ORD 2002-01 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE: NO. 2002 — 01 P&.Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
AND RATIFYING ORDINANCE NO. 96-10 OF THE TOWN, THE SAME BEING
PD PLANNED DEVELOPMENT #17 WHICH AMENDED THE THEN CURRENT
COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF THE TOWN; ADDING
PROVISIONS TO INCORPORATE THE CONCEPTUAL LANDSCAPE PLAN
AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR IN PD
PLANNED DEVELOPMENT #17, GENERALLY KNOWN AS THE VILLAS OF
HOGAN'S GLEN; AMENDING THE OFFICIAL ZONING MAP OF THE TOWN
TO REFLECT THE INCORPORATION OF THE CONCEPTUAL LANDSCAPE
PLAN AND CONSTRUCTION SCHEDULE AS ORIGINALLY PROVIDED FOR
IN EXHIBITS "E" AND "F" OF PD PLANNED DEVELOPMENT #17;
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 a 9.8082 acre tract of
land generally known as The Villas of Hogan's Glen 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 94-09 of the Town, which was the then
applicable Comprehensive Zoning Ordinance of the Town;
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came before the Planning and Zoning Comnussion and Town
Council;
WHEREAS, after public notices were given in compliance with State law 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 96-10;
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 96-10 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 I" day of August, 1996;
WHEREAS, since the adoption of Ordinance 96-10, an inadvertent clerical error was
discovered whereby the Conceptual Landscape Plan and the Construction Schedule, Exhibits "E"
and "F" to the Developer's Planned Development submittal respectively, were not properly
referenced in enacting Ordinance 96-10; and
WHEREAS, having discovered such error and after due deliberation and consideration
by the PIanning and Zoning Commission and the Town Council of the Town of Trophy Club,
Texas, at properly posted hearings, the Town Council now deems it necessary to adopt this
Ordinance amending Ordinance No. 96-10 by correcting all clerical errors and ratifying all other
provisions of Ordinan`e No. 96-10, 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 I.
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. 96-10 of the Town of Trophy Club, Texas, the same being the Town's PD
Planned Development 417, is hereby amended to properly reference the Conceptual Landscape
Plan and Construction Schedule, Exhibits "E" and "F", 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. 96-10, or any
other amending ordinances thereof, are hereby ratified and affirmed. Ordinance No. 96-10 shall
be amended to include the following, and shall read now as it should have read then:
Conceptual Landscape Plan. The conceptual landscape 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 Iandscape plan approved during the final platting
process.
Construction Schedule. The constniction 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 1VIAP
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 herein made.
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 5.
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 litigation, 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.
-3-
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club 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 of thq Town of Trophy Club, Texas,
this 7th day of January, 2002.
M
Town of Trophy Club, Texas
Town Secretary
Town of Trophy Club, Texas ROP
[SEAL]
=' GW
EFFECTIVE: January 16, 2002
APPROVED AS TO FORM:
QhAc� , w
Town Attorney
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 94-09 OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING THE OFFICIAL
ZONING Al" OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED
AS A 9.8082 ACRE TRACT OF LAND AS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN, FROM ITS CURRENT ZONING OF R-12 SINGLE
FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT
#17 FOR SINGLE FAMILY RESIDENTIAL USES;
PROVIDING THAT SUCH TRACT OF LAND SHALL BE
USED IN ACCORDANCE WITH THE REQUIREMENTS OF
THE COMPREHENSIVE ZONING ORDINANCE AND ALL
OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT
THE PD PLANNED DEVELOPMENT #17 ZONING
DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING
A SAVINGS CLAUSE; 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 A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the tract of land (the "Land"), described as a 9.8082 acre tract
of land generally known as Hogan's Glen and as 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 District Map
of the Town in accordance with Ordinance No. 94-09 of the Town (the "Comprehensive Zoning
Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came on before the Planning and Zoning Commission and Town
Council; and
WHEREAS, the Town Council, at a public hearing held jointly with the planning and
Zoning Commission, had an opportunity to consider the following factors in making a
determination as to whether the requested changes should be granted or denied: effect on the
congestion in the streets, safety of the motoring public and the pedestrians using the facilities
in the area immediately surrounding the Land, noise producing elements and glare of vehicular
and stationary lights and effect of such lights on the established character of the neighborhood,
the fire hazards and other dangers possibly present and the securing of safety from the same,
DOC #: 394523
lighting and type of signs and the relation of signs to traffic control acentro e and ad'
size and adequacy of width far traffic reasonably expected to be generated fo pr po end uses
around the Land and in the immediate neighborhoods, the effect on the promotion of health and
the general welfare, effect on adequate light and air, the effect on the transportation, water,
sewerage, schools, parks and other public facilities; and
WHEREAS, the Town Council further considered among other things the character of
the districts and their peculiar suitability for particular uses, with a view of conserving the value
of buildings and encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives; and
WHEREAS, the Town Council finds that the zoning granted herein utilizes innovative
land development concepts and is consistent with the Town's
and Comprehensive Land Use Plan;
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at the said public
hearings and all other relevant information and materials, the Planning and Zoning Commission
of the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, the Town Council has determined that there is a necessity and need for the
change in zoning and that there has been a change in the conditions of the Land surrounding and
in close proximity to the Land since the Land was originally classed and therefore the change
in zoning herein made is needed; and
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 has concluded that the adoption of this Ordinance is in the best
interests of the Town of Trophy Club, Texas and of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED By THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TESLAS:
Section 1. Incorporation of uremises. The above and foregoing premises are true and
correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the
same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words
are not amended but are hereby ratified and affirmed:
A. The zoning on the Land, being a 9.8082 acre tract of land described in Exhibit
"A" attached hereto and incorporated herein, heretofore zoned R-12 Single Family Residential
District is hereby changed to PD Planned Development District for single family residential uses,
in accordance with the requirements of this Ordinance (including Exhibits " A , ° " B ,'� and
each of which Exhibits is incorporated herein for all purposes), all applicable parts of
DOC #: 394523
the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations
of the Town.
