ORD 2002-02 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 — 02 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
AND RATIFYING ORDINANCE NO. 98-21 P&Z OF THE TOWN, THE SANTE
BEING PD PLANNED DEVELOPMENT #18 WHICH AMENDED THE THEN
CURRENT COMPREHENSIVE ZONING ORDINANCE NO. 97-10 P&Z OF THE
TOWN; ADDING PROVISIONS TO INCORPORATE THE ENTRY PLAN, THE
SIGN PLAN, AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY
PROVIDED FOR IN PD PLANNED DEVELOPMENT #18, GENERALLY KNOWN
AS FOX POINTE; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN
TO REFLECT THE INCORPORATION OF THE ENTRY PLAN, THE SIGN
PLAN AND THE DEVELOPMENT SCHEDULE AS ORIGINALLY PROVIDED
FOR IN EXHIBITS "E", "F" AND "G" OF PD PLANNED DEVELOPMENT #18;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas, is a Type A General Law Municipality
located in Denton County, Texas and created and operating in accordance with the provisions of
the Texas Local Government Code and operating pursuant to the enabling legislation of the State
of Texas;
WHEREAS, the owner of a tract of land (the "Land") described as An 11.990 acre tract
of land generally known as Fox Pointe and more specifically described in Exhibit "A", attached
hereto and incorporated herein, filed an application with the Town Planning and Zoning
Commission requesting a change in zoning of the Land and an amendment to the official Zoning
Map of the Town in accordance with Ordinance 97-10 P&Z of the Town, which was the then
applicable Comprehensive Zoning Ordinance of the Town;
WHEREAS, all legal notices, requirements irements and conditions having been complied with,
the case to rezone the Land came before the Planning and Zoning Commission and Town
Council;
WHEREAS, after public notices were given in compliance with State Taw and public
hearings were conducted, and after considering the information submitted at the public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the
Town recommended to the Town Council the adoption of the amendments to the Comprehensive
Zoning Ordinance as set forth in Ordinance 98--21 P&Z;
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the information and other materials received at the public
hearing, the Town Council concluded that the adoption of Ordinance 98-21 P&Z was in the best
interest of the Town of Trophy Club, Texas, and of the public health, safety and welfare, and
adopted such Ordinance on the 213 day of July, 1998;
WHEREAS, since the adoption of Ordinance 98-21 P&Z, an inadvertent clerical error
was discovered whereby the Entry Plan, Sign PIan and the Development Schedule, referred to
respectively as Exhibits "E", "F", and "G" to the Developer's Planned Development submittal,
were not properly referenced in enacting Ordinance 98-21 P&Z; and
WHEREAS, having discovered such error and after due deliberation and consideration
by the Planning and Zoning Commission and the Town Council of the Town of Trophy Club,
Texas, at properly posted public hearings, the Town Council now deems it necessary to adopt
this Ordinance amending Ordinance No. 98-21 P&Z by correcting all clerical errors and ratifying
all other provisions of Ordinance 98-21 P&Z, and concludes that such adoption is in the best
interest of the Town and of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDING
Ordinance No. 98-21 P&Z of the Town of Trophy Club, Texas, the same being the
Town's PD Planned Development #18, is hereby amended to properly reference the Entry Plan,
Sign Plan and Development Schedule, referred to respectively as Exhibits "E", "F", and "G", as
originally provided for in the Developer's Planned Development submittal, in the following
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and terms of
Ordinance No. 98-21 P&Z, or any other amending ordinances thereof, are hereby ratified and
affirmed. Ordinance No. 98-21 P&Z shall be amended to include the following, so that it shall
read now as it should have read then;
Engy Plan. The entry plan is attached as Exhibit "E" and is incorporated herein as if
copied in its entirety. The development of the land shall be in compliance with the terms
of the entry plan approved during the final platting process.
Sian Plan. The sign plan is attached as Exhibit "F" and is incorporated herein as if
copied in its entirety. The development of the Land and the erection of any entry sign
shall be in compliance with such sign plan.
Development Schedule. The development schedule for the development of the Land is
attached as Exhibit "F" and is incorporated herein as if copied in its entirety. Such
schedule is contingent upon Town approvals of zoning, platting and construction
permitting.
SECTION 3.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning District Map of the Town to reflect all corrections made herein.
SECTION 4.
CUMULATIVE
That this Ordinance shall be cumulative of all other Ordinances affecting the regulation
of land and zoning and shall not repeal any of the provisions of such Ordinances except for those
instances where there are direct conflicts with the provisions of this Ordinance.
SECTION S.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the platting and subdivision of land which have secured at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending Iitigation, both civil
and criminal, whether pending in court or not, under such Ordinances same shall not be affected
by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation Occurs or continues.
SECTION S.
PUBLICATION
The Town Secretary of the Town of Trophy CIub is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council e Town of Trophy Club, Texas,
this 7th day of January, 2002. ----7
OpIrl
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6
ATTEST:
Town Secretary t
Town of Trophy Club, Texas
EFFECTIVE: Janu 16 2002
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
of Trophy Club, Texas
[SEAL]
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
TOWN OF TROPHY CLUB AS HERETOFORE AMENDED, SO AS TO PROVIDE
FOR "PD PLANNED DEVELOPMENT DISTRICT 18 FOR SINGLE FAMILY
RESIDENTIAL USES" ON A TRACT OF LAND MORE SPECIFICALLY DESCRIBED
HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PROVIDING FOR A
PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00} FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, a change in the classification of a zoning district has been requested by
M&M Development, Inc. for the property more specifically described in Exhibit A attached
hereto; and
WHEREAS, the Planning and Zoning Commission of the Town of Trophy Club and the
governing body of the Town of Trophy Club, in compliance with the laws of the State of
Texas and the ordinances of the Town of Trophy Club, have given the requisite notices by
publication and otherwise, and have held public hearings and afforded a full and fair hearing
to all property owners generally and to all persons interested in and situated in the affected
area and in the vicinity thereof, the governing body in the exercise of its legislative discretion
has concluded that the Comprehensive Zoning Ordinance of the Town of Trophy Club should
be amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Comprehensive Zoning Ordinance of the Town of Trophy Club,
Texas as heretofore amended, be and the same is hereby amended by providing a change in
zoning from "R15 Single Family Residential District Classification" to "PD Planned
Development District 18 for Single Family Residential Uses" on an 11 .589 acre tract of land
more particularly described on Exhibit A attached hereto.
Section 2. That the property described in Exhibit A shall be used only in the manner
and for the purposes provided for in the Comprehensive Zoning Ordinance of the Town of
Trophy Club as heretofore amended, and in complaince with the Overall Development Plan
attached hereto as Exhibit B, and the Development Standards attached hereto as Exhibit C,
provided that a detailed Site Plan shall be submitted for approval prior to the approval of any
preliminary plat on the subject property.
Section 3. That the Declaration of Covenants and Restrictions for the Fox Pointe
Subdivision are hereby approved and attached hereto and labeled as Exhibit D.
ORDINANCE - Page I
DOC #; 618899
Section 4. That the official zoning map of the Town be corrected to reflect the
changes in zoning described herein.
Section 5. Any person, firm or corporation violating any of the provisions of this
ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense and each and everyday such offense shall continue shall
be deemed to constitute a separate offense.
Section 6. If any section or provision of this ordinance or the application of that
section or provision to any person, firm, corporation, situation or circumstance is for any
reason judged invalid, the adjudication shall not affect any other section or provision of this
ordinance or the application of any other section or provision to any other person, firm,
corporation, situation or circumstance, nor shall adjudication affect any other section or
provision of the Comprehensive Zoning Ordinance of the Town of Trophy Club, Texas, and the
Town Council declares that it would have adopted the valid portions and applications of the
ordinance without the invalid parts and to this end the provisions of this ordinance shall remain
in full force and effect.
Section 7. That all ordinances of the Town of Trophy Club in conflict with the
provisions of this ordinance be and the same are hereby repealed to the extent of that conflict.
Section 8. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption of said ordinance as the law in such case provides.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, this 21 stday of 1998.
ATTEST:
- �1 �1A
Town Secretary
Town of Trophy Club, Texas
[SEAL)
APPROVED AS TO FORM:
Ce�
Town Attorney
Town of Trophy Club, Texas
ORDINANCE - Page 2
DOC th 619899
Mayor Pro `fern
Town of Trophy Club, Texas
T{0NVIN OF
TROPHY CLUB
APPLICATION FOR ZONING CHANGE
CASE NO. � - pp/ - 9.8
PR0, PO5EQ AI�IICN��IIEN�'
PRESEINT ZDNKlrc_ p 1!5
REQUESTED ZONING PD
LEGAL DES,CRIPTTON OF PROPERTY
PRESEINTUSE A -riculture
.INTENDED USE Sinqle Family
PLATTED PROPERTY - LOT SECTION
UNPLATTED PROPERTY- SURVEY NAME M. Mectl.in A- 832
ACRES 11.598
"NO'T'E - IF PROPERTY IS NOT PLATTED, AT'T'ACH METES AND BOUNDS DESCRIPTION.
MYNERSHIP/AP1PL c2ckD� INF,C)RlvUTIDN
NAME OF 04V-NER/APPLICANT Dcnna Lei sic
PHONE 817-430-1913
SIGNATU*E J i'N'T PPLICA
JOHN HARBI , RESPRESENTATIVE FOR OWNER
...... . ... .. saes . . . .. . .. .... • • . . .. .... .. ... .... .. . ...... ........ ... . .... • .. • ... 4 . • ... .. • • . 4
SUBMISSION O APPLICATION FEES f
EVENTS
Preliminary .Hearing - P&Z
Public Hearing - P&,7— anal Council
Effecfivc D.(c of Ordinance
Rceorclecl on Zoning m.p
SITE PLAN REVIESV FEE..
RECEIPT NO. /a /'BO (o DATE_G 3 196
.DATE ACTION RE [ARKS
7 -�-I�r _
4� 4 �rou ........................................
AI $400.00 PER SITE PLAN PLUS $10.00 PER ACRE R-HENTHERE ARE LESS 'TA 3 ACRES; OR
B) $;100.00 PER SITE PLAN PLUS $20.00 PER ACRE WHEN THERE ARE 3 ACRES OR MORE,
SINGLE FAMILY RESIDENTIAL
PLANNED DEVELOPMENT
ZONING ORDINANCE
FOR
THE 11,99 ACRE TRACT
KNOWN AS
FOX POINTE
TROPHY CLUB, APPRQVE D
J U L 2 11998
DENTON COUNTY BY:
TEXAS RFCED
JUL 141998
B" l+ ��
Presented To The
TOWN OF TROPHY CLUB
TROPHY CLUB, TX
JULY 1998
I
TABLE OF CONTENTS
LOCATION MAP
APPLICATION
SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ZONING ORDINANCE
I. EXHIBIT A: LEGAL DESCRIPTION
II. EXIIIBIT 13: PD DEVELOPMENT PLAN
III. EXHIBIT C: DEVELOPMENT STANDARDS AND SINGLE FAMILY
HOUSING REGULATIONS
A. GENERAL PURPOSE
B. USES GENERALLY
C. BUILDING PERMIT REQUIREMENTS
D. HEIGHT REGULATIONS
E. AREA REGULATIONS
F. GARAGES
G. CONSTRUCTION REGULATIONS
H. DRIVEWAYS AND WALKWAYS
I. FENCES / WALLS / RETAINING WALLS
J. LANDSCAPE
K. UTILITIES
L. TRASH RECEPTACLES AND COLLECTION
M. TEMPORARY STRUCTURES AND VEHICLES
N. SIGNS
O. EXTERIOR LIGHTING
P. MAILBOX AND ADDRESS PLAQUE
Q. OPEN SPACE EASEMENT
R. SPEED LIMIT
S. NON SPECIFIED REGULATIONS
IV. EXHIBIT D: DRAFT OF PROPOSED COVENANTS, CONDITIONS AND
RESTRICTIONS
V. EXHIBIT E: ENTRY PLAN
VI. EXHIBIT F: SIGN PLAN
VII. EXHIBIT G: DEVELOPMENT SCHEDULE
2
Legal Description
ncing a 11,990 acre Lr'acl of land situated in [he M. MEDLIN SURVEY, ABSTRACT NO. 1332, and
bc€19 all [[tat certain Iract of land conveyed to Donna Lelpsic according to the County Cleric File
No. 96-1710052253, Real Properly Records, Denton County, Texas, a tract of land conveyed of Beck
Properties Trophy, L.P., rccorded in County Clark File No. 93—RO087516, Real Properly Records,
Denton County, and oil of I_ot 1674, i7lock 1, Tropily Club, Section 13, an addition to the Town of
Trophy Club according to the plot recorded in Cabinet 13, Slide 116, Plat Records, Denton Counly,
Texas, said I1-990 acre Iracl
(allows; of faltd being More particularly described by males and bounds as
0EGI1+ ING at 5/13 Inch Iran pin found at lite intersection of the east right—of—way line of Sl(yflne
Drive (a 50' public right—af—way) and 110 north line of said Trophy Club, Section 13, sold 5/8 Inch
Iron pin also being the southwosL corner of Open Space A, Block 1, Eagles Ridge
addition to tho Town of Trophy Club according to illSk Phase 1, an
Records, Donlon County, Texas; plat recorded in Cabinet KI, Slide 150, Plot
THENCE N73'30'43"E, leaving said cast rlgfhl—of—way line of Skyline Drive and alang the soulih line
Of Open Space A. a dislanca of 1.00 fact to a 5/8 inch iron pin found for corner;
TIICNCE N00'00'37"E, `fang an cast line of sold Eagles Ridge, Phose 1 and the wesL line of said
1_eipslc tract of land, a distance of 586.00 feet to ❑ 5/8 inch iron pin found for corner;
'111ENCE 1`130'03'30"F_ corgi€1111;119 ('long sold coal 13110 of Eagles Ridge, Pliaso i and lila wast Ib10 of
❑arid I.eipsle true[ of lan,l, a dralunc0 of 2134,52 feet to a 5/13 hrcii Iron rod found for corner-,
IIIENCE 507'59'15"E, along cr south lino of sold Eagles Ridge, Pltoso 1 and [lie north Una of sold
Lelpslc tract of land, passing al 112.78 feet a 5/6 Inch Iron pill found for the most easterly
southeast corner of sulJ Euyles Ridge, Phage I and a southerly corner of a tract of land conveyed
of Oeck Propanes Trophy Club, L.P.
