ORD 1996-09TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 96-09
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 MAP OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED
AS A 23.5304 ACRE TRACT OF LAND GENERALLY
KNOWN AS THE KNOLL AND AS DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN, FROM ITS CURRENT ZONING OF R-15 SINGLE
FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT
#15 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 #16 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 23.5304 acre
tract of land generally known as The Knoll 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 Zoping
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,
DOC N: 394513
the fire hazards and other dangers possibly present and the securing of safety from the same,
lighting and type of signs and the relation of signs to traffic control and adjacent property, street
size and adequacy of width for traffic reasonably expected to be generated for proposed 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 Comprehensive Land Use Plan;
and
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 classified 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, TEXAS:
Section 1. Incorporation of premises. The above and foregoing premises are true and
correct and are incorporated herein and made a part hereof for all purposes.
Section 2. 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 23.5304 acre tract of land described in Exhibit
"A" attached hereto and incorporated herein, heretofore zoned R-15 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 is , " " B , itand
C," each of which Exhibits is incorporated herein for all purposes), all applicable parts of
DOC f1: 394513
the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations
of the Town.
Section 3. Site plan. 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. Zoning _map, 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. Development conditions. In carrying out the development of the Land in
accordance with this Ordinance, the Development 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 ") in a form to be
approved by the Town and to which the Town may be made a party for certain purposes.
Section 7. Applicable regulations. 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 8. P_ urpose. 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 be
fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation occurs or
continues.
Section 11. Severability. The sections, paragraphs, sentences, phrases, clauses and
words 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 11: 394513
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 12. Effective slate. This Ordinance shall become effective from and after its date
of adoption and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the —ist day of , 1996.
ATTEST:
r
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
wn Att ey,
Town of Trophy Club, Texas
DOC €l: 394513
SINGLE FAMILY RESIDENTIAL
PLANNED DEVELOPMENT
ZONING ORDINANCE
FOR
THE 23.53 ACRE TRACT
THE KNOLL AT TROPHY CLUB
TROPHY CLUB,
DENTON COUNTY
TEXAS
Presented To The
TOWN OF TROPHY CLUB
TROPHY CLUB, TX
11811USLIM
"The Knoll"
PD Ordinance page 1
7110196
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9 jlll� Will I
011, F6
"i'own of Trophy
100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262
APPLICATION FOR ZONING CHANGE
CASE NO.
PROPOSED AMENDMENT:
PRESENT ZONING R-15 _ PRESENT USE
REQUESTED ZONING PD INTENDED USE SINGLE FAMILY RESIDENTIAL
LEGAL DESCRIPTION OF PROPERTY:
PLATTED PROPERTY: Lot Section Addition
UNPLATTED PROPERTY: Survey Name THE KNOLL, A- MEDLIN 832 , Acres 23.9304
*Note: If property is not platted, attach metes and bounds description.
OWNERSHIP/APPLICANT INFORMATION:
Name of Owner/Applicant BECK PROPERTIES TROPHY CLUB, L.P.
Address 100 TROPHY CLUB DRIVE, TROPHY CLUB, TX 76262 Phone 430-8992
Signature of Applicant
FOR TOWN USE
Submission of Application Fees:
$ Receipt No.