Section 3. Site nlan. A planned development site plan for the Land or any part thereof
which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be
submitted by the Owner of the Land as required by and in accordance with the Comprehensive
Zoning Ordinance and shall be filed as a part of this Ordinance and shall be made a part hereof
prior to the issuance of any building permit for the Land in this Planned Development District.
Section 4. Zonin ma . The Planning and Zoning Administrator is hereby directed to
mark and indicate on the official Zoning District Map of the Town to reflect the zoning change
herein made.
Section 5. Develapnpent conditions.
accordance with this Ordinance, the DevelopIn carrying out the development of the Land in
In
Standards set forth in Exhibit "C" shall be
conditions precedent to the granting of any certificate of occupancy.
Section 6. Restrictive covenants. In connection with the development of the Land, the
Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants
running with the Land (which covenants are attached hereto as Exhibit " D
approved by the Town and to which the Town may be made a in a form to be
parry for certain purposes.
Section 7. A licabie re lations. In all respects the Land shall be subject to the
applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable
and pertinent ordinances and regulations of the Town.
Section &. Purpose. The amendment to zoning herein made has been made in
accordance with the Comprehensive Plan of the Town for the purpose of promoting the health,
safety and welfare of the community, and with consideration of the reasonable suitability for the
particular use and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land within the community.
Section 9. Savings, This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulation of land and zoning and shall not repeal any of the provisions of
those ordinances except in those instances where the provisions of those Ordinances are in direct
conflict with the provisions of this Ordinance.
Section 10. 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 b s
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 11. SeverabilitV. The sections, paragraphs, sentences, phrases, clauses and
wards of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause
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 that it would
DOC #: 394523
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 12. Effective date. This Ordinance shall become effective from and after its data
of adoption and publication as provided by law.
this the
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
1�_ day of 1996
ATTEST:
7 '
I
. �-� , z A - A
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town orney,
Town of Trophy Club, Texas
DOC #: 394523
Texas
SINGLE FAMILY RESIDENTIAL
PLANNED DEVELOPMENT
ZONING ORDINANCE
FOR
KNOMW AS
THE VILLAS OF HOGAN'S GLEN
TROPHY CLUB,
DENTON COUNTY
TEXAS
Presented To The
TOWN OF TROPHY CLUB
TROPHY CLUB, TX
JULY 1996
Villas ofHagan's GIen
PD Ordinance Page 1
7124196
TABLE OF CONTENTS
LOCATION MAP
APPLICATION
SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ZONING ORDINANCE
L EXHIBIT A: LEGAL DESCRIPTION
II. EXIT B: PD DEVELOPMENT PLAN
M. 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. SPECIAL PAVING
J FENCES / WALLS / RETAINING WALLS
K. COMMON AREAS
L. LANDSCAPE
M. UTILITIES
N. TRASH RECEPTACLES AND COLLECTION
O. TEMPORARY STRUCTURES AND VEHICLES
P. SIGNS
Q. EXTERIOR LIGHTING
R. PRIVATE STREETS
S. NON SPECIFIED REGULATIONS
IV. EXHIBIT D: DRAFT OF PROPOSED COVENANTS, CONDITIONS AND
RESTRICTIONS
V. EXHIBIT E: CONCEPTUAL LANDSCAPE PLAN
VI. EXHIBIT F: CONSTRUCTION SCHEDULE
Villas of Hogan's Glen
PD Ordinance Page 2
7/24/96
r@T'd "ji "T' OWN
LASE
S GI
'own of TrophyClub
100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262
APPLICATION FDR ZONING CHANGE
CASE NO.
PROPOSED AMENDMENT:
PRESENT ZONING R-12 PRESENT USE
REQUESTED ZONING PD INTENDED .USE
LEGAL DESCRIPTION OF PROPERTY:
PLATTED PROPERTY: Lot 123-151 Section Addition LAKE FOREST TILLAGE IV
UNPLATTED PROPERTY: Survey Name A- . Acres
*Note: If property is not platted, attach metes and bound' description.
OWNERSHIP/APPLICANT INFORMATION:
Name of Owner/Applicant BECK PROPERTIES TROPHY CLUB, L.P.
Address 100 TROPHY CLUB DRIVE, TOPHY CLUS TX 1626Z Phone430-8992.
Signature of Applicant
FOR TOWN USE'
Submission of Application Fees:
$ Receipt No. Date
EVENTS DATE ACTION REMARKS
Preliminary Hearing - P'& Z
Public Hearing - P S Z
Public Hearing - Council.
Ordinance - 1st Reading
Ordinance - 2nd Reading
Ordinance - 3rd Reading
Effective Date After Publication
Recorded on Zoning Map
Lid
EXHIBIT "A
(Page 1 of 2)
LEGAL DESCRIPTION
HOGANS GLEN VILLAS
BEING a 9.8082 acre tract of land situated in the M. MEDLIN SURVEY, Abstract No. 832 and the J.R.