distaance ❑f 4El7,80' according to the County Clerk File No, 93-110087516, o total
di[alit [n a 5/8 €nch !roil pin sat in the wast right—of—way lino of T.W. Icing
Raul (a varlubfa w€dlh riyli[—a(—way) lar the nortllcast corner of said Lelpsic tract of land;
1tlC"CE SOQ'li'iG'E, (front? said vrcut right—of—way line of T.W. icing Road and the easL line of said
Lcipsic tract of land, o: dlslunce of 819.64 feel to a 5/8 Inch Iron pin set for the most easterly
southeast corner of said Leips€c (roc[ of land;
THENCE 1`189'35'17"W, along Lhe south line of sold Lelpsic tract of land and [fie north line of Lots
166:3 through 1665, 9locic 1, or the aforementioned Trophy Club, Section 13, a distance of 374.83
foal to a 5/13 Inch !roil rod found for corner and being 1110 northwest cornur of said Lot 1655;
IIIENCE S07%l4',l5"E, 010119 the west line of sold Lot 1665, and the has[ Ilse of the aforementioned
l_ai iG74, 0 dislanco of 25.87 foot to a 5/6 Incl) Iran pin found for tra southeast corner of ❑aiJ
Lal 1671 ailJ Lhe narUleasl corner of Lot 1673, Block 1, Eagles Ridge, Phase 1;
iHFVICE 55901'22"W, along a common fine between said Lots 1673 and 1674, a distance of 184.74
feet to a 5/8 inch !,oil pin round In (lie east right—of—way line of sold Skyline Drive for the
northwest carnor of said Lot 1673 and the southwest corner of said Lot 1674, sold 5/8 inch Iran
pin being oil a curve to [Ile left having a radius of 605.00 and whose long chord bears
1436'02'25"W, a cilslance of 106:79 feel;
ItILHk., uiuntj ora aunt right—ul—wuy Ilne 01 blcyclrhe [[rive lric 10110waig courses and dletancceut
Along sold curve to 1110 Zell through a control angle of 10'07'36"
an arc Icngfft of 10G.93 feel to a 5/8 Incl? Iron pin found for Lite
Poll of compound curvature of a curve to the left having a radius
of 137.13 fool 011d wllaso 1011g chard boars N47'30'42'W, a distance
Of 30,61 IecL;
Thence along sold curve to the Jolt through a central onglc of
12'49'00", an arc length of 30.68 feel to a 5/8 Inch Lon pin
found at like end of said curve;
Thence 1`15:5'5 5'12", a d€stance of 4.07 feet 10 a 5/8 Inch Iron pin
found at the beg€nrr€ng of a curve to Lhe left having ❑ radius of
150.00 foal and whose long chord bears
of 19.99 feel; N5Q'OG'00 W, a distance
111e11ce along said ctlrvo to the loft through a central angle of
07'38'30", an arc tang?;? of 20.01 feel to tic i'OINT OF BEGINNING
and contoining 522,269 square feet or 11.990 acres of land,
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DEVELOPMENT STANDARDS
SINGLE FAMILY REGULATIONS
A. GENERAL PURPOSE: The purpose of this PD Ordinance is to allow single family
detached dwellings on lots ranging in size from ten thousand (10,000) square feet to
twelve thousand plus (12,000+) square feet together with allowed incidental and accessory
uses, in order to provide a viable and compatible neighborhood for the Town of Trophy
Club.
Fox Pointe is a residential neighborhood adjacent to Section 13 and Eagle's Ridge
subdivisions. It is a transition zone from 10,000 square feet lots to 12,000 square feet
lots.
The site slopes to the north, west and south from a high point on the east property line.
The land plan allows for the excellent views of the Lake Grapevine area to be preserved.
The purpose for the PD Ordinance Guidelines is to establish a framework for
development, which provides for the protection of the existing site characteristics.
Enforcement of the design guidelines will insure the protection of the design intent and
will optimize the preservation of the site.
B. USES: In "Fox Pointe" no Iand shall be used and no building shall be installed, erected for
or converted to any use other than as hereinafter provided.
1. Permitted Uses: The following uses shall be permitted as principle uses:
(a) Single Family Detached Dwellings.
(b) Public Roadways constructed to Town standards.
(c) Public and Private Utilities.
2. Accessory Uses: Accessory uses shall be permitted in accordance with the
regulations provided in the Accessory Uses section of the current Comprehensive
Zoning Ordinance as may be amended there of
3. Limitation of Uses:
(1) All applicable ordinances of the Town of Trophy CIub shall govern any
uses allowed unless otherwise expressed herein.
(b) Any use not expressly permitted, or allowed by permit, or as provided by
this district, is prohibited.
C. BUILDING PERMIT REQUIREMENTS: No application for a building permit for the
construction of any structure shall be approved unless a plat, meeting all requirements of the
Town of Trophy Club has, _--n approved by the Town Council and . ,orded in the official
records of Denton County, Texas.
D. HEIGHT REGULATIONS: Except as provided by the Height Regulations section in
the current Comprehensive Zoning Ordinance, no building shall exceed thirty-five (35) feet or two
and half (2 1/2) stories in height.
E. AREA REGULATIONS: The following minimum standards shall be measured from
property lines:
1. Lot Size: Lots for any permitted single family use shall have a minimum area of
ten thousand (10,000) square feet.
2. Minimuni Open Space: All areas not devoted to buildings, paving or swimming
pool shall be devoted to turf or landscaping.
3. Maximum Building Coverage: The combined first floor area covered by all
principal and accessary buildings or structures shall not exceed forty-five (45)
percent of the total lot area. Swimming pools and spas are not included in
determining maximum building coverage.
4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be two thousand two hundred fifty
(2,250) square feet.
5. Depth of Front Yard: Twenty (20) foot minimum.
G. Depth of Rear Yard: Twenty-five (25) foot minimum.
7. Width of Side Yard: Five (5) foot minimum on the each side.
S. Width of Side Yard Adjacent To Side Street: Fifteen (15) foot minimum.
9. Width of Lot: Seventy-five (75) foot minimum.
10. Depth of Lot: One hundred and five (105) foot minimum.
F. GARAGES:
1. A detached garage, used to meet the minimum off street parking requirement, shall
be permitted as an accessory use in a residential district. Said garage shall have a
minimum interior dimension of twenty-one (21) feet side to side by twenty-two
(22) feet front to back. Said garage shall also be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
2. A detached garage, which is provided in addition to the required two (2) car
garage, shall be permitted as an accessory use in a residential district.
3. Any detached garage facing the street shall setback at least forty-five (45) feet
from the front property line of a residential lot.
4. An attached garage structure, which is provided in addition to the required two (2)
car garage may face any street only if the garage sits back at least forty-five (45)
feet from the front property line of a residential lot.
5. Any garage structure, provided in addition to the required two (2) car garage, shall
have a minimum interior dimension of I0 1/2' x 22' per vehicle space.
G. CONSTRUCTION REGULATIONS:
(a) The exterior surface of all residential dwellings shall be constructed of glass,
stucco (or similar applications approved by the Town of Trophy CIub), stone,
brick or other masonry materials. It is specifically required that the exterior wall
area of each residence located within Fox Pointe will have not less than eighty (80)
percent masonry coverage.
Three hundred (300) pound or thirty (30) year warranty, Timberline or equal
composition roofing is the minimum standard of quality for roofing material to be
used in the Subdivision.
(b) Each residential structure shall have installed on the outside wall thereof a service
riser conduit. No such conduit shall be visible from public streets, or Common
Properties.
(c) No above ground -level swimming pools shall be installed on any Lot.
(d) Time of Completion. The following shall be completed not later than one (1)
year following the commencement of construction. For the purposes hereof, the
term "commencement of construction" shall be deemed to mean the date on which
the building permit is issued by the Town of Trophy Club. All exterior
construction of the primary residential structure, garage, porches, and any other
appurtenances or appendages of every kind and character on any Lot including
landscaping and irrigation and all interior construction (including, but not limited
to, all electrical outlets in place and operational, all plumbing fixtures installed and
operational, all cabinet work, all interior walls, ceilings, and doors shall be covered
by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet,
tile or other similar floor covering).
(e) No projections of any type visible from the street shall be placed or permitted to
remain above the roof of any residential building with the exception of chimneys
and vent stacks.
H. DRIVEWAYS AND WALKWAYS: All driveways and walkways shall be constructed
of exposed aggregate or stamped and colored concrete.
I. FENCES / WALLS / RETAINING WALLS: Retaining walls shall be restricted to
structurally engineered and designed walls constructed or veneered with masonry to match
the residence.
(a) Front Yard Fencing. Fencing will be allowed to extend from the front building
line of a dwelling to the side property lines. All fencing shall be masonry, identical
to the type of construction used on the residence located on such Lot or
ornamental iron. All gates shall be ornamental iron.
(b) Side Yard Fencing. Fencing between Lots may be of masonry, ornamental iron,
cedar or redwood. Providing that no wood fence is allowed from the rear of the
residence toward the street.
(c) Side or Rear Yard Fencing Visible from the Street. Fencing shall be
constructed as noted in Subparagraph -M.
(d) Perimeter Fence. ShaII be installed by the Developer before Town acceptance.
Construction shall be 2 x 2 brick columns S' high spaced 40' on center with 8'
high cedar panels between the columns. Support post for the cedar panels shall be
2" galvanized steel, 12' in length set in concrete.
J. LANDSCAPING:
Landscaping and Sprinlder System. Each Lot on which a residential dwelling is
constructed shall have and contain an underground water sprinkler system for the purpose
of providing sufficient water to all front yards, side and rear yards. Each Lot shall be
planted with a least twelve (12) caliper inches of trees; provided, however, any tree used
to satisfy this requirement shall contain at least three and one half (3 1/2) caliper inches.
Preservations of existing trees is encouraged and credit may be given toward the planting
requirements for trees preserved in a healthy condition.
K. UTILITIES: All utilities shall be underground. Electric transformers shall be pad
mounted and located at rear of Lots. Any above ground utility structure visible to public
view or the golf course shall be permanently screened at the time of installation by the
developer. A living screen alone is not acceptable to satisfy this requirement.
