The Emerald Sound Property Owners Association, Inc. is a 501C(4) nonprofit corporation to whom contributions are not deductible as a charitable contribution. It was chartered to serve the property owners of the Emerald Sound On Lake Lewisville Subdivision which was  formed by the filing of five (5) separate subdivision plats and three (3) sets of deed restrictions for the five (5) subdivisions in 1993. A set of deed restrictions was filed for Section Two, a set of deed restrictions was filed for Section Four and a set of deed restrictions was filed for Sections One, Three and Five. In 2008 the residents of Section Four, in accordance with the provisions of its deed restrictions and Texas law, chose to amend its deed restrictions and withdraw from participation in the association.

ARTICLE III

USE RESTRICTIONS

Section 3.01 Single Family Residential Construction.
No building shall be erected, altered, placed or permitted to remain on any Tract other than one dwelling unit per each Tract to be used for residential purposes. Detached garages, work shops, and barns may be constructed on the property at the same time as the main dwelling is being built, or any time thereafter, so long as they are of good construction, kept in good repair, and are not used for residential purposes. All dwellings, detached garages, work shops, and barns must be approved in writing by the Architectural Control Committee, and the City of Oak Point, prior to being erected, altered or placed on the property. The term "dwelling" does not include single or double wide manufactured homes, and said manufactured homes are not permitted within the Subdivision. All dwellings must have at least 2000 square feet of living area, excluding porches, and be built with new construction material. Any building, structure or improvement commenced on any tract shall be completed as to exterior finish and appearance within six (6) months from the commencement date. As used herein, the term "residential purposes" shall be construed to prohibit mobile homes or trailers being placed on said Tracts, or the use of said Tracts for duplex houses, condominiums, townhouses, or apartment Houses. All tracts shall be for residential purposes and all homes must be site constructed.

Section 3.02 Composite Building Site.
Any Owner of one or more adjoining Tracts (or portions thereof may, with the prior written approval of the Architectural Control Committee, and the City of Oak Point, consolidate such Tracts or portions into one building site, with the privilege of placing or constructing improvements on such resulting site, in which case the side set-back lines shall be measured from the resulting side property lines rather than from the Tract lines as indicated to the Plat.

Section 3.03 Location of the Improvements upon the Tract.
The minimum dimension of tracts and yards, and the minimum tract area per family shall be as follows:
(1) Tract area: the minimum tract area in this District shall be one acre;

(2) Front Yard: There shall be a front yard having a depth determined as follows:
(a) For tracts with areas of less than 5 acres - 50 feet.
(b) For tracts with areas in excess of 5 acres - 100 feet.

(3) Side Yard: The minimum distance from the side building line to the property line shall be as follows:
(a) For tracts with areas of less than 5 acres - 20 feet.
(b) For tracts with areas of 5 acres or more - 50 feet.

The sum of the side yard dimensions on any tract measured along the front building lines shall be not less than twenty-five percent of the total width of the tract at the building line.

(4) Rear Yard:
(a) For tracts with areas of less than 5 acres - 20 feet.
(b) For tracts with areas 5 acres or more - 50 feet.

(5) Width of Tract: The minimum width of tract shall be determined as follows:
(a) For tracts with areas of less than 5 acres - 130 feet.
(b) For tracts with areas of 5 acres or more - 240 feet.

The width of the tract shall be measured at the building line.

(6) Height Regulations:
The maximum height shall be two and one-half stories, but not to exceed thirty-feet per dwelling; provided that the dwelling or other building or portions of the building other than accessory buildings may be erected higher than thirty-five feet if the portion exceeding thirty-five feet set back from all required yard lines two feet for each one-foot in height above said thirty-five foot limit; provided, however, that no building shall have a height of more than fifty feet. Height limit for any accessory building shall be twenty-five feet. Provided, however, as to any Tract, the City of Oak Point may waive or alter any such setback line if, in the exercise of the City of Oak Point's sole discretion, such waiver, or alteration is necessary to permit effective utilization of a tract. Any such waiver or alteration must be in writing and recorded in the Deed of Records of Denton County, Texas. All dwellings must be equipped with septic tank or other sewage disposal system meeting all applicable laws, rules, standards and specifications, and all such dwellings must be served with water and electricity.

Section 3.04 Use of Temporary Structures.
No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any Tract at any time as a residence, either temporarily or permanently; provided, however, that Developer reserves the exclusive right to erect, place and maintain such facilities in or upon any property in the Subdivision that it owns as in its sole discretion may be necessary or convenient while selling Tracts, selling or constructing residences and constructing other improvements within the Subdivision. Developer reserves the right to sell the lot, that the temporary sales office is located on, and lease said office back from the purchaser of the lot.