MICHAEL SURVEY, Abstract Number 821, in the City of Trophy Club, Denton County Texas, and being
part of a tract of land described to BECK PROPERTIES in Deed recorded in penton County Clerks File
Number 93-14008751.6, Denton County Texas, and being more particularly described as follows:
BEGINNING at a 518 inch iron rod found for corner in the Northeast line of Indian Creek Drive ( an 80 foot
wide Right -of -Way ) for the most northwest corner of Lake Forest Village, Phase Two, an addition to the
City of Trophy Club as recorded in Cabinet B, Slide 1, Plat Records, Denton County, Texas;
THENCE North 31'07'23" West, with the Northwest line of said Indian Creek Drive, a distance of 644.12
feet to a point for corner at the beginning of a non -tangent curve to the left whose chord bears South
76'07'24'
East, 28:28 feet;
THENCE leaving the Northwest line of said Indian Creek Drive, the following courses and distances, to -wit:
In a Northeasterly direction along said non -tangent curve to the left having a central angle -of
90'00'00", a radius of 20.00 feet, and an arc length of 31.42 feet to a point for corner;
North 58°52'36" East a distance of 42.18 feet to a point for corner at the beginning of a curve
to the left whose chord bears North 43'22'39" East, 93.53 feet;
In a Northeasterly direction along said curve to the left having a central angle of 30'59'55", a
radius of 175.00 feet, and an arc length of 94.68 feet to a point for corner;
North 27'52'41" East a distance of 2.28 feet to a point for corner at the beginning of a curve to
the right whose chord bears North 50°59'45" West, 5.00 feet;
In a Northwesterly, direction along said curve to the right having a central angle of 1' 16'24", a
radius of 225.00 feet, and an arc length of 5.00 feet to a point for corner;
North 38022'03' East a distance of 50.02 feet to a point for corner at the beginning of a curve
to the left whose chord bears South 54°01'29" East, 24.59 feet;
In a Southeasterly direction along said curve to the left having a'central angle of 8°03'33", a
radius of 175.00 feet, and an arc length of 24.61 feet to a point for corner at the beginning of a
curve to the right whose chord bears North 40"08'36" East, 10.12 feet;
In a Northeasterly direction along said curve to the right having a central angle of 1'2'1'52", a
radius of 425.00 feet, and an are length of 10.12 feet to a point for corner;
South 49' 10'28" East a distance of 50.00 feet to a point for corner at the beginning of a curve
to the left whose chord bears South 40°26'37" West, 5.00 feet;
In a Southwesterly direction along said curve to the left having a central angle of 0°45'50", a
radius of 375.00 feet, and an arc length of 5.00 feet to a'point for corner at the beginning of a
curve to the right whose chord bears South 39°59'17" East, 69.35 feet;
In a Southeasterly direction along said curve to the right having a central angle of 17`43'47", a
radius of 225.00 feet, and an arc length of 69.62 feet to a point for corner;
South 31 °07'23" East a distance of 27.17 feet to a point for corner;
North 31'29'52" East a distance of 9.17 feet to a point for corner;
North 41044'56" East a distance of 45.78 feet to a point for corner;
North 62°39'34" East a distance of 92.50 feet to a point for corner;
North 59°28'34" East a distance of 75.30 feet to a point for corner;
North 70°27'34" East a distance of 78.50 feet to a point for corner;
North 75°04'34" East a distance of 48.40 feet to a point for corner;
EXHIBIT
(Page 2 of 2)
North 88`20'34" East a distance of 141.50 feet to a point for corner;.
North 68044'08" East a distance of 66.55 feet to a point for corner in the southerly line of a tract
of land described to Cobblestone Texas, Inc. In Denton County Clerks File Number 93-0087511,
Deed Records, Denton County, Texas;
THENCE along the Southerly line of said. Cobblestone Texas, Inc. Tract, the following courses and
distances, to -wit:
South 54047'00" !wast a distance of 156.10 foot to a point for corner;
South 45°53'00" East a distance of 178.80 feet to a point for corner;
South 63°02'54" East a distance of 120.62 feet to it point for corner in the Northwest line of said
Lake Forest Village;' I
THENCE along the Northwest line of said Lake Forest Village, the following courses and distances, to -wit:
South 2926'00' West a distance of 27.64 feet to a point for corner;
South 55' 17'47" West a distance of 108.25 feet to a point for corner;
South 52°40'58' West a distance of 129.81 feet to a point for corner;
North 37'38'22" West a distance of 46.00 feet to a point for corner;
South 5232'58" West -a distance of 168.93 feet to a point for corner;
North 37°27'08" West a distance of 89.64 feet to a point for corner;
South 75°15'48" West a distance of 98.40 That to a point for corner;
South 44'04'15" West a distance of 253.17 feet to a point for corner;
South 32028'54" West a distance of 24.51 feet to a point for corner;
South 42034'07" West a distance of 87.94 feet to a point for corner,
South 58058'35" West a distance of 54.14 feet to the POINT OF BEGINNING and containing
9.8082 acres of land, more or less.
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DEVELOPMENTSTANDARDS
SINGLE FAMILY REGULATIONS
A. GENERAL PURPOSE: The purpose of this PD Ordinance is to allow single family
detached dwellings on lots of not less than seven thousand two hundred (7,200) square
feet together with allowed incidental and accessory uses, in order to provide a viable and
compatible neighborhood for the Town of Trophy Club.
The Villas ofHogan's Glen is a private, gated, residential neighborhood adjacent to the
golf course which blends a heavily wooded site with a unique land plan to create a lasting
and quality environment.
The existing vegetation, topography and adjoining creek and lake are integrated into a
unified residential plan which maximizes the existing natural amenities of the site.
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 "The Villas ofHogan's Glen' no land 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) Private Roadways constructed to Town standards.
(c) Private Common Areas owned by an authorized Homeowner's
Association.
(d) Public and Private Utilities.
2. Accessory Uses: Accessory uses shall be permitted in accordance with the
regulations provided in Section 35 of The Comprehensive Zoning Ordinance No.