L. TRASH RECEPTACLES AND COLLECTION: Each Lot Owner shall make or cause
to be made appropriate arrangements with the Town of Trophy Club, Texas, for collection
and removal of garbage and trash on a regular basis. Each and every Owner shall observe
and comply with any and all regulations or requirements promulgated by the Town of
Trophy CIub, Texas, in connection with the storage and removal of trash and garbage. All
Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall
be used or maintained as a dumping ground for garbage, trash, junk or other waste matter.
All trash, garbage, or waste matter shall be kept in adequate containers approved by the
Town of Trophy Club, Texas, and which shall be maintained in a clean and sanitary
condition. An Owner may place trash on the street curb abutting his Lot only on those
days designated by the Town of Trophy Club, Texas, as trash collection days. No garbage,
trash, debris, or other waste matter of any kind shall be burned on any Lot.
M. TEMPORARY STRUCTURES AND VEHICLES: No temporary structure of any
kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated
home, tent, shack, barn or any other structure or building, other than the residence to be
built thereon, shall be placed on any Lot, either temporarily or permanently, and no
residence, house, garage or other structure appurtenant thereto shall be moved upon any
Lot from another location, except for a sale, pre -sale or construction trailer; provided,
6
however, that Devetur,er reserves the exclusive right to erect, pace and maintain, such
facilities in and upon the Property as in its sole discretion may be necessary or convenient
during the period of and in connection with the sale of Lots, construction and selling of
residences and constructing other improvements on the Properties in compliance with the
regulations of the Town of Trophy Club. Such facilities may include, but not necessarily
be limited to, a temporary office during the period of and in connection with the
construction and sales operations on the Properties, but in no event shall the Developer
have such right for a period in excess of that permitted by the Town of Trophy Club. Any
truck, bus, boat, boat trailer, mobile home, campmobile, camper or any vehicle other than
conventional automobile shall, if brought within the Properties, be stored, placed, or
parked within the garage of the appropriate Owner.
N. SIGNS: Neighborhood identification signs are allowed in locations as shown on Exhibit
B: PD Site Plan. Developer may erect and maintain a sign or signs for the construction,
development, operation, promotion and sale of the Lots. Holiday or patriotic flags may be
displayed by Developer and Owners. All signs shall be in accordance with the current
ordinances and laws of the Town of Trophy CIub.
O. EXTERIOR LIGHTING: Pole Lamps shall be a maximum of fifteen (15) feet in height.
Pole Iighting shall be oriented down and away from all adjacent properties. Pole lamps
should be of the quality of an American Style fixture as manufactured by Antique Street
Lamps.
P. MAILBOX AND ADDRESS PLAQUE: Each mailbox should be of quality of a
Barcelona style mailbox as manufactured by Texas Metal Industries, Inc. Each residential
structure shall have installed an address plaque as manufactured by P&L Cast Stone. (See
attachment.)
Q. OPEN SPACE EASEMENT: No fences nor structure of any kind shall be erected or
placed within the open space easement.
R. SPEED LIMIT: A design speed of 20rnph may be used for the easterly most north/south
street. A max speed of 20mph shall be posted for the entire development.
S. NON SPECIFII';D REGULATIONS: Any regulation not specifically addressed herein
shall be governed by the regulations as contained in the R-10 Residential District of the
Zoning Ordinance and other ordinances as may pertain to specific issues in the current
zoning Iaws of the Town of Trophy CIub.
I
N
r
DECLARATION OF
COVENANTS AND
FOX POINTE
(A Residential Subdivision)
23
DECLARATION OF COVENANTS AND RESTRICTIONS
FOX POINTE
(A Residential Subdivision)
THE STATE OF TEXAS
COUNTY OF DENTON
THIS DECLARATION, made oil the date hereinafter set forth by M & M DEVELOPMENT,
INC., a Texas corporation (Hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant (as that term is hereinafter defined) are the owners of the real property
described in Article III of this Declaration, and desire to provide for the preservation of t]re values and
anicuities in such property, and, to this end, desire to subject such properly to the covenants, restrictions,
easements, charges, and liens hereinafter set forth, each and all of which is and are for the benefit of such
property and each Owner thereof; and
WHEREAS, Declarant has deeined it desirable, for the efficient preservation of the values and
amenities in The Subdivision, to delegate and assign the powers of maintaining and administering the
Common Properties and Common Facilities in The Subdivision (as such terms are defined herein) and
administering and enforcing the assessments and charges created hereinafter and in all Supplemental
Declarations; and
WHEREAS, a non-profit corporation sliall be incorporated under the laws of die State of Texas
for the purpose of exercising the functions aforesaid;
NOW, THEREFORE, the Declarant declares that the real property described in Article III is and
shall be held, transferred, sold, conveyed, occupied, and enjoyed subject to the covenants, restrictions,
easements, charges, and liens (sometimes referred to herein collectively as "covenants and restrictions")
hereinafter set forth.
ARTICLE I
Definitions
Tile following words, when used in this Supplemental Declaration (unless the context shall prohibit) shall
have the following meanings:
(a) "Association" shall mean and refer to the Fox Pointe Homeowners
Association, its successors and assigns.
(b) "Tile Subdivision" shall mean and refer to Fox Pointe, and all subsequent
sections of the Fox Pointe Subdivision brought within the scheme of this Declaration.
(c) "The Properties" shall mean and refer to the properties described in Article
III hereof which are subject to this Declaration.
(d) "Subdivision Plats" shall mean and refer to the map or plat of Fox Pointe
recorded in Cabinet , Page of the Plat Records of Denton County, Texas,
or any subsequently recorded replats thereof.
(e) "Lot" and/or "Lots" shall mean and refer to each of the lots shown upon the
Subdivision Plat or as may be shown on any replat thereof. References herein to the
"the Lots (each Lot) in The Subdivision" shall mean and refer to Lots as defined
respectively in this Declaration and all Supplemental Declarations.
(1) "Living Unit" shall mean and refer to any single-family residential unit
located on property which as been brought within the plan of this Declaration.
References to Living Units herein shall not be deemed to permit the use of any Lot in
The Subdivision for any purpose other than single-family residential purposes.
References herein to "The Living Units in the Subdivision' shall mean and refer to
Living Units as defined respectively herein and in all Supplemental Declarations.
(g) "Common Properties" shall mean and refer to all those areas of land within
the Properties as shown on the Subdivision Plats, except the Lots and the streets as
shown thereon, together with such other property as the Association may, at ally time or
from time to time, acquire by purchase or otherwise, subject, however, to the easements,
limitations, restrictions; dedications and reservations applicable thereto by virtue hereof
and/or by virtue of the Subdivision Plats, and/or by virtue of prior grants or dedications
by Declarant or Dcclarant's predecessors in title. References herein to the "the Common
Properties (any Common Property) in The Subdivision" shall mean and refer to
Common Properties as defined respectively in this Declaration and all Supplemental
Declarations.
(h) "Common Facilities" shall mean and refer to all existing and subsequently
provided improvements upon or within the Common Properties, except those as may be
expressly excluded herein. Also, in some instances, Common Facilities may consist of
improvements for the use and benefit of all Owners in The Subdivision constructed on
portions of one or more Lots or on acreage owned by Declarant (or Declarant and
others) which has not been brought within the scheme of this Declaration. By way of
illustration, Conuuon Facilities may include, but are not necessarily limited to, the
following; structures for recreation, storage or protection of equipment; sidewalks;
common driveways; landscaping; swimming pool; tennis courts; and other similar and
appurtenant improvements, References herein to "the Common Facilities (any Common
Facility) in The Subdivision" shall mean and refer to Common Facilities as defined
respectively in this Declaration and all Supplemental Declarations.
(i) "Supplemental Declaration" shall mean and refer to any Supplemental
Declaration of Covenants and Restrictions bringing additional property within the
scheme of this Declaration under the authority provided herein. References herein
(whether specific or general) to provisions set forth in "all (any) Supplemental
Declarations" shall be deemed to relatd to the respective properties covered by such
Supplemental Declarations.
0) "Owner" shall mean and refer to the record owner, or if such Lot is subject
to a term purchase contract with Declarant, to the contract purchaser, 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 mortgage, shall not mean or refer to any
mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or
any proceeding in lieu of foreclosure. References herein to "the Owners" (any Owner)
in The Subdivision" shall mean and refer to Owners as defined respectively in this
Declaration and all Supplemental Declarations. In one or more Supplemental
Declarations "Owner" may be defined by reference to ownership of a Living Unit, in
addition to or instead of by reference to the ownership of a Lot.
2
(k) "Member" and/or "Members" shall mean and refer to all those Owners
who are members of the Association as provided in Article IV; Section 4 hereof,
together with all the Owners in The Subdivision who are members of tate Association as
provided in all Supplemental Declarations. In one or more Supplemental Declarations,
"Member" may be defined by reference to the Owner of a Living Unit, in addition to or
instead of by reference to the Owners of a Lot.
ARTICLE R
Easements
Section 1. Existing Easements. The Subdivision Plat dedicates for use as such, subject to the
limitations set forth therein, certain streets and easements shown diereorl, and such Subdivisions and
restrictions applicable to the Properties. Further, Declarant in title has heretofore granted, created and
dedicated by recorded instruments, certain other easements and related rights affecting the Properties. All
dedications, limitations, restrictions and reservations shown on the Subdivision Plat and all grants and
dedications of easements and related rights heretofore made by Declarant in title affecting the Properties
are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set
forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance
executed or to be executed by or on behalf of Declarant conveying any part of the Properties.
Section 2. Changes and Additions. Declarant reserves the right to make changes in and
additions to the above easements for the purpose of most efficiently and economically installing the
improvements.
Section 3. Title to Easements and Appurtenances Not Conveyed. Title to any Lot conveyed by
Declarant by contract, deed, or other conveyance shall not be Eteld or construed in any event to include the
title to any roadways or any drainage, water, gas, sewer, storm sewer, electric light, electric power,
telegraph or telephone way, or any pipes, lines, poles, or conduits oil or in any utility facility or
appurtenances thereto, constructed by or under Declarant or its agents through, along or upon any Lot or
any part thereof to serve said Lot or any other portion of the Properties, and the right to maintain, repair,
sell, or lease such appurtenances to any municipality to other governmental agency or to any public
service corporation or to any other party is hereby expressly reserved ill Declarant
Section 4. Installation and Maintenance. There is hereby created an easement upon, across, over
and under all of the Properties for ingress and egress in connection with installing, replacing, repairing,
and maintaining all utilities, including but not limited to, water, sewer, telephones, electricity, gas, and
the Broadband Communication System and appurtenances thereto. By virtue of this casement, it shall be
expressly permissible for the utility companies and other entities supplying service to install and maintain
pipes, wires, conduits, service litres, or other utility facilities or appurtenances thereto, on, above, across
and under the Properties within the public utility easements from time to time existing and from service
on or in any structure. Notwithstanding anything contained in this Section, tto sewer, electrical lines,
water lines, or other utilities or appurtenances thereto may be installed or relocated on the Properties until
approved by Declarant.
Section 5. Emqrgency Emergencyand Service Vehicles. An easement is hereby granted to all police, fire
protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal
service employees and vehicles, and other service vehicles to enter upon the Properties in the perfonnance
of their duties.
Section 6. Surface Area, The surface of easement areas for underground utility services may be
used for planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier
of any utility or service using any easement area shall be liable to any Owner or to the Association for any
damage done by them or either of them, or their respective agents, employees, servants or assigns, to any
of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation
3
or repair of any facility in any such easement area. Further, neither the Declarant nor any supplier of any
utility or service using any easement area shall be liable to any Owner or to the Association for any
damage done by them, or either of them, or their respective agents, employees, servants or assigns, to any
sidewalks, driveways, fences, walls or any other object occupying any such easement or any portion
thereof, as a result of any activity relating to the construction, maintenance or repair of any facility in any
such easement area.
ARTICLE III
Property Sub iect to this Declaration
Section 1. Description. The real property which is, and shall be, held, transferred, sold,
conveyed, and occupied subject to this Declaration is all of Fox Pointe being 11.99 acres, approximately,
out of the M. Medlin Survey, Abstract 832, according to the Subdivision Plat thereof recorded in Cabinet
Page of the Plat Records of Denton County, Texas (or any subsequently recorded plat thereof).