Section 3.05 Walls and Fences.
Walls and fences, if any, must be approved prior to construction by the Architectural Control Committee, and the City of Oak Point, and shall be not closer to front street property lines than the Tract boundary line and no closer than the tract boundary line to side street lines, and must comply with the City of Oak Point ordinances. The ordinance prohibits the fencing of a vacant tract. On five acre Tracts, and larger, all front fencing must be white pipe and cable, and on tracts less than five acres, fences are not permitted in front of the face of the house. All roadside fencing must be white pipe and cable.

Section 3.06 Prohibition of Offensive Activities.
No Activity, whether for profit or not, shall be conducted on any tract which is not related to single family residential purposes unless said activity meets the following criteria:

(a) no additional exterior sign of activity is present,
(b) it is the type of action that usually happens in a home,
(c) no additional traffic, that would not be there normally, is created,
(d) the entity or activity maintains an office or place of business elsewhere, and
(e) nothing dangerous is present that shouldn't be there. This restriction is waived in regard to the customary sales activities required to sell homes in the Subdivision. The discharge or use of firearms is expressly prohibited. The Association shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance.

Section 3.07 Garbage and Trash Disposal.
Garbage and trash or other debris accumulated in this Subdivision shall not be permitted to be dumped at any place upon adjoining land where a nuisance to any residence of this Subdivision is or may be created. No tract shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be allowed to accumulate, shall be kept in sanitary containers and shall be disposed of regularly. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

Section 3.08 Junked Motor Vehicles Prohibited. No Tract shall be used as a depository for abandoned or junked motor vehicles. No junk of any kind or character, or dilapidated structure or building of any kind or character, shall be kept on any tract.

Section 3.09 Signs.
No signs, advertisement, billboards or advertising structure of any kind may be erected or maintained on any Tract without the consent in writing of tile Architectural Control Committee and Properties of the Southwest, except one (1) professionally made sign not more than twenty-four inches by twenty-four inches, advertising an Owner's Tract for sale or rent, and one (1) professionally made sign, not more than twelve inches (12") wide by twenty-four inches (24") long identifying the tract owner's name or names. No builder signs except Preferred Builders signs shall be allowed on any tract. Preferred Builders shall be allowed to place one professionally made sign not more than thirty-six inches (36) by thirty-six (36) inches during the construction period on any tract. All other signs are prohibited. Declarant or any member of such Committee shall have the right to remove any such sign, advertisement or billboard or structure which is placed on any Tract in violation of these restrictions, and in doing so, shall not be liable, and are hereby expressly relieved from, any liability for trespass or other tort in connection therewith, or arising from such removal.

Section 3.10 Animal Husbandry.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Tract, except that on Tracts of two (2) acres or larger one (1) horse; or one cow; or any combination thereof may be kept, as long as the maximum number of the above stated animals does not exceed one (1) per acre. On tracts less than two (2) acres, only horses may be kept, as long as the maximum number per acre does not exceed one (1). All animals must be kept in a manner as not to become a nuisance or threat to other owners. No pigs or hogs will be permitted under any circumstances or programs. All horses, cows and 4-H animals being raised by individual tract owners must be kept in a fenced area on the owners tract. Dogs, cats, or other common household pets may be kept on a tract. Dogs must be kept in a kennel, dog run, or fenced in area that confines said dog(s) to that area. Dogs will not be permitted to run loose in the subdivision and must be vaccinated for rabies according to State law once a year and registered with the City of Oak Point once a year.

Section 3.11 Mineral Development.
No commercial oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any Tract. No derrick or other structures designed for the use of boring for oil or natural gas shall be erected, maintained or permitted upon any Tract.

Section 3.12 Drainage.
Natural established drainage patterns of streets, tracts or roadway ditches will not be impaired by any person or persons. Driveway culverts must be installed and will be of sufficient size to afford proper drainage of ditches without backing water up into ditch or diverting flow. Drainage culvert installation is subject to the inspection and approval of the City of Oak Point. Concrete driveways must be approved by the City of Oak Point prior to installation.

In the event of the failure of Owner to comply with the above requirements after ten (10) days written notice thereof, the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Tract in trespass or otherwise, enter upon (and/or authorize one or more others to enter upon) said Tract, cause to be removed, such garbage, trash and rubbish or do any other thing necessary to secure compliance with this Declaration. Payment for the charges shall be payable on the first day of the next calendar month..