94-09.
3. Limitation of Uses:
(a) All applicable ordinances of the Town of Trophy Club 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.
Villas offlogan's Glen
PD Ordinance Page 3
7124196
C. BUILDING PERMIT REQUIRE MUNTS: 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 been approved by the Town Council and recorded in the official
records of Denton County, Texas.
A HE, REGULATIONS: Except as provided by Section 36 of the Comprehensive
Zoning Ordinance 94-09, 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
seven thousand two hundred (7,200) square feet.
2. Minimum 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 accessory buildings or structures shall not exceed sixty-five (659/0)
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 2,500 square feet.
5. Depth of Front Yard: 20 foot minimum.
6. Depth of Rear Yard: 10 foot minimum.
7. Width of Side Yard: 0 foot minimum on one side and 10 foot minimum on the
other side.
S. Width of Side Yard Adjacent To Side Street: 15 foot niHmum.
9. Width of Lot: 60 foot minimum.
10. Depth of Lot: 110 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 (2 1) 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 Ieast 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.
Villas of Hagan's Glen
PD Ordinance
7/24/96 Page 4
3. Any detached garage shall setback at least fifty (50) 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 fifty (50) feet
from the front property line of a residential lot.
S. Any garage structure, provided in addition to the required two (2) car garage, shall
have a minimum interior dimension of 10 112' 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 Club), stone,
brick or other masonry materials. It is specifically required that the exterior wall
area of each residence located within The Villas of Rogan's Glen will have not less
than eighty (80%) percent masonry coverage.
Forty (40) year warranty, Timberline or equal composition roofing is the minimum
standard of quality for roofing material to be used in the Properties.
(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 or golf course 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.
L SPECIAL PAVING: Those paved areas identified on Exhibit B: PD Site Plan as
"Special Paving" shall permit patterned and colored concrete as constructed to the
requirements of the Town of Trophy Club.
Villas ofHogan's 01=
FD Ordinance
7124196 Page 5
J. FENCES / WALLS / RETAINING WALLS: Retaining wallcad to
structurally engineered and designed walls const ruc '` -IZ � " K oto match
the residence.WAIVIR
f
'° $ s�-n
(a) Front Yard Fencing. Fencing will be allow el ' in tl,e front building
line of a dwelling to the side property lines. Al '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 or ornamental iron
only.
(c) Side or Rear Yard Fencing Visible from the Street. Fencing shall be
constructed as noted in Subparagraph (a).
(d) Perimeter Fence.
(i) Facing Golf Course or Creek. Perimeter Fences shall be
constructed of decorative iron with native stone columns at each
property corner. Maximum height 4.
(ii) Facing Indian Creek Boulevard. Shall be constructed of masonry
and decorative iron S' in height.
(e) Electronic Guard Gates. Electronic guard gates shall be double entried (ingress
and egress). Construction shall be metal with a maximum height of nine feet (9').
Access for home owners shall be by card access or electronic vehicle sensitive tag;
visitors by electronic call box or a guard; exiting by pressure sensitive strips in the
pavement. Emergency personnel and law enforcement personnel will be by access
card or electronic vehicle sensitive tag or in case of access failure, emergency pull
box.
K. COMMON AREAS:
(a) All common areas, as identified on Exhibit B: PD Site Plan, shall be constructed
and landscaped by the Developer.
(b) Common Area landscaping and improvements shall be generally constructed in
accordance with Exhibit E: Conceptual Landscape Plan.
(c) Common Area maintenance shall be by "The Villas ofHogan's Glen"
Homeowners Association.
Villas nFHog¢n's Glen
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7!24/95
L. LANDSCAPING:
Landscaping and Sprinkler 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 (3 112) caliper inches.
Preservations of existing trees is encouraged and credit may be given toward the planting
requirements for trees preserved in a healthy condition.
M. UTILITIES: All utilities shall be underground. Electric transformers shall be pad
mounted and located at rear of Lots.
N. 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 Club, 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 Lot
shall be used for open storage of any materials whatsoever, except that new building
materials used for open storage of any materials whatsoever, 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
during the time of construction, so long as the construction progresses without
unreasonable delay, until completion of the improvements, after which the materials shall
either by 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.
O. 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,
however, that Developer reserves the exclusive right to erect, place 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.
Villas oFliogan's Glen
I'D Ordinance
Page 7
7124196
P. 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.
Q. EXTERIOR LIGHTING: Pole Lamps shall be a maximum of fifteen feet (15') in
height. Pole lighting 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.
R. PRIVATE STREETS:
(a) Maintenance Cost: The Villas ofHogan's Glen Homeowner's Association is
responsible for the cost of maintenance of private streets. The Town shall have no
responsibility for and shall not pay for any portion of the cost of maintaining a
private street.
(b) Maintenance Standards: Maintenance, amenities, and landscaping of private
streets shall conform to the same standards regulating the maintenance, amenities,
and landscaping of public streets.
(c) Retention of Easements: A utility, drainage, and emergency access easement
shall be retained in private streets by the Town and other utility companies:
(i) providing unrestricted use of the property for utilities and their
maintenance;
(ii) extending easement rights to all utility providers including telecable
companies operating within the Town;
(iii) providing the Town with the right of access for any purpose related
to the exercise of a governmental service or function, including but
not limited to fire and police protection, inspection and code
enforcement; and
(iv) permitting the Town to remove any vehicle or obstacle within the
private street lot that impairs emergency access.
(d) Town Assumption of Maintenance: The Town shall be the sole judge of
whether repairs to a private street are needed. If the Homeowner's Association,
its successors, or assigns, fail or refuse to adequately maintain private streets and
related appurtenances, the Town shall have the right, but not the obligation, to
assume temporarily the duty of performing the association's maintenance
obligations at any time after the expiration of sixty (60) days after receipt by the
association, its successors or assigns of written notice from the Town specifying
the nature and extent of the failure to maintain.