Section 2. Mineral Exception. There is hereby excepted from the Properties, and Declarant will
hereafter except from all sales and conveyances of the Properties, or any part thereof, including the Lots
and Common Properties, all oil, gas, and other minerals in, on, and under the Properties, but Declarant
hereby waives, and will waive in each such conveyance, its right to use the surface of such land for
exploration for or devclopment of oil, gas, and other minerals.
Section 3. Mergers. Upon a merger or consolidation of the Association with another
association, the Association's properties, rights, and obligations may be transferred to another
surviving or consolidated association or, alternatively, the properties, rights, and obligations of
another association may be added to the properties, rights, and obligations of the Association as a
surviving corporation pursuant to a merger. The surviving or consolidated association shall
administer the covenants and restrictions applicable to the properties of the merging or
consolidating associations as one scheme. No such merger or consolidation, however, shall effect
any revocation, change or addition to the covenants established by this Declaration or any
Supplemental Declaration.
ARTICLE IV
The Association
Section 1. Organization, The Association shall be Fox Pointe Homeowners Association,
Section 2. Pigpose. The purpose of the Association in general is to provide for and promote the
health, safety, and welfare of the Members, to collect the annual maintenance charges and to administer
the Maintenance Fund, to provide for the maintenance, repair, preservation, upkeep, and protection of the
Common Properties and Common Facilities in The Subdivision and such other purposes as are stated in
the Articles of Incorporation consistent with the provisions of this Declaration and all Supplemental
Declarations.
Section 3. Trustees. The Association shall act through a three (3) member Board of Trustees,
which shall manage the affairs of the Association.
Section 4. Powers and Duties. The alTairs of the Association shall be conducted by its Board of
Directors. Prior to the incorporation of die Association, the Declarant slhall select and appoint the Board
of Directors, each of whom shall be a Class A or Class B Member, or an officer, employee, representative
or agent of a Class A or Class B Member. From and after the effective date of the Association's
incorporation, the Board of Directors shall be selected in accordance with the Articles of Incorporation
and Bylaws of the Association. The Board , for ate behalf of the Properties, the Common Properties and
the Owners, shall provide and pay for, out of dhe fhmd(s) collected by the Association pursuant to Article
VI below, the following:
(a) Care and preservation of the Common Properties and the furnishing and upkeep of
any desired personal property for use in the Common Properties. Expenditures for the repair or
installation of capital improvements, not included in the annual maintenance budget, may be
paid from the reserve fund as specifically provided in Section 8 herein.
(b) Care and maintenance of the landscaping, water features, screening walls and entry
features which may be constructed by Declarant on the Common Properties or on private
property. Maintenance includes all repair, rebuilding or cleaning deemed necessary by die Board
of Directors.
(c) Should the Board so elect, maintenance of exterior grounds, drives, parkways,
private streets and access areas, including care of trees, shrubs and grass, the exact scope of
which shall be further specified by the Board from time to time, in particular, the Board shall be
empowered to contract with persons or entities who shall be responsible for the maintenance of
landscaping, trees, shrubs, grass and like improvements which are located on the Common
Properties and/or the Lots, except for landscaping and other like improvements which are located
with rear yards or side yards enclosed by solid fence, which shall be maintained by the individual
Lot Owner. Maintenance services contracted for by the Board in accordance with this paragraph
shall be paid for out of Association funds.
(d) The services of a person or firm to manage and/or provide consultation to the
Association or any separate portion thereof, to the extent deemed advisable by the Board, and the
services of such other personnel as the Board shall determine to be necessary or proper for the
operation of the Association, whether such personnel are employed directly by tlhe Board or by
the manager.
(e) Legal and accounting services.
(f) A policy or policies of insurance insuring the Association, its officers and directors
against any liability to the public or to the Owners (and/or their invitees or tenant) incident to the
operation of the Association including, without limitation, officers' and directors' liability
insurance.
(g) Workers' compensation insurance to the extent necessary to comply with any
applicable laws.
(h) Such fidelity bonds as may be required by the Bylaws or as the Board may
determine to be advisable.
(i) Any other materials, supplies, insurance or property owned by the Association,
furniture, Iabor, services, maintenance, repairs, alterations, taxes or assessments which the Board
is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its
opinion slhall be necessary or proper for the operation or protection of the Association or for die
enforcement of this Declaration.
0) To execute all declarations of ownership for tax assessment purposes and to pay all
taxes with regard to the Common Properties.
(k) To enter into agreements or contracts with insurance companies, faxing
authorities and the holders of mortgage liens on one or more Lots with respect to: (i)
taxes on the Conuuon Properties and (ii) insurance coverage of the Common Properties,
as they relate to the assessment, collection and disbursement process envisioned in this
Declaration.
(1) To borrow funds to pay costs of operation, secured by assignment or pledge of rights
against delinquent Owners, if the Board sees fit.
(in) To enter into contracts, maintain one or more bank accounts, and generally, to have
all the powers necessary or incidental to the operation and management of the Association and
the Common Properties, expressly including the power to enter into management and
maintenance contracts.
(n) If, as, and when the Board, in its sole discretion, deems necessary it may take action
to protect or defend the Common Properties from loss or damage by suit or otherwise, to sue or
defend in any court of law on behalf of the Association and to provide adequate reserves for
repairs and replacements.
(o) To make reasonable rules and regulations for the operation and use of the Common
Properties and to amend them from time to time, provided that any rule or regulation may be
amended or repealed by an instrument in writing signed by a majority of the Members, or, with
respect to a rule applicable to less than all of the ProperEies, by a majority of the Members in the
portions affected.
(p) Subsequent to incorporation, to make available to each Owner, within one hundred
twenty (120) days after the end of the each year, an unaudited annual report.
(q) Pursuant to Article XI herein, to adjust the amount, collect, and use any insurance
proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair
damage or replace lost property, to assess the Members in proportionate amounts to cover the
deficiency.
(r) If, as and when the Board, in its sole discretion, deems necessary, it may take action
to enforce the provisions of this Declaration and any rules made hereunder and to enjoin and/or
seek damages from any Owner for violation of such provisions or rules.
Section 5, Board Powers. From and after the date on which the title to lite Common Properties
has been conveyed to the Association, the Board shall have [lie exclusive right to contract for all goods,
services and insurance, and the exclusive right and obligation to perform the functions of the Board,
except as otherwise provided herein.
Section 6. Maintenance Contracts. The Board, on behalf of pie Association, shall have full
power and authority to contract with any Owner for the performance by the Association of services which
the Board is not otberwise required to perform pursuant to the terms hereof, such contracts to be upon
such terms and conditions and for such consideration as the Board my deem proper, advisable and in the
best interest of the Association.
Section 7. Liability Limitations. No Member, officer of the Association or member of the Board
of Directors shall be personally liable for debts contracted for, or otherwise incurred by the Association, or
for a tort of another Member, whether such outer Member was acting on behalf of the Association or
otherwise. Neither Declarant, lite Association, its directors, officers, agents, or employees shall be liable
for any incidental or consequential damages for failure to inspect any premises; improvements or portion
thereof or failure to repair or maintain the same.
The Common Properties may be subject to storm water overflow, natural bank erosion and other
natural or man-made events or occurrences to extents which cannot be defined or controlled. Under no
circumstances sliall Declarant ever be held liable for any damages or injuries of any kind of character or
nature whatsoever resulting from: (i) lite occurrence of any natural phenomena; (ii) the failure or defect of
any structure or structures situated on or within the Common Properties; and (iii) any act, conduct,
omission or behavior of any individual, group of individuals, entity or enterprise occurring on, within or
related to the Common Properties.
6
Section 8. Reserve bunds. The Board may establish reserve funds, for such purposes as may be
determined by die Board, which may be maintained and accounted for separately from other funds
maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order
to better demonstrate that the amounts deposited therein are capital contributions and are not net income
to the Association. Expenditures from any such fund will be made at the direction of the Board. The
reserve fund provided for herein shall be used for the general purposes of promoting the recreation,
health, safely, welfare, common benefit, and enjoyment of the Owners and occupants of the subdivision,
and maintaining the subdivision and improvements therein, all as may be more specificaIIy authorized
from time to time by the Board of Directors. Capital expenditures from this fund may include by way of
example, but not be limited to, street, street light and screening wall repair, water features and drainage
channel improvements or repair of major damage to the Common Properties not covered by insurance.
Section 9. Members. Each Owner, whether one or more persons or entities, of a Lot or a Living
Unit in The Subdivision sl►all, upon and by virtue of becoming such Owner, automatically become a
Member of the Association and shall remain a Member thereof until his ownership ceases for any reason,
at which time his membership in the Association shall automatically cease. Membership in the
Association shall be appurtenant to and shall auto►uatically follow the legal ownership of each Lot or
Living Unit and may not be separated from such ownership. Whenever the legal ownership of any Lot or
Living Unit passes from one person to another, by whatever means, it shall not be necessary that any
instrument provide for transfer of membership in the Association, and no certificate of membership will
be issued.
Section 10. Voting Riehts. The Association shall have two (2) classes of voting membership:
CLASS A. Class A Members shall be all Members with the exception of Class B
Members. Class A Members shall be entitled to one (1) votefor each Lot in which they
hold the interest required for membership. When more than one person holds such
interest -or interests in any Lot; all such persons shall be Members, and the vote for such
Lot shall be exercised as they, among themselves, determine, but ill no event shall more
than one vote be cast with respect to any such Lot.
CLASS B. Class B Members shall 'be Declarant and any bona fide Owner who is
engaged in the process of constructing a residential dwelling on any Lot for sale to
consumers. Declarant shall be entitled to six (G) votes for each Lot owned by all Class
B Members. Class B Members other than Declarant shall be non-voting Members of the
Association. The Class B membership shall cease, and each Class B Member sl►all
become a Class A Member, upon the earlier to occur of the following:
(i) when the total number of votes outstanding in the Class A membership is
eight (8) times greater than the total number of votes outstanding in the
Class B membership; or
(ii) when Declarant no longer owns record title to any of the Lots.
Notwithstanding the voting rights within the Association, until the Declarant no longer owns
record title to any lot, the Association shall take no action with respect to any matter whatsoever without
prior written consent of the Declarant.
ARTICLE V
Proverty Rights in the Common Prnnev-ties and Common Facilities
Section 1. Members' Easements of Euioyment Subject to the provisions of Section 2. of this
Article V, every Member shall have a common right and easement of enjoyment in and to the Common
Properties and Common Facilities in The Subdivision, and such right and easement sliall be appurtenant
to and shall pass with [lie title to each Lot or Living Unit in Tine Subdivisions.
Section 2. Extent of Members' Easements. The rights and easements of enjoyment created
hereby sliall be subject to the following:
(a) The right of the Association, in its discretion, to charge reasonable admission and
other fees for the use of the recreational Common Facilities, and to make, publish, and
enforce reasonable rules and regulations governing the use and enjoyment of the
Common Properties and Common Facilities or any part thereof, all of which reasonable
rules and regulations shall be binding upon, complied with, and observed by each
Member. These rules and regulations may include provisions to govern and control the
use of such Common Properties and Common Facilities by guests or invitees of the
Members, including, without limitation, tine number of guests or invitees who tnay use
such Common Properties and Common Facilities or any part thereof at the same time;
and
(b) The right of the Association to grant or dedicate casements in, on, under or above
such Common Properties or any part thereof to any public or governmental agency or
authority or to any utility company for any service to The Subdivision or any part
thereof; and
(c) The right of the Association to enter management and/or operating contracts or
agreements relative to the maintenance and operation of such Common Properties and
Common Facilities in such instances and on such terns as its Board of Trustees may
deem appropriate;_ the right of the Association to operate recreational facilities and
related concessions located on such Common Properties; the right on the Association to
enter lease agreements or concession agreements granting leasehold, concession, or
other operating rights relative to Common Facilities in such instances and on such terms
as its Board of Trustees may deem appropriate; and
(d) The right of the Association to suspend the voting rights of a Member of his right to
use any recreational Common Facility during the period he is in default in excess of
thirty (30) days in tine payment of any maintenance charge assessment against, his Lot or
Living Unit; and to suspend such rights fora period not to exceed sixty (60) days for an
infractions of its published rules and regulations; and the aforesaid rights of the
Association shall not be exclusive, but shall be cumulative of and in addition to all other
rights and remedies which the Association may have in this Declaration and all
Supplemental Declarations or in its Bylaws or at Iaw or in equity on account of any such
default or infraction; and
(e) The rights and easements existing, herein created or hereafter created in favor of
others, as provided for in Article H hereof, and in tl►is Declaration and all Supplemental
Declarations; and
(f) The restrictions as to use of the Common Properties provided for in Article IX
hereof.
