fences, walls, street lights, benches, trash receptacles, sprinkler systems, information and directional signage installed by Declarant, security gates, and any other landscaping or improvements located along or in dedicated rights of way and which were installed by Declarant. The foregoing maintenance shall be performed in a manner consistent with the Subdivision—Wide Standard. Further, the Association shall bear the responsibility for all utility charges incurred because of street lights, security gates, and sprinkler systems that are installed on or about the Common Property, and shall pay all insurance premiums attributable to or connected with any portion of the Common Property. The Association shall also have the right, but not the obligation, to maintain and provide services for other property not owned by the Association, whether located within or without the boundaries of the Subdivision, and to enter into easements and covenants to share cost agreements regarding such property where the Board has determined that this would benefit Owners.
2.08 Inspection by City of Benbrook. The Association shall be responsible for contacting the City of Benbrook Inspection Department every two (2) years, or as needed, from time of construction to schedule an inspection, to include city staff and/or their designee of Common Property.
2.09 Maintenance by City of Benbrook. The City of Benbrook may assume the duty of performing all maintenance obligations of the Association should the Association dissolve or fail or refuse to perform its maintenance obligations. The City of Benbrook may use the outstanding balance in the Street and Common Area Maintenance Reserve Fund, as defined below, to make the Subdivision streets, roadways, and their improvements (including street lights and road signs) suitable for public use. In the event the outstanding balance in the Street and Common Area Maintenance Reserve Fund is insuffticient to cover this cost, the City of Benbrook may levy an assessment upon each lot for the cost of performing the maintenance obligations.
2.10 Indemnification of City. The Association will indemnify, hold harmless, and defend the City of Benbrook, its officers, agents, and employees from any and all claims, lawsuits, judgments costs, or causes of action of any nature whatsoever, whether real or asserted, brought for or on account of any injuries or damages to persons or property, including death, resulting from or in any way connected with the construction, maintenance, or operation of the Common Property.