(i) Upon assuming such maintenance obligations, the Town shall have
the right to collect, when they become due, the assessments levied
Villas ofHogan's Glen
PD ordinance
7/24/96 Page 8
by the Homeowner's Association for the purpose of repairing and
maintaining the private streets and related appurtenances, and if
necessary, the Town shall have the right to enforce the payment of
delinquent assessments in the manner set forth in the association's
documents.
(ii) The Town shall also have the right to levy an assessment upon each
lot on a pro rata basis for the cost of such maintenance, which
assessment shall constitute an assessment lien upon the lot against
which each assessment is made.
(iii) Under no circumstances, shall the Town be liable to the association
or any lot owner or their respective heirs, successors or assigns for
negligent acts or Omissions relating in any manner to maintaining,
improving and preserving the private streets and related
appurtenances.
(e) Access Restrictions: The entrances to all private streets shall be marked with a
sign stating that it is a private street. Either a guard house or an access control
device such as a gate or cross arm shall be constructed at each entrance. All
restricted access entrances shall provide access to the subdivision by the Town and
other utility service providers with appropriate identification. If the association
fails to maintain reliable access as required to provide town services, the Town
shall have the right to enter the subdivision and remove any gate or device which is
a barrier to access at the sole expense of the association.
(1j Restricted Access Entrance Design Standards: Private streets which have
access controlled by a gate, cross arm, or other access control device shall
conform to the following requirements.
(i) The street must have a minimum uninterrupted pavement width of
15 feet at the location of the access control device and any
deviation in width from the Town standards shall receive. prior
approval of the Town's engineer.
(ii) If an overhead barrier is used, it shall have a minimum height above
the road surface as required by the Fire Code for fire lanes.
(iii) The design of all gates, cross arms and access control devices,
including automatic opening systems and manual backup systems,
shall be approved by the Fire Department before installation.
(g) Visitor Entrance Design Standards: At least one entrance to a subdivision with
private streets shall be equipped for visitor access. In addition to the above
Restricted. Access Entrance Design Standards, the visitor entrance shall be
equipped with a call or code box located at least 54 feet from the boundary of the
subdivision to provide for visitors calling in an automobile queuing. A turnaround
space with a minimum outside radius of 34 feet shall be located between any can
or code box and the access control device to allow vehicles denied access to safely
Villas ❑fHagan's Glen exit onto public streets in a "head out" position. A sign shall be erected next to the
PD Ordinance
7124/96 Page 9
edge of such turn around space to prohibit vehicle parking in such space. A
residents entrance used in combination with a visitor entrance shall comply with
the requirements of this paragraph.
(h) Resident Only Entrance Design Standards: In addition to the above Restricted
Access Entrance Design Standards, an access control device that requires residents
to use a key, card, code or sensing device to gain access shall setback internally a
minimum of SO feet from the boundary of the subdivision to provide for
automobile queuing; except, that resident entrances equipped with an electronic
opener that allows residents to remotely open the access control device and enter
the subdivision without having to stop are exempted from this requirement.
S. NON SPECIFIED REGULATIONS: Any regulation not specifically addressed herein
shall be in accordance with the current zoning laws of the Town of Trophy Club.
Villas of Hogan's Glen
PD Ordinance
7/24196 Page ltl
IT "
"THE VILLAS OF
HOGAN'S GLEN"
COVENANTS &
icESTRICTIONS
The Villas of Hogan's Glen I
Covenants & Restridions 7/24/96
DECLARATION OF COVENANTS AND RESTRICTIONS
"THE VILLAS OF HOGAN'S GLEN"
(A Residential Subdivision)
THE STATE OF TEXAS
COUNTY OF DENTON
THIS DECLARATION, made on the date hereinafter set forth by BECK PROPERTIES TROPHY CLUB,
L.P.,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 the values and amenities in such
property, and, to this end, desire to subject such property 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
VMEREAS, Declarant has deemed it desirable, for the efficientpreservation 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 has been incorporated under the laws of the 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
The following words, when used in this Supplemental Declaration (unless the content shall prohibit) shall have the
following meanings:
(a) "Association" shall mean and refer to the Homeowners Association, its successors
and assigns.
(b) `The Subdivision" shall mean and refer to The Villas of Hogan's Glen, and all
subsequent sections of the The Villas of Hogan's Glen Subdivision brought within the scheme of
this Declaration.
(c) `The Properties" shall mean and refer to the properties described in Article Ill
hereof which are subject to this Declaration.
(d) `Subdivision Plats" shall mean and refer to the map or plat of The Villas of Hogan's
Glen recorded in Cabinet , Page of the Plat Records of Denton County, Texas, or
any subsequently recorded replats thereof.
(c) `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.
The viiia of i-Iogan's Glen 2
Covenants & Restrictions 7/24/95
(f) `Living Unit" shall mean and refer to any single-family residential unit located an
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) `1Common Properties" shall mean and refer to all those areas of land within the
Properties as shown on the Subdivision Plats, except the Lots as shown thereon, together with
such other property as the Association may, at any 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 Declarant'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, Common Facilities may include, but are not
necessarily limited to, the following, streets, 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.
(1) `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 `Sall (any) Supplemental Declarations" shall be deemed to relate to the
respective properties covered by such Supplemental Declarations.
{i) ']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.