Section 3. Delegation of Use. Any Member may delegate his right of use and enjoyment of the
Common Properties and Common Facilities in The Subdivision, together with all easement rights granted
to Members in this Declaration and all Supplemental Declarations, to tine members of his family, his
tenants, or contract purchasers who reside on his Lot or in his Living Unit. The terns "Member" is
further defined to include and refer to the executors, personal representatives and administrators of any
Member, and all other persons, firms, or corporations acquiring or succeeding to the title of the Member
by sale, grant, will, foreclosure, execution, or by and legal process, or by operation of law, or in any other
legal manner.
ARTICLE VI
Assessments and Charges
A. Annual Assessments
Section 1. The Maintenance Fund. All funds collected by the Association from the regular
maintenance charges provided for in this Article, together with all funds collected by the Association from
the regular annual maintenance charges imposed on the Lots and Living Units in The Subdivision by this
Declaration and all Supplemental Declarations, shall constitute and be known as the "Maintenance Fund."
The Maintenance Fund shall be field, used, and expended by the Association for the common benefit of all
Members for, among others, the following purposes, to -wit. to promote the health, slfety, recreation, and
welfare of the Members, including, without limitation, the installation, construction, erection, and
relocation of improvements related to the enhancement and beautification of the Common Properties and
Common Facilities in the Subdivision, and any other areas provided by this Declaration or any
Supplemental Declaration to be developed or maintained by the Association, such as shrubbery, trees,
walkways, and the mowing and general maintenance of vacant Lots in the Subdivision, and the
construction, repair, maintenance and replacement of properties, services, improvements and facilities
devoted to such purposes and related to the use and enjoyment of The Subdivision by the Members.
In the event Declarant shall designate Common Facilities for the use and benefit of all the
Owners in The Subdivision which are situated on property owned by Declarant (or affiliated or subsidiary
entities) but which then has not been brought within the scheme of this Declaration, the Association shall
have the right and authority to aIlocaic and expend such amounts from the Maintenance Fund for
construction, repair, maintenance, upkeep, beautification, improvement or replacement of such Common
Facilities as its Board of Trustees shall determine, in its sole discretion. Further, if all or any such
Common Facilities situated on property then not subject to the scheine of this Declaration also are for the
use and benefit of persons or entities other than the Owners in The Subdivision, the Association shall have
the right and authority to enter agreements with other persons or entities enjoying the use and benefit of
such Common Facilities (or their designee), in such instances and on such terms as its Board of Trustees
may deem appropriate and acceptable, obligating the Association to contribute, from the Maintenance
Fund, a ratable portion of the amounts necessary from time to time to provide for the construction, repair,
maintenance, upkeep, beautification, improvement or replacement of such Common Facilities, and
providing for other agreements relative to the use and enjoyment of such Common Facilities (including
limitations on the extent of the use and enjoyment thereof) by the various persons and entities entitled
thereto.
The Association may, in its sole discretion, give one or more of the purposes set forth in this
Section 1 preference over other purposes, and it is agreed that all expenses incurred and expenditures and
decisions made by the Board of Trustees of the Association in good faith shall be binding and conclusive
on all Members.
In the event Declarant shall operate any Common Facility in The Subdivision, or such Common
Facility shall be operated by others on behalf of Declarant under agreement authorized hereby, and the
actual proceeds realized by Declarant from such operation shall be less than the actual costs incurred by
Declarant in connection with operating and maintaining any such Common Facility, Declarant shall be
entitled to be reimbursed from the Maintenance Fund for all costs actually incurred by Declarant in
maintaining and operating such Common Facility in excess of the actual proceeds realized by Declarant
from such operation, as such costs are incurred, to the extent that the balance of the Maintenance Fund
from time to time existing exceeds the amount then designated by the Board of Trustees of the Association
in good faith to be the minimum amount necessary to accomplish the maintenance functions of the
Association. Further, Declarant shall be entitled to be reimbursed from the Maintenance Fund for all ad
valorem taxes and other assessments in the nature of property taxes fairly allocable to the Common
Properties and Common Facilities and accrued subsequent to the recordation of The Declaration, and
prior to the date ort which title to such Common Properties and prior to the date on which title to such
Common Properties and Common Facilities is conveyed to the Association by Declarant, which have been
actually paid by Declarant.
Section 2. Covenant for Assessments and Creation of Lien Subject to the provisions set forth in
Sections 3. and 4. relating to the rate at which the maintenance charge and assessment imposed Herein
sliall be paid on unimproved Lots, each and every Lot in the Properties is hereby severally subjected to and
impressed with a regular annual maintenance charge or assessment in the amount of SIXTY AND
NO1100 DOLLARS ($60.00) per annum per Lot (herein sometimes referred to as the `full maintenance
charge") which assessment shall affect and run with the land, subject to increase and decrease and payable
as provided in Section 5. below.
Each Owner of a Lot, by his claim or assertion of ownership or by accepting a deed to any such
Lot, whether or not it sliall be so expressed in such deed, is hereby conclusively deemed to covenant and
agree, as a covenant running with the land, to pay to the Association, its successors or assigns, each and
all of the charges and assessments against his Lot and/or assessed against him by virtue of his ownership
thereof, as the same shall become due and payable, without demand. The charges and assessments herein
provided for and assessed, together with those hereafler assessed, siiall be a charge and a continuing lien,
which such lien is hereby created and imposed, upon each Lot, together with all improvements thereon, as
hereinafter more particularly stated. Each assessment, together with the interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the
time the obligation to pay such assessment accrued, but no Member shall be personally liable for the
payment of any assessment made or becoming due and payable after his ownership ceases. No Member
shall be exempt or excused from paying any such charge or assessment by waiver of the use or enjoyment
of the Common Properties and Common Facilities, or any part thereof, or by abandonment of his Lot or
his interest therein. The liens hereby created and imposed shall be valid, subsisting and continuing, and
shall maintain for so long as this Declaration and all Supplemental Declarations continue in effect, unless
modified or amended in accordance herewith, notwithstanding the fact that at one or more times during
the existence of this Declaration there may be no amount(s) due the Association, as it is the intention
hereof that assessments stiall arise annually and that same shall constitute present or future indebtedness,
all of which sha1I be secured by the Iien created hereby.
Section 3. Unim roved Lots Owned by Declarant or Builders. Declarant and builders shall pay
ten percent (10%) of the then existing full maintenance charge assessment for each Lot owned by them,
unless and until a residential structure has been built thereon and six (6) months have elapsed since the
substantial completion of such residence, or the residence has been permitted to be occupied, whichever
occurs first. Thereafter, commencing oil the first day of the next succeeding calendar mouth, the full
maintenance charge then assessed shall become applicable. If the annual maintenance charge on such Lot
has been prepaid at ten percent (10%) of the full maintenance charge then assessed for the portion of the
calendar year remaining after the full maintenance charge becomes applicable to such Lot, as herein
provided, the then Owner of such Lot shall be obligated to pay to the Association, on the date Elle full
maintenance charge becomes applicable, as herein provided, that prorata portion of ninety percent (901/o)
of such full maintenance charge as the number of full calendar months remaining in such calendar year
bears to twelve (12). It shall be the duty of each builder to notify the Association at the time a residence
has been substantially completed or permitted to be occupied. The term "substantial completion" as used
herein shall mean that [lie residence is ready for occupancy, except for minor items which must be
furnished, completed, corrected or adjusted. The term "builder" for the purpose of this Declaration is
defined as any person, firm, corporation, or other entity who is engaged in the business of building
residential structures for sale or rental purposes, and not for his or its personal use or occupancy.
Section 4. Unimproved Lots Owned by Owners Other Than Declarant and Builders. Owners of
unimproved Lots other than Declarant and builder shall pay fifty percent (50%) of the then existing full
maintenance charge assessment for each Lot owned by them until a residential structure has been
completed thereon and leas been occupied. Thereafter, commencing on the first day of the next
succeeding calendar month, the full maintenance charge then assessed shall become applicable. If the
annual maintenance charge on such Lot has been prepaid at fifty percent (501/o) of the full maintenance
charge then assessed for the portion of the calendar year remaining after the full maintenance charge
10
becomes applicable, as herein provided, that prorata portion of fifty percent (50010) of the full maintenance
charge then assessed, which shall bear the same ratio to fifty percent (50016) of such full maintenance
charge as the number of full calendar months remaining in such calendar year bears to twelve (12). It
shall be the duty of Bach such Owner to notify the Association at lie time such residential structure has
been completed and occupied.
Section 5. The Annual Maintenance Charge. The annual maintenance charge assessments
provided for herein shall be payable on the date (which shall be the first day of a month) fixed by the
Board of Trustees and sl►all be for the balance of the calendar year in which it is due, or shall be payable
in equal monthly installments over lite balance of the year, at the election of the Board of Trustees of the
Association. The assessments for each calendar year after the first assessment year shall be due and
p<7yable to the Association in advance on January 1st each year, or in twelve (12) equal monthly
installments over such year, at the election of the Board of Trustees of the Association. Provided,
however, that, upon tate purchase of his Lot (as evidenced by the date of his term Contract of Sale or Deed,
or his occupancy, whichever is earlier), each Member shall be obligated to pay to the Association a prorata
part of the applicable percentage (as detennined pursuant to the tenns hereof) of the regular annual
maintenance charge assessed on such Lot, which shall bear the same ratio to the applicable percentage of
the full remaining in the year of purchase bears twelve (12), and which shall be payable in full upon such
purchase or in equal monthly installments over the balance of the year of purchase, as the Board of
Trustees of the Association may elect.
The Board of Trustees of the Association may decrease or increase the amount of the annual
maintenance charge of assessment provided for herein at any time and from time to time by the adoption
of a resolution for such purpose, but no resolution increasing the annual maintenance charge assessment
shall become effective prior to the expiration of ninety (90) days from date of its adoption. The Owner of
each Lot shall, within thirty (30) days from such effective date, pay to the Association the proportionate
part of such increase for the balance of the year in which such resolution is adopted; provided, however,
that no resolution of the Board of Trustees which fixes the amount of the annual maintenance charge or
assessment in excess of SIX HUNDRED AND NO/100 DOLLARS ($600.00) per year, shall become
effective unless and until such resolution is ratified either (i) by the written assent of the Members of the
Association who in the aggregate then own at least filly -one percent (511/6) of the Lots and Living Units in
The Subdivision if no meeting of the membership is held for ratification, or (ii) by lite assent of fifty-one
(51%) of the voles of the Members of the Association who are present and voting in person or by proxy at
a special meeting of the membership of the Association called for this purpose and at which a quorum is
present. The written assent or [lie vote of the Members must be given prior to the effective date of such
resolution of ll►e Board of Trustees. No increase in the annual maintenance charge of assessment shall
hake effect retroactively,
If any resolution of the Board of Trustees which requires ratification by the assent of die
Members of the Association as above provided shall fail to receive such assent, then the amount of the
regular annual maintenance charge or assessment last in effect shall continue in effect until duly changed
in accordance with the above provisions. The Board of Trustees may decrease the amount of the annual
maintenance charge of assessment without ratification by or assent of the Members of the Association.
Section 6. Quorum for any Action Authorized_ Under Section 5. The quorum required for any
action authorized by Section 5. hereof shall be as follows:
At the first meeting called, as provided in Section 5. hereof, the presence at the meeting
of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of [he
membership shall constitute a quorum. If the required quorum is not forthcoming at any
meeting, another meeting may be called and the required quorum at any such
subsequent meeting shall be one-half (16) the required quorum at the preceding meeting,
provided that such reduced quorum requirement shall not be applicable to any such
subsequent meeting held more than sixty (60) days following the preceding meeting.