(k) `Member" and/or `Members" shall mean and refer to all those Owners who are
members of the Association as provided in Article N, Section 4 hereof, together with all the
Owners in The Subdivision who are members of the 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 II
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 thereon, and such Subdivisions and restrictions applicable to
The Villas of Hagan's Glen 3
Covenants & Restrictions 7/24/96
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. Cha.naes 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 held 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 on 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 in
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 easement it shall be expressly permissible for
the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service
lines, 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, no 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. Emeraency and 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 performance 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 themm 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 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 Subject 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 The Villas of Hogan's Glen being acres, approximately, out
of the Survey, Abstract , 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
The Villas of }Logan's Glen 4
Covenants & Restrictions 7/24!96
waive in each such conveyance, its right to use the surface of such land for exploration for or development of oil,
gas, and other minerals.
Section 3_ Additions_to-Existing-PropeML Additional lands may become subject to the scheme of this
Declaration in the following manner:
(a) Additions by Declarant: The Declarant, its successors and assigns, shall have the
right to bring within the scheme of this Declaration additional properties in future stages of the
development (including without limitation, subsequent sections of The Villas of Hogan's Glen
Subdivision and all or portions of other subdivisions being or to be developed by Declarant or
affiliated or subsidiary entities). Any additions authorized under this and the succeeding
subsection, shall be made by filing of record a Supplemental Declaration of Covenants and
Restrictions with respect to the additional property which shall extend the scheme of the
covenants and restrictions of this Declaration of such property. Such Supplemental Declaration
must impose an annual maintenance charge assessment on the property covered thereby on a
uniform, per Lot basis, substantially equivalent to the maintenance charge and assessment
imposed hereby (which may be related to Lots or Living Units, as appropriate), and may contain
such complementary additions and/or modifications of the covenants and restrictions contained
herein as may be applicable to the additional lands. Depending on the manner in which such
additional lands are developed ultimately, the services provided by the Association which relate
to the several sections (or portions thereof) in The Subdivision make use of the Common Property
and Common Facilities in The Subdivision to such additional lands and the Owners therein, may
approve Supplemental Declarations providing for maintenance charges and assessments on such
additional lands which differ in amount, basis or method of computation from that provided for
in this Declaration or other Supplemental Declarations.
(b) Other Additions. Upon the approval of the Board of Trustees of the Association, in
its sole discretion, the owner of any property who desires to add it to the scheme of this
Declaration and to subject it to the jurisdiction of the Association may file of record a
Supplemental Declaration of Covenants and Restrictions. upon the satisfaction of the conditions
specified in subsection (a) above.
(c) 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 the Homeowners Association.
Section 2. Purpose. 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.
The Villas of Hogan's Glen 5
Covenants & Resu fictions 7129196
Section 4. Members. Each Owner, whether one or more persons or entities, of a Lot or a Living Unit in
The Subdivision shall, 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 automatically 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 5. Voting �ghts. The Association shall have one class of voting membership: Members shall be
all the Members of the Association. Members shall be entitled to one vote for each Lot or Living Unit in The
Subdivision in which they hold the interest required for membership by this Declaration or any Supplemental
Declaration. When more than one person holds such interest or interests in any such Lot or Living Unit, all such
persons shall be Members, and the vote for such Lot or Living Units shall be exercised as they among themselves
determine, but, in no event, shall more than one vote be cast with respect to any such Lot or Living Unit.
ARTICLE V
Property Rights in the Common, Properties and Common Facilities
Section 1. Members' Easements of Enjoyment. 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 shall be appurtenant to and shall pass with
the title to each Lot or Living Unit in The Subdivisions.
Section 2. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall
be subject to the following:
(a) The right of the Association, in its discretion, to charge reasonable admission and other fees
for the use or maintenance of the 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, the number of
guests or invitees who may 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 easements 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 terms 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 enterlease 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
the payment of any maintenance charge assessment against his Lot or Living Unit; and to
suspend such rights for a 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 law or in equity on
account of any such default or infraction; and
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(e) The rights and easements existing, herein created or hereafter created in favor of others, as
provided for in Article II hereof, and in this Declaration and all Supplemental Declarations; and
(f) The restrictions as to use of the Common Properties provided for in Article LY 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 the members of his family, his tenants, or contract
purchasers who reside on his Lot or in his Living Unit. The terms `Member" is further defined to include and
refer to the executors, personal representatives and administrators of any Member, and all other persons, funis, 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 Iegal 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 held, 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, safety, 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 streets, shrubbery, trees, walkways, and the mowing and general maintenance of vacant Lots
in the Subdivision, and the constniction, 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 affifflated-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
allocate 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
scheme 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
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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 on 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 shall 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 ($ ) 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 S. 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 shall 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 hereafter assessed, shall 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 shall arise
annually and that same shall constitute present or future indebtedness, all of which shall be secured by the lien
created hereby.
Section 3. Unimproved 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 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 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 the 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 the 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 (50116) of the then existing full
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maintenance charge assessment for each Lot owned by them until a residential structure has been completed
thereon and has 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 (501A) of the full maintenance charge then assessed for the portion of the calendar
year remaining after the full maintenance charge becomes applicable, as herein provided, that prorata portion of
fifty percent (50%) of the full maintenance charge then assessed, which shall bear the same ratio to fitly percent
(50%) of such full maintenance charge as the number of foil calendar months remaining in such calendar year
bears to twelve (12). It shall be the duty of each such Owner to notify the Association at the 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
shall be for the balance of the calendar year in which it is due, or shall be payable in equal monthly installments
over the 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 payable to the Association in advance on January ist
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 the 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 determined pursuant to the terms 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 N0/100 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 fifty-one percent (511/o) of the Lots and
Living Units in The Subdivision if no meeting of the membership is held for ratification, or (ii) by the assent of
fifty-one (51%) of the votes 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 the vote of the Members must be given prior to the effective date of such resolution of the
Board of Trustees. No increase in the annual maintenance charge of assessment shall take effect retroactively.
If any resolution of the Board of Trustees which requires ratification by the assent of the 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 (601/6) of all the votes of the 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
(%) 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.
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
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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 shall thereupon be sent to every Owner subject thereto. The Association, shall, upon demand at
any time, furnish to any Owner liable for said assessment a certificate in writing signed by an 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 liens for taxes or special assessments Ievied by the Town, 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 filed 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 Iender 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 the 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 shall free any Lot from the 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 NonPayment of „Assessment. If any annual maintenance charge of assessment is not
paid within thirty (30) days from the due date thereof, the same shall bear interest from the due date until paid at
the highest interest rate allowed 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 the Association an additional reasonable amount, but not less than ten percent (101/o) of the amount owing,
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 the name of the Association and may be maintained and
prosecuted by the Association in a like manner as an action to foreclose the lien of a 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 deem proper for the collection of assessments and/or for
the enforcement and foreclosure of the liens securing the same.
B. Utility Standby Charge
No utility standby charge shall be due on Lots owned by the Declarant.
'Che Villas ofHagan's Glen 14
Covenants & Restrictions 7/24/96
ARTICLE VII .
Architectural Control Committee;
Architectural and Construction Control
Section 1. Architectural Control Committee. The Architectural Control Committee, hereinafter called
"the Architectural Control Committee" shall be composed of three (3) or more individuals selected and appointed
by Declarant. The Committee shall 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 the event of the death
or resignation of any Committee Member, the remaining Committee Members shall have full authority to designate
and appoint a successor. Each Committee Members shall neither be entitled to any compensation for service
performed hereunder nor be Iiable 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 time, 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 the Association shall 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 forward the intention of this Declaration. Standard Bulletins shall
cover minimum acceptable construction standard and specifications (including, without limitation, a limited
number of acceptable exterior materials and/or finishes), which shall constitute guidelines only and shall not be
binding upon the Architectural Control Committee or in any manner determinative of the approval or disapproval
by such Committee of submitted plans and specifications. The Standard Bulletins shall supplement the
Declaration and are incorporated herein by reference. -
Section 4. Approval of Plans
(a) No building, structure, fence, wall, 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 minimum 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 shall specify, in such form as the Architectural
Control Committee may 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 with thirty (30) days after 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 fiully 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, the Architectural Control Committee shall have the
right to specify a limited number of acceptable exterior materials and/or finishes that maybe used in the
construction, alteration and repair of any improvement on any Lot.
11c Villas of Hogan's Glen 11
Covenants & Restrictions 7/24196
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 shall 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 the 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 minimum 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 Architectural 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 shall 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 shall 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 attached appurtenance relative to and based on such submitted plans and
specifications and the proposed location of such structure on the Lot.
Section 7. Construction Requirements.
(a) Only new construction materials (except for used brick) shall be used and utilized in constructing
any structure situated on a Lot, unless the Architectural Control Committee shall expressly approve in writing the
proposed use of used construction materials. The exterior materials of all residential structures on all Lots shall be
of brick, stone or stucco, or, if the express prior written consent of the Architectural Control Committee is
obtained, cedar, redwood, pine, spruce, cypress or other wood materials; however, no exterior construction shall 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 coveted by paint, wallpaper,
paneling, or the like, and all floors covered by wood, carpet, file or other similar floor covering) 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 foundation forms are set.
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Covenants & Restrictions 7/24/96
(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, shall 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
Buildinz and Use Restrictions
Section 1. Residence Building and Garages. 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 therefore is completed. Each single family residence situated on a Lot shall
have an enclosed, attached or detached garage for not less than two (2) nor mare than four (4) automobiles. No
garage shall be constructed so as to face the Golf Course under any circumstances. No detached garage shall have
more than two (2) stories. No carport shall be built; placed, constructed or reconstructed 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 shall, 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 same 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,
i 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
Section 3. Minimum Lot Area. Lots may be resubdivided if (any only it) such subdivision results in each
resubdivided Lot containing not less than seven thousand two hundred (7,200) 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 resubdivided 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 seven thousand two hundred (7,200) 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 ofor 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 within 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 (2 112) stories. No residential structure with a net living area of less than 2,500 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 b. Building Location. No structure shall be located on any Lot between 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 ten (10) feet to one interior Lot line and zero (0) feet on the
opposite interior Lot line. No main residential structure shall be located on any Lot nearer than ten (10) 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
The Villas of Hogan's Glen 13
Covenants & Restrictions 7124196
access from the front of the Lot upon which it is situated; provided that, in the sole discretion of the ArchitectmalE
Control Committee, such access may be from the front or side of corner Lots; and further provided that no garage
or other permitted accessory building on any Lot shall open toward or have access from the direction of the rear
Lot lines of the Golf Course. 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 and open porches shall not be considered as a part of the building, provided, however, 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 easement.
With respect to Golf Course Lots, no building, patio, deck, terrace or other similar open porch, swimming
pool, or structure of any kind, artificially surfaced area shall be located nearer than ten (10) feet from the rear Lot
Hue (or any other interior Lot line which abuts and parallels any portion of the Golf Course).
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 will be located at least fifty (50) 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. Garhaize Disposal. Each kitchen in each residential structure on any Lot shall be equipped
with a garbage disposal unit, which garbage disposal shall at all canes be kept in an operational condition.
Section 9. Roofing. The approved roofing material shall be clay tile, 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 the 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.
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 on 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 Iocation shall be restricted so as to be hidden from
sight, when viewed from any street or the Golf Course.