11
Section 7, Setting, Commencement and Notice of Assessments. The Board of Trustees of the
Association shall fix the date of commencement and the amount of the assessment against each Lot or
Owner for each assessment period and shall, at that time, prepare a roster of the properties and
assessments applicable thereto which shall be kept in the office of the Association and shall be open to
inspection by any Owner. Written notice of the assessment sliall thereupon be sent to every Owner subject
thereto. The Association, shall, upon demand at any time, furnish to any Owner Iiable for said assessment
a certificate in writing signed by in officer of the Association, setting forth whether said assessment has
been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to
have been paid.
Section 8. Liens to Secure Assessments. The annual maintenance charges or assessments, as
hereinabove provided for, shall constitute and be secured by the separate, valid and subsisting lien,
hereinabove created and fixed, and which shall exist upon and against each Lot and Living Unit and all
improvements thereon, for the benefit of the Association and all Members. Subject to the condition that
the Association be made a party to any Court proceeding to enforce any lien hereinafter deemed to be
superior, the lien hereby created shall be subordinate and inferior to:
(a) all Iiens for taxes or special assessments levied by the City, County, and
State governments, or any political subdivision or special district thereof, and
(b) all liens securing amounts due or to become due under any term Contract of
Sale dated, or any mortgage, vendor's lien, or deed of trust fled for record, prior to the
date payment of any such charges or assessments become due and payable, and
(c) all liens, including, but not limited to, vendor's liens, deeds of trust, and
other security instruments which secure any loan made by a lender to an Owner for any
part of the purchase price of any Lot when the same is purchased from a builder or for
any part of lite cost of constructing, repairing, adding to, or remodeling the residence
and appurtenances situated on any Lot to be utilized for residential purposes.
Any foreclosure of any such superior lien under the power of sale of any mortgage, deed of trust, or other
security instrument, or through Court proceedings in which the Association has been made a party, shall
cut off and extinguish the liens securing maintenance charges or assessments which became due and
payable prior to such foreclosure date, but no such foreclosures sliall free any Lot from lite liens securing
assessments thereafter become due and payable, nor shall the liability of any Member personally obligated
to pay maintenance charges or assessments which become due prior to such foreclosure, be extinguished
by a foreclosure.
Section 9. Effect of Non -Payment of Assessment If any annual maintenance charge of
assessment is not paid within thirty (30) days from the due date thereof, the same sliall bear interest from
the due date until paid at the highest interest rate hllowed under the laws of the State of Texas, and, if
placed in the hands of an attorney for collection or if suit is brought thereon or if collected through
probate or other judicial proceedings, there shall be paid to Ute Association an additional reasonable
atuount, but not less than ten percent (10%) of the aniount awing, as attorneys fees. The Association, as a
common expense of all Members, may institute and maintain an action at law or in equity against any
defaulting Member to enforce collection and/or for foreclosure of the liens against his Lot. All such
actions may be instituted and brought in (lie name of the Association and may be maintained and
prosecuted by lite Association in a like manner as an action to foreclose the lien ora mortgage or deed of
trust on real property.
Section 10. Collection and Enforcement. Each Member, by his assertion of title or claim of
ownership or by his acceptance of a deed to a Lot or Living Unit, whether or not it shall be so recited in
such deed, shall be conclusively deemed to have expressly vested in the Association, and in its officers and
agents, the right, power and authority to take all action which the Association shall deeni proper for the
collection of assessments and/or for the enforcement and foreclosure of the liens securing the same.
12
B. Utility Standby Charge
No utility standby charge shall be due on Lots owned by the Declarant.
ARTICLE VII
Architectural Control Committee;
Architectural and Construction Control
Section 1. Architectural Control Committee. The Architectural Control Committee, thereinafter
called "die Architectural Control Committee" sliall be composed of three (3) or more individuals selected
and appointed by Declarant. The Committee sliall function as a representative of the Owners of the Lots
for the purposes herein set forth as well as for all other purposes consistent with the creation and
preservation of a first-class residential development. The Committee shall use its best efforts to promote
and ensure a high level of quality, harmony and conformity throughout the properties.
A majority of the Committee Members may act on behalf of entire Committee. In die event of
the death or resignation of any Committee Member, the remaining Committee Members shall have full
audiority to designate and appoint a successor. Each Committee Members shall neither be entitled to any
compensation for service performed hereunder nor be liable for claims, causes of action or damages
(except where occasion by gross negligence or arbitrary and capricious conduct) arising out of service
performed pursuant to this Declaration.
Section 2. Transfer of Authority, to the Association The duties, rights, powers and authority of
the Architectural Control Committee constituted hereby may be assigned at any tune; at the sole election
of a majority of the Committee Members, to the Board of Trustees of the Association, and from and after
the date of such assignment, and the acceptance thereof by such Trustees, the Board of Trustees of die
Association sliall have full right, authority and power, and shall be obligated, to perform the functions of
the Architectural Control Committee as provided herein, including the right to designate a representative
or representatives to act for it.
Section 3. Minimum Construction Standards. The Architectural Control Committee may from
time to time promulgate architectural standard bulletins ("Standard Bulletins") which shall be fair,
reasonable and uniformly if applied thereafter, and shall carry fonvard the intention of this Declaration.
Standard Bulletins shall cover minimum acceptable construction standard and specifications (including,
whd►out mutation, a limited number of acceptable exterior materials and/or finishes), which shall
constitute guidelines only and sliall not be binding upon the Architectural Control Committee or in any
manner determinative of (lie approval or disapproval by such Committee of submitted plans and
specifications. The Standard Bulletins shall supplement tl►e Declaration and are incorporated herein by
reference. All architectural restrictions sliall be in compliance wit the Town of Trophy Club regulations.
Some restrictions may exceed the Town of Trophy Club regulations, but in no case shall this document be
interpreted to give authority to the Architectural Control Committee to approve any standards less than
tl►e then current Town of Trophy Club regulations,
Section 4. Approval of Plans
(a) No building, structure, fence, will, or other improvements shall be commenced, erected,
constructed, placed or maintained upon the Properties, nor shall any exterior addition to or change or
alteration therein be made until the detailed plans and specifications therefore shall have been submitted
to and approved in writing as to compliance with minihnum structural and mechanical standards, slab
evaluation, location and situation on the Lot, and as to harmony of external design or location in relation
to property lines, building lines, easements, grades, surrounding structures, walks, and topography
(including the orientation of the front and rear of any such building with respect to the Lot lines), by the
Architectural Control Committee constituted as provided herein. Each application made to the
Architectural Control Committee for the approval required hereby shall be accompanied by two (2) sets of
plans and specifications which sliall specify, in such form as the Architectural Control Committee enay
13
reasonably require, structural, mechanical, electrical, and plumbing detail and the nature, kind, shape,
height, exterior color scheme, materials to be incorporated into, and location of the proposed
improvements or alterations thereto, the location of all driveways and curb cuts, and the compliance of the
drainage of said Lot with the overall planned drainage of the Properties as developed and pronounced by
Declarant. In the event said Architectural Control Committee fails to approve or disapprove such plans
and specifications within thirty (30) days alter said plans and specifications have been submitted to it,
approval will not be required and the provisions of the Section will be deemed to have been fully complied
with; provided, however, that the failure of the Architectural Control Committee to approve or disapprove
such plans and specifications within such thirty (30) day period shall not operate to permit any structure to
be commenced, erected, placed, constructed or maintained on any Lot in the Properties in a manner
inconsistent with any provision of this Declaration. Without limitation of the powers herein granted, die
Architectural Control Committee shall have the right to specify a limited number of acceptable exterior
materials and/or finishes that may be used in the construction, alteration and repair of any improvement
oil any Lot.
The Architectural Control Committee also shall have full power and authority to reject
any plans and specifications that do not comply with the restrictions herein imposed to meet its
minimum construction requirements or architectural design requirements that might not be
compatible, in the sole discretion of the Architectural Control Committee, with the design or
overall character and aesthetics of the Properties.
(b) The Architectural Control Committee shall have the power and authority to alter and
amend requirements as to design of buildings and materials to be used in the construction thereof for any
Lot or Lots, provided that such authority sliall be exercised for the purpose of harmonizing and making
aesthetically attractive The Properties or the portion of The Properties in which the Lots so affected are
located, as such matters may be determined in the good faith judgment of the Architectural Control
Committee.
(c) The Architectural Control Committee or its duly appointed agent or designee may enter
upon and inspect any Lot and any Improvements or structures being constructed thereon, and the drainage
of the Lot in relation to the remainder of life Properties at any time during the construction thereof to
ascertain whether any such improvements or structures are being constructed in such a manner so as to (i)
fully comply with the provisions of the Declaration and any mininium construction or design requirements
imposed by the Architectural Control Committee, and (ii) comply in all material respects to the plans and
specifications previously approved by the Architectural Control Committee. Each and every Owner by
acceptance of conveyance of the applicable Lot shall be deemed to have granted to the ArehitecturaI
Control Committee and its appointed agent or designee an easement across said Lot to enable the
inspection authorized hereby.
(d) If any structure shall be erected, placed or maintained or if any improvement shall be
made on any Lot other than in accordance with plans and specifications approved by the Architectural
Control Committee, such structure or improvement sliall constitute a violation. In the event such
violation is not cured within a reasonable period of time, the Architectural Control Committee shall have
the right to take necessary action provided by law to cause same to be cured. The costs of any such
successful action shall be borne by the Owner.
Section 5. Slab Elevation Certification. The Architectural Control Committee shall additionally
have the power to set minimum slab elevations for any Lot within the Properties. In connection therewith,
each affected Owner sliall submit to the Architectural Control Committee, prior to commencement of the
construction or erection of any residential structure, attached garage or other attached appurtenance
thereto on any Lot, together with the plans and specifications and other data herein required, a certificate
from a registered professional engineer (or such other authority as shall be acceptable to the Architectural
Control Committee) certifying, in such form as may be required by the Architectural Control Committee,
the elevation above mean sea level of the top of the finished slab (or finished beam, if a pier and beam
foundation is utilized) for all portions of such residential structure, attached garage or other allaclied
14
appurtenance relative to and based on such submitted plans and specifications and the proposed Iocation
of such structure on the Lot.
Section G. Construction Re uirements.
(a) Only new construction materials (except for used brick) shall be used and utilized in
constructing any structure situated on a Lot. Eighty percent (80%) of the exterior materials of all
residential structures on all Lots sliall be of brick, stone or stucco, of the remaining twenty percent (20%)
no exterior construction sliall be of less than 314 inch thick materials, and the use of plywood, aluminum
or metal siding is prohibited.
(b) All exterior construction of the primary residential structure, garage, porches, and any
other appurtenances or appendages of every kind and character on any Lot and all interior construction
(including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed
and operational, all cabinet work completed, all interior walls, ceilings, and doors completed and covered
by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor
covering) sliall be completed not later than one (1) year following the commencement of construction.
For the purposes hereof, the term "commencement of construction" shall be deemed to mean the date on
which the building permit is issued.
(c) A concrete sidewalk four (4) feet wide shall be constructed from the street adjacent to
the front of each Lot to the front of the residential structure to be situated thereon. The plans for each
residential building on each Lot shall include plans and specifications for such required sidewalk and any
other proposed sidewalk. Such required sidewalk and other approved sidewalks, if any, sliall be
constructed and completed before the main residence is occupied. A sidewalk may connect to a driveway
in lieu of the adjacent street.
ARTICLE VIII
Buildin1Z and Use Restrictions
Section 1. Residence BuildingaGarages. No building or other structure shall be built, placed,
constructed, reconstructed, or altered on any Lot other than a single family residence, with appurtenances
incident to single family use, including, without limitation, bona fide servants' quarters, and no structure
shall be occupied or used until the exterior construction (herefore is completed. Each single family
residence situated on a Lot sliall have an enclosed, attached or detached garage for not less than two (2)
nor more than four (4) automobiles, No detached garage shall have more than two (2) stories. No carport
shall be built, placed, constructed or recolistructed on any Lot. The ground floor of any garage shall never
be changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging
of automobiles. All Owners, their families, tenants and contract purchasers sliall, to the greatest extent
practicable, utilize such garages for the garaging of vehicles belonging to them.
Garage doors shall be kept closed at all times except during periods of use. After nightfall,
garage doors shall be kept closed except during periods of ingress and egress.