Section 12, Walls, Fences and Hedges.,No walls, fences or hedges shall be erected or maintained nearer
to the front Lot line than the front wall of the structure situated on such Lot. All side or rear fences and walls must
be at least six (6) feet in height, unless otherwise approved in writing by the Architectural Control Committee.
Fences on Golf Course Lots (along or adjacent to and basically parallel to the rear Lot lines of the Golf Course
Lots) shall be (i) constructed of see through ornamental iron and be six (6) feet in height or less. No wood fence
shall be visible from the street.
No chain link fences shall be permitted.
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 wail thereafter. In the event of default
on the 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 to be repaired or
maintained or to take any other 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
The Villas of Hogan's Glen 14
Covenants & Restrictions 7/24196
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 personalobligation of the Owner of such Lot at the time such chargee is incurred. The lien securing
such charge 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 on account of
the purchase price and/or improvement of any such Lot
Section 13. Temporary and Other Structures. 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 shall be constructed with expansion
joints not more than twenty feet apart, with one joint at the back of the street curb. The width of each driveway
shall flair and the curb shall be cut in such a manner that the driveway shall be a least six (6) inches thick at its
end toward the street paving, and this extreme shall be poured against a horizontal form board to reduce the
unsightly appearance of a raveling driveway. Driveway surface to be exposed aggregate or stamped and colored
concrete.
Section 15. Landscaping. Before any landscaping shall be done in the front of any newly constructed
residential structure, the landscape layout and plans must be first approved by the Architectural Control
Committee. 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.
Section 16. Exterior Chimneys. All exterior exposed fireplace structures shall be masonry clad with the
same material as the residence. No metal chimney cap shall 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 shall be placed or maintained upon or in any
Lot, or any other portion of the Properties.
Section 14. 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 20. 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 this Section 5.
are expressly transferred, shall own any portion of the Properties, no sign of any kind shall be displayed to the
public view on any Lot or the Common Properties except:
The Villas ofHogan's Glen is
Covenants & Restrictions 7124146
(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 five (5) square feet on a Lot improved with a
residential structure to advertise the Lot and residence for sale or rent.
Section 21. Nuisance_ No noxious or offensive activity shall be carried on or permitted upon any Lot or
upon the Common Properties, nor shall anything be done thereon which may be or become an annoyance or
nuisance to the neighborhood or to other Owners. The Board of Trustees of the Association shall have the sole and
exclusive discretion to determine what 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 an any street, except passenger cars and trucks
smaller than three-quarters of a 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 shall be done or permitted on any Lot (except inside a closed garage), street, or any
portion of the Common Properties. The use of discharge of firearms, airguns, 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, shall constitute a nuisance.
Section 22. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
Lot or on any portion of the Common Properties, except that dogs, cats, or other common household pets (not to
exceed three (3) adult animals) may be kept, but they shall not be bread or kept for commercial purposes. Any
dogs, cats or other common household pets that may be kept on the premises of any Lot, shall, upon Ieaving 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 nm loose in the Common Properties, streets, the Golf Course, 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. All trash,
garbage, or waste matter shall be kept in adequate containers constructed of metal, plastic or masonry materials
with tightly -fitting lids, which shall be maintained in a clean and sanitary condition and screened from public
view. 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 There is hereby
reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be
through public authority or through private garbage disposal service. 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 Iiens, 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.
The Villas of Hogan's Glen 16
Covenants & Restrictions 7/24196
Section 24. Lot Maintenance. The Owners or occupants of all Lots shall at all times keep all weeds and
grass thereon cut in 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 permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon. The
drying of clothes in full public view is prohibited, and the Owners or occupants of any Lots at the intersection of
streets or adjacent to parks, playgrounds, the Golf Course, or other facilities where the rear yard or portion of the
Iot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the
following from public view:
the drying of clothes, yard equipment, woodpiles or storage piles which are incident to the
normal residential requirements of a typical family.
In the event of default on the part of the 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
Us 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 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. Each such assessment;
together with interest thereon at the rate of ten percent (10%) 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.
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, lowers, 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 land 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 16. next above.
The Villas of Hogan's Glen 17
Covenants & Restrictions 7/29/95
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 K except
to the extent same are made specifically applicable to the Common Properties.
Section 3 I. Retaining Walls. Retaining walls may be constructed to achieve even grades for landscaping,
pools, driveways or house foundations, any such retaining wail must be uniform in height with a flat top and must
be constructed of compatible masonry materials approved by the Architectural 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 wall surface above the garage doors shall be masonry
to match the residence.
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 of not less than ninety percent (90%) of
the Lots in the Properties and approved by the Town Council of the Town of Trophy Club 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, 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 approved by the Town Council of the Town of Trophy Club 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 shall 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 time and
from time to time, 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 affect the vested property or other rights of any Owner
or his mortgagee.
Section 4. Interpretation. 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
herefrom, 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.
The Villas of Hogan's Glen is
Covenants & Restrictions 7124196
Section 6. 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 S. 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 shall remain in full force and effect
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 the 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 withh 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 perform 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.
The Villas of Hogan's Glen 19
Covmnis & Restrictions 7124196
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CONSTRUCTION SCHEDULE
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TR\/M: OCTOBER 1996 - OCTOBER 1997
EVENT: LOTS 1- 26 WITH ALL UTILITIES, STREET
PAVING, STREET SIGNAGE, CREEK
CROSSING AND ENTRY PAVING
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TEME: NOVEMBER 1997 - JUNE 1998
EVENT: ENTRY FEATURE AND PEREMETER WALL
FACING INDIAN CREEK BOULEVARD
Note: Construction Schedule is contingent upon QU approvals ofzoning=
_plattin2 and construction permitting.