Section 2. Single family Residential Use, Each Lot (including land and improvements) shall be
used and occupied for single family residential purposes only. No Owner or other occupant shall use or
occupy his Lot, or permit the sane or any part thereof to be used or occupied, for any purpose other than
as a private single family residence for the Owner or his tenant and their families and domestic servants
employed on the premises. As used herein the term "single family residential purposes" shall be deemed
to prohibit specifically, but without limitation, the use of Lots for duplex apartments, garage apartments or
other apartment use. No Lot shall be used or occupied for any business, commercial, trade, or
professional purpose either apart from or in connection with the use thereof as a private residence,
whether for profit or not.
15
Section 3. Minimum Lot Area. Lots may be resubdivided if (any only if) such subdivision
results in each resubdivided Lot containing not less than 10,000 square feet of land. Provided, however,
Declarant shall have and reserves the right, at any time to file a replat of the Subdivision Plat or Plats to
effect a resubdivision or configuration of any Lots in the Properties then owned by Declarant, so long as
such results in each resubdivided Lot containing not less than 10,000, square feet of land. The privilege to
replat Lots in The Properties owned by Declarant reserved in this Section 3. shall be exercisable only by
Declarant or any successor or Declarant's ownership of such Lots who acquires such ownership other than
by purchase, and such privilege shall not be exercisable by, inure to the benefit of, or be assignable to any
purchaser from Declarant or from any successor or assign of Declarant, of any Lot in The Properties.
Section 4. Combining Lots. Any such consolidation shall be permitted with the Town's rules
and regulations.
Section 5. Size of Residences. No residential structure erected on any Lot shall have more than
two and half (2 1/2) stories. No residential structure with a net living area of less than 2,250 square feet
exclusive of the area of attached garages, porches, servant's quarters, or other appurtenances or
appendages, shall be erected on any Lot.
Section G. Building Location. No structure sliall be located on any Lot bertiveen any building
setback line shown on or provided for in the Subdivision Plats and the street or Lot line to which such
building setback line is applicable. No building shall be located nearer than live (5) feet to.any interior
Lot line. No main residential structure shall be located oil any Lot nearer than twenty-fivc (25) feet to any
rear Lot line. Unless otherwise approved in writing by the Architectural Control Committee, each main
residence shall face the front Lot line of the Lot upon which it is situated. Each garage shall be provided
with a driveway access from the front of the Lot upon which it is situated; provided that, in the sole
discretion of the Architectural Control Committee, such access may be from the front or side of corner
Lots. All garage doors shall be equipped with an automatic garage door closer (which the owner shall
maintain in a functional condition), and each Owner shall be obligated to keep his garage door and/or
doors closed at all times, except at time of entry or exit from the garage facility. For the purpose of this
subsection, eaves, steps, fireplace chimneys and open porches shall not be considered as a part of the
building; provided, 1l6weVer, that the foregoing shall not be construed to permit any position of a building
on any Lot to encroach upon another Lot or any drainage or utility casement.
Unless otherwise approved in writing by the Architectural Control Committee, each main
residence building will face the front of the Lot, and each detached garage facing the street will be located
at least forty-five (45) feet from the front of the Lot on which it is situated, and each garage (whether
attached or detached) will be provided with a driveway access from the front of the Lot; provided that such
access may be from the front or side of corner Lots.
Section 7. Air Conditioners. No window or wall type air conditioners shall be permitted to be
used, placed or maintained on or in any building in any part of The Properties.
Section 8. Garbage Disposal. Each kitchen in each residential structure on any Lot sliall be
equipped with a garbage disposal unit, which garbage disposal shall at all times be kept in an operational
condition.
Section 9. Roofing. The approved roofing material shall be clay tile, slate, or fiberglass shingles
with a minimum weight of 300 pounds per square. Use of any other roofing material requires written
approval from the Architectural Control Committee and (lie Town of Trophy Club. The use of any
roofing materials in the predominant color of white is expressly prohibited.
Section 10. Prohibition Against Aluminum Windows. No gray aluminum (mill finish)
windows shall be used in the construction of any dwelling or other building on any portion of The
Properties unless specifically authorized in writing by the Architectural Control Committee.
16
Section 11. Antennas, etc. No electronic antenna or device of any type, including any type or
form of satellite dish, other than one antenna for receiving television signals, FM signals and/or citizen's
band signals larger than 18" high or 18" diameter shall be erected, constructed, placed or permitted to
remain an any other Lots, residences thereon or other permitted buildings constructed in The Properties.
The permitted antenna may be attached to the residential structure; however, the antenna's location sliall
be restricted so as to be liidden from sight, when viewed from any street.
Section 12. Wails Fences and Hedges. No walls, fences or hedges shall be erected or
mainlained nearer to the front Lot line than the front wall of tie structure situated on such Lot. All side
or rear fences must be at least six (G) feet in height, unless otherwise approved in writing by We
Architectural Control Committee. No wood fence shall fact any street.
No chain Iink fences shall be penuilted.
Ownership of any wall, fence or hedge erected on a Lot by Declarant (and the right to erect any
such wall, fence or hedge for such purpose is hereby reserved in favor of Declarant, its successors and
assigns) shall pass with title to such Lot and it shall be the Owner's responsibility to maintain said wall
thereafter. In the event of default on (lie part of the Owner of any Lot in maintaining said wall, and such
default continuing after ten (10) days written notice thereof, Declarant, its successors or assigns may, at its
Option, without liability to the Owner or occupant in trespass or otherwise, enter upon said Lot and cause
said protective screening.(o be repaired or maintained or to take any outer action necessary to secure
compliance with this Declaration, and place said wall in a satisfactory condition, and may charge the
Owner or occupant of such Lot for the cost of such work by submitting a statement to such Owner setting
forth the cost of such work to the Owner or occupant of such Lot. The Owner or occupant, as the case
may be, agrees by the purchase or occupancy of such Lot, to pay such statement immediately upon receipt
thereof. The amount of such charge, together with interest thereon at the rate of ten percent (10%) per
annum and reasonable costs of collection, shall be a charge and continuing lien upon such Lot, as well as
the continuing personal obligation of the Owner of such Lot at the time such charge is incurred. The lien
securing such charge shall be second, subordinate and inferior to aII liens, present and future, given,
granted and created by or at the instance or request of (lie Owner of any such Lot to secure the payment of
monies advanced on account of the purchase price and/or improvement of any such Lot.
Section 13. Temporaly and Other Strictures. No structure of a temporary character, no trailer,
mobile, modular or prefabricated home, tent, shack, barn, or any other than structure or building other
than the residence to be built thereon in accordance herewith, shall be placed on any Lot, either
temporarily or permanently, and no residence house, garage or other structure appurtenant thereto shall be
moved upon any Lot from another location; except, however, that Declarant reserves the exclusive right to
erect, place and maintain, and to permit builders to erect, place and maintain, such facilities in and upon
the The Properties as in its sole discretion may be necessary or convenient during the period of and in
connection with the sale of Lots, construction and selling or residences and constructing other
improvements in the Properties. Such facilities may include, but not necessarily be limited to, a
temporary and sales office. Declarant and builders shall also have the temporary right to use a residence
situated on a Lot as a temporary office or model home during the period of and in connection with
construction and sales operations in the Properties, but in no event shall a builder have such right for a
period in excess of one (1) year from the date of substantial completion of his last. residence in the
Properties.
Section 14. Driveways and Culverts. Each Lot must be accessible to an adjoining street by a
driveway suitable for such purposes before the residential structure located on any such Lot may be
occupied or used. No Owner may block any drainage channel (including road ditches). The
specifications for and construction of all drain tiles or culverts, whether to be installed in connection with
a driveway or otherwise, must be approved by the Architectural Control Committee. Driveways shall be
entirely of concrete and slhall be constructed with expansion joints not more than twenty feet apart, with
ane joint at the back of the street curb. The width of each driveway shhall flair and the curb sltalI be cut in
such a manner that [lie driveway shall be a least six (G) inches thick at its end toward the street paving,
17
and this extreme shall be poured against a horizontal form board to reduce the unsightly appearance of a
raveling driveway.
Section 15. Landscaping_. A landscape plan shall be submitted with the construction plans and
must be approved by the Architectural Control Committee prior to issuance of a building permit. Such
landscaping is to be done in the parkway area and on the front of the Lot at the time the residential
structure is being completed and before occupancy. All to include sprinkler system and fully sodded yard.
Each front yard shall be planted with at least twelve (12) caliper inches of oak trees; provided, however,
any oak tree used to satisfy, this requirement shall contain at least three (3'/z) caliper inches.
Section 16. Exterior Chinine s. All exterior exposed fireplace structures slrall be masonry clad
with the same material as the residence. No metal chimney cap slrall be allowed without written
authorization from the Architectural Control Committee.
Section 17. Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot or
from any portion of the Common Properties is prohibited, except as necessary in conjunction with
landscaping or construction of improvements thereon.
Section 18. Septic Tanks. No privy, cesspool, or septic tank slrall be placed or maintained upon
or in any Lot, or any other portion of the Properties.
Section 19. Mail Deposit Receptacles. The Architectural Control Committee reserves the right
to approve the type, design and installation of any mail delivery boxes or mail deposit receptacles.
Section 2(}. Signs Except for signs, billboards or other advertising devices displayed by
Declarant for so long as Declarant or any successors or assigns of Declarant to whom the rights of
Declarant under [his Section 5. are expressly transferred, shall own any portion of the Properties, no sign
of any kind shall be displayed to [he public view on any Lot or the Common Properties except:
(a) Builders may display one (1) sign of not more than five (5) square feet on a Lot to advertise
the Lot and residential structure situated thereon for sale during the sales and/or construction
period; and
(b) Any Owner may display one (1) sign of not more than live (5) square feet on a Lot improved
with a residential structure to advertise the Lot and residence for sale or rent.
Seclion 21. Nuisance. No noxious or offensive activity shall be carried on or permitted upon any
Lot or upon lire Common Properties, nor shall anything be done thereon which may be or become an
annoyance or nuisance to the neighborlrood or to other Owners. The Board of Trustees of the Association
slialI have the sole and exclusive discretion to determine WIrat constitutes a nuisance or annoyance. No
trucks larger than three-quarters of a ton, motor vehicle not currently licensed, boats, trailers, campers,
motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed
garage, or oil any street, except passenger cars and trucks smaller than three-quarters of ton may be
parked on the street in front of the Lot for a period not to exceed twelve (12) hours in any twenty-four (24)
hour period. No repair work, dismantling, or assembling of motor vehicles or other machinery or
equipment slrall be done or permitted on any Lot (except inside a closed garage), street, or any portion of
the Common Properties. Discharging of firearms, airguus, bows and arrows, or any other device or
instrument capable of injuring or killing, firecrackers, or other fireworks in the Properties is prohibited.
No motor bikes, motorcycles, motor scooters, "go-carts", or other similar vehicles shall be permitted to be
operated in the Properties, if, in the sole judgement of the Board of Trustees of the Association, such
operation, by reason of noise or fumes emitted, or by reason of manner of use, slrall constitute a nuisance.
Section 22. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept
on any Lot or oil any portion of the Common Properties, except that dogs, cats, or oilier common
household pets (not to exceed three (3) adult animals) may be kept, but they shall not be kept for
commercial purposes. Any dogs, cats or other common household pets that may be kept on the premises
18
of any Lot, sliall, upon leaving or being taken from said Lot, be restrained in the care, custody and control
of the pet's owner by a leash, rope, chain or other device, and shall not be allowed to run loose in the
Conuuon Properties, streets, the Lots, or any other areas.
Section 23. Garbage and Refuse Storage and Disposal All Lots and the Common Properties
shall at all time be kept in a healthful, sanitary and attractive condition. No Lot, street or any part of the
Common Properties shall be used or maintained as a dumping grounds for garbage, trash, junk or other
waste matter. No Lot shall be used for open storage of any materials whatsoever, which storage is visible
from the street, except that new building materials used in the construction of improvements erected on
any Lot may be placed upon such Lot at the time construction is commenced and may be maintained
thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until
completion of the improvements, after which these materials shall either be removed from the Lot, or
stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind
shall be burned on any Lot.
In the event of default on the part of the Owner of any Lot in observing the above requirements,
or any of them, such default continuing after ten (10) days written notice thereof, Declarant, or its
successors and assigns may, at its option, without liability to the Owner in trespass or otherwise, enter
upon said Lot and cause to be removed such building materials, garbage, trash and rubbish or do any other
thing necessary to secure compliance with this Declaration in order to place said Lot neat, attractive,
healthful and sanitary condition, and may assess the Owner of such Lot for the cost of such work, by
submitting a statement setting forth the cost of such work to the Owner of such Lot. The Owner agrees by
the purchase or occupancy of such Lot to pay such statement immediately upon receipt thereof. Each such
assessment, together with interest thereon at the rate of ten percent (10%) per annum and reasonable costs
of collection, shall be a charge and continuing lien upon such Lot, as well as the continuing personal
obligation of the Owner of such Lot at the time of such assessment. The lien securing such assessment
shall be second, subordinate and inferior to all liens, present and future, given, granted and created by or
at the instance or request of the Owner of any such Lot to secure the payment of monies advanced or to be
advanced on account of the purchase price and/or improvement of any such Lot.
Section 24. Lot Maintenance. The Owners or occupants of all Lots shall at all times
keep all weeds and grass thereon cut int a'sanitary, healthful and attractive manner and shall in
no event use any Lot for storage of materials and equipment except for normal residential
requirements or incident to construction of improvements thereon as herein pertuitted or permit
the accumulation of garbage, trash or rubbish of any kind thereon. The drying of clothes in full
public view is prohibited.
In the event of default on the part of [lie Owner or occupant of any Lot in observing the above
requirements, or any of them, such default continuing after ten (10) days written notice thereof, Declarant
or its successors and assigns may, at its option, without liability to the Owner or occupant in trespass or
otherwise, enter upon said Lot and cause to be cut such weeds and grass or do any other thing necessary to
secure compliance with this Declaration in order to place said Lot in a neat, attractive, healthful and
sanitary condition, and may charge the Owner or occupant of such Lot for the cost of such work, by
submitting a statement setting forth We cost of such work to the Owner or occupant of such Lot. The
Owner or occupant, as the case may be, agrees by the purchase or occupancy of such Lot to pay such
statement immediately upon receipt thereof. Each such assessnheiil, together with interest thereon at the
rale of ten percent (101/o) per annum and reasonable cost of collection, shall be a charge and continuing
lien upon such Lot, as well as the continuing personal obligation of the Owner of such Lot at the time of
such assessment. The lien securing such assessment shall be second, subordinate and inferior to all liens,
present and future, give, granted and created by or at the instance or request of the Owner of any such Lot
to secure the payment of monies advanced or to be advanced on account of the purchase price and/or
improvements of any such lot.
Section 25. Utilities. Each residence situated on a Lot shall be connected to the water and sewer
lines as soon as practicable after same are available at the Lot line.
19
Section 26. Drainage. Neither the Declarant or the Association, or any of their successors or
assigns, shall be liable for any loss of use of, or damage done to any shrubbery, trees, flowers,
improvements, fences, walks, sidewalks, driveways, or buildings of any type or the contents thereof on any
Lot whatsoever in the Subdivision caused by any water levels, rising waters, or drainage waters. No
Owner shall do anything to cause or which causes the interruption or alteration of the planned drainage of
the Properties as prescribed by Declarant or by anyone acting for Declarant in this particular matter.
Section 27. Access. No driveways or roadways may be constructed on any Lot to provide access
to any adjoining Lot or other portion of the Properties unless the express written consent of the
Architectural Control Committee first shall have been obtained.
Section 28. Oil Water and Mining Operations. No water well drilling, no oil drilling or
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 structure designed for use in boring for oil and natural gas shall be erected,
maintained or permitted upon any Lot.
Section 29. Use of Common Properties. There shall be no obstruction of any part of the
Common Properties, which are intended to remain unobstructed for the reasonable use and enjoyment
thereof. No Owner shall appropriate any part of the Common Properties to his exclusive use, nor shall
any Owner do anything which would violate the casements, rights, and privileges of any Owner in regard
to any portion of the Common Properties which is intended for the common use and benefit of all Owners.
Except as may be herein permitted, no Member shall plant, place, fix, install or construct any vegetation,
hedge, tree, shrub, fence, wall, structure, or improvements or store any of his personal property on the
Common Properties or any part thereof without the written consent of the Association first being obtained.
The Association shall have the right to remove anything placed on the Common Properties in violation of
the provisions of this Section and to recover the cost of such removal from the Owner responsible, and to
have a lien on such Owner's Lot to secure the payment of such cost, all on the same terms and provisions
as are set forth in Section IG. next above.
Section 30. Exempt Property. Notwithstanding any provisions herein to the contrary, the
Common Properties shall not be subject to or burdened by the building and use restrictions set forth in this
Article 1X, except to the extent same are made specifically applicable to the Common Properties.
Section 31. Retaining Walls. Retaining walls may be constructed to achieve even grades for
landscaping, pools, driveways or house foundations, any such retaining wall must be uniform in freight
with a flat top and must be constructed of compatible masonry materials approved by the Architectural
Control Committee, which shall be consistent with the overall appearance of the residential dwelling. No
railroads ties or landscape timber retaining walls shall be permitted.
Section 32. Wall Surface Above Garage Doors. All will surface above the garage doors shall be
masonry to match the residence.
Section 33. Open Space Easement. No fences nor structure of any kind shall be erected or
placed within the open space easement.'
ARTICLE IX
General Provisions
Section 1. Duration. The covenants and restrictions of this Declaration shall run with 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 or any Supplemental Declaration, their respective Iegal representatives, heirs,
successors and assigns, for an initial term commencing on the effective date hereof and ending December
31, 2020. During such initial term (a) the covenants and restrictions contained in all Articles hereof other
than Articles VIII and IX may be changed or terminated only by an instrument signed by the then Owners
20
of not less than ninety percent (90%) of the Lois in the Properties and properly recorded into the
appropriate records of Denton County, Texas. Upon the expiration of such initial term, all of the
covenants and restrictions of this Declaration (as changed, if changed), and the enforcement rights
relative thereto, shall be automatically extended for successive periods of ten (10) years. During such ten
(10) year extension periods, (a) the covenants and restrictions contained in all Articles hereof other than
Articles VIII and IX may be changed or terminated only by an instrument signed by the then Owners of
not less than fifty-one percent (51%) of all the Lots in The Subdivision and properly recorded in the
appropriate records of Denton County, Texas and (b) the covenants and restrictions contained in Articles
VIII and IX hereof may be changed or terminated only by an instrument signed by the then Owners of not
less than fifty-one percent (51%) of all the Lots in the Properties and properly recorded in the appropriate
records of Denton County, Texas.
Section 2. Enforcement. The Association, as a common expense to be paid out of the
Maintenance Fund, or any Owner at his own expense, shall have the right to enforce, by proceedings at
law or in equity, all restrictions, covenants, conditions, reservations, liens, charges, assessments, and all
other provisions set out in this Declarant. Failure of the Association or of any Owner to take any action
upon any breach or default of or in respect to any of the foregoing sliall not be deemed a waiver of their
right to take enforcement action any subsequent breach or default.
Section 3. Amendments by Declarant. The Declarant shall have and reserves the right at any
tinie and from time to tine, without the joiner or consent of any other party to amend this Declaration by
any instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting
any typographical or grammatical error, ambiguity or inconsistency appearing herein, provided that any
such amendment shall be consistent with and in furtherance of the general plan and scheme of
development, as evidenced by this Declaration and all Supplemental Declarations, and shall not impair or
afTect the vested property or other rights of any Owner or his mortgagee.
Section 4. Lite retation. If this Declaration or any word, clause, sentence, paragraph, or other
part hereof shall be susceptible or more than one or conflicting interpretations, then the interpretation
which is most nearly in accordance with the general purposes and objectives of this Declaration and all
Supplemental Declarations shall govern,
Section 5. Omissions. If any punctuation, work, clause, sentence, or provision necessary to give
meaning, validity, or effect to any other work, clause, sentence, or provision appearing in this Declaration
shall be omitted lierefrom, then it is hereby declared that such omission was unintentional and that the
omitted punctuation, word, clause, sentence or provisions shall be supplied by inference.
Section G. Notices. Any notice required to be sent to any Member or Owner under the provisions
of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known
address of the person who appears as Member or Owner on the records of the Association at the time of
such mailing.
Section 7. Gender and Grammar. The singular, whenever used herein, shall be construed to
mean the plural, when applicable, and the necessary grammatical changes required to make the provisions
hereof apply either to corporations or individuals, males or females, shall in all cases be assumed as
though in each case fully expressed.
Section 8. Severability. Invalidation of any one or more of the covenants, restrictions,
conditions, or provisions contained in this Declaration, or any part thereof, shall in no manner affect any
of the other covenants, restrictions, conditions, or provisions hereof, which sl►all remain in full force and
effect.
21
ARTICLE X
Powers Granted to the Town of Trophy Club
Section 1. The Town of Trophy Club, Texas (the "Town") shall have the right to perform, but
not the obligation, the maintenance obligations of the Association with respect to the Common Properties,
if the Association fails to reasonably perform such maintenance obligations within ten (10) days after
receipt by the Association of written notice from [lie Town stating the nature and extent of the
Association's failure to maintain the Common Properties,
Section 2. Upon assuming such maintenance obligations, the Town may collect all maintenance
assessments in accordance with the procedures specified herein and in any bylaws or articles of
incorporation of the Association, expending an amount of such assessments as reasonably necessary, in
the sole opinion of the Town, to perforin the Association's maintenance obligations which it has failed to
perform, and remitting the balance thereof to the Association forthwith.
Section 3. The Declarant and the Association understand and agree that the Covenants and
Restrictions contained herein are not intended to restrict or limit the rights of the Town to exercise its
legislative and governmental rights, duties and powers insofar as zoning of the Properties is concerned.
WITNESS my hand this day of , 1996
M & M DEVELOPMENT, INC.
By:
THE STATE OF TEXAS
COUNTY OF DENTON
John Harbin, Representative for Declarant
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared , known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to the that he executed the sante for the
purposes and consideration therein expressed, and in the capacity herein stated.
1996. GIVEN UNDER MY HAND AND SEAL OF OFFICE, [his day of
Notary Public, in and for the State of Texas
22
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St ~��- = FIEJ
DEVCLOP.MENT SCHEDULE FOR FOX POINTE
AT TROPHY CLUB
EN ITY
ACTION
DATE
SURVEYOR
BOUNDRY SURVEY
MAY 21
SURVEYOR
TOPO
MAY 27
DEVELOPER
REQUEST FOR ANNEXATION
MAY 27
AND ZONING
TESTING LAB
GEOTECHINICAL REPORT
JUNE I
ENGINEER
.PRELIMINARY PLAT
JUNE 2
CITY COUNCIL
GRANT PETITION TO ANNEX
JUNE 2
DEVELOPER
SUBMIT PRELIMINARY PLAT
JUNE 3
CITY COUNCIL
PUBLIC HEARING TO ANNEX
JUNE 16
AND ZONE
ENGINEER
CONSTRUCTION PLAN SUBMITTAL
JUNE 17
PLANNING & ZONING
PRELIMINARY PLAT REVIEW AND
JUNE 18
SITE PLAN APPROVAL
ENGINEER
DELIVER COPIES OF PRELIMINARY
JUNE -22
PLAT TO CITY COUNCIL
ENGINEER
FINAL PLAT SUBMITTAL
JUNE 24
PLANNING & ZONING
FINAL PLAT REVIEW
JULY 2
JOINT MTG OF CITY
COUNCIL & P&Z
PRELIMINARY PLAT APPROVAL
JULY 7
DEVELOPER
BID CONSTRUCTION
JULY 14
ENGINEER
DELIVER COPIES OF FINAL PLAT
JULY 15
TO CITY COUNCIL
LNITY ACTION DATE
JOINT MTG OF CITY ANNEXATION APPROVAL JULY 21
COUNCIL & P&Z FINAL PLAT APPROVAL
ZONING APPROVAL
SITE PLAN APPROVAL
DEVELOPER FACILITY AGREEMENTS WITH JULY 24
M.U.D. AND CITY
DEVELOPER BEGIN CONSTRUCTION JULY 27
DEVELOPER COMPLETE CONSTRUCTION JAN 31,'99