Date
EVENTS DATE ACTION REMARKS
Preliminary Hearing - P & Z
Public Hearing - P & Z
Public Hearing - Council
Ordinance - 1st Reading
Ordinance - 2nd Reading
Ordinance - 3rd Reading
Effective Date After Publication
Recorded on Zoning Map
TABLE OF CONTENTS
LOCATION MAP
APPLICATION
SINGLE FAM LY RESIDENTIAL PLANNED DEVELOPMENT ZONING ORDINANCE
I. EXHIBIT A: LEGAL DESCRIPTION
II. EXHIBIT B: PD SITE PLAN
M. EXHIBIT C: DEVELOPMENT STANDARDS AND SINGLE FAMILY
HOUSING REGULATIONS
A. GENERAL PURPOSE
B. USES GENERALLY
C. BUILDING PERMIT REQUIRE MENTS
D. HEIGHT REGULATIONS
E. AREA REGULATIONS
F. GARAGES
G. CONSTRUCTION REGULATIONS
H. DRIVEWAYS AND WALKWAYS
L SPECIAL PAVING
J. FENCES / WALLS / RETAINING WALLS
K. COMMON AREAS
L. LANDSCAPE
M. UTILITIES
N. TRASH RECEPTACLES AND COLLECTION
O. ANTENNA REGULATIONS
P. TEMPORARY STRUCTURES AND VEHICLES
Q. SIGNS
R. EXTERIOR LIGHTING
IV. EXHIBIT D: DRAFT OF PROPOSED COVENANTS, CONDITIONS AND
RESTRICTIONS
V. EXHIBIT E: CONCEPTUAL LANDSCAPE PLAN
VI. EXHIBIT F: CONSTRUCTION SCHEDULE
"The Knoll"
PD Ordinance Page 2
7110196
EXHIBIT "A"
LEGAL DESCRIPTION
THE KNOLL
BEING a 23.5304 acre tract of land situated in the M. MEDLIN SURVEY, Abstract No. 832 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 Denton County Clerks File Number 93-R0087516, Denton County Texas, and being part
of Greenhill Drive, and addition to the City of Trophy Club, as recorded in Cabinet E, Slide 99, Plat
Records, Denton County, Texas, and being more particularly described as follows:
COMMENCING at the Northeast corner of Lot 1464 of Trophy Club Section 11, an addition to the City of
Trophy Club as recorded in Cabinet B, Slide 239, Plat records, Denton County, Texas, said point being in
the Southern line of a tract of land described to Cobblestone Texas, Inc. by Deed recorded in Denton
County Clerks File Number 93-80087511, Denton County Texas, and also being in the Westerly line of
Greenhill Drive I a variable width Right -of -Way) and being at the beginning of a curve to the right whose
chord bears North 09'25'04" West, 69.97 feet;
THENCE in a Northerly direction along the Westerly line of said Greenhill Drive, the following courses and
distances, to -wit:
Along said curve to the right having a central angle of 6°09'32", a radius of 651.25 feet, and an
arc length of 70.00 feet to a point for corner at the beginning of a curve to the right whose chord
bears North04'49'24" West, 100.94 feet;
In a Northerly direction along said curve to the right having a central angle of 3001'51 ", a radius
of 1908.49 feet, and an arc length of 100.96 feet to a point for corner;
In a Northerly direction along said curve to the left having a central angle of 12°22'58", a radius
of 653.82 feet, and an are length of 141.30 feet to the POINT OF BEGINNING, being in the
westerly line of Greenhill Drive as recorded in Cabinet E, Slide 99, Plat Records, Denton County,
Texas;
THENCE along the line of said Cobblestone Texas, Inc. tract the following courses and distances, to -wit:
North 63021'39" West a distance of 214.79 feet to a point for corner;
North 69°52'57" West a distance of 135.06 feet to a point for corner;
North 60037'40" West a distance of 147.88 feet to a point for corner;
South 87°32'28" West a distance of 102.33 feet to a point for corner;
South 67° 14'10" West a distance of 232.14 feet to a point for corner;
North 00°46'14" East a distance of 199.89 feet to a point for corner;
North 55°33'46" East a distance of 415.44 feet to a point for corner;
North 31 000'35" East a distance of 267.12 feet to a point for corner;
North 25°04'50" East a distance of 159.38 feet to a point for corner;
North 43059'53" East a distance of 165.55 feet to a point for corner;
South 81 °33'09" East a distance of 363.63 feet to a point for corner;
South 49°23'30" East a distance of 312.86 feet to a point for corner;
South 32°54'17" East a distance of 340.15 feet to a point for corner;
South 29°08'40" East a distance of 406.99 feet to a point for corner;
South 80°34'00" West a distance of 156.98 feet to a point for corner;
South 72°50'16" West a distance of 340.71 feet to a point for corner;
South 85°42'28" West a distance of 310.92 feet to a point for corner;
South 8936'44" West a distance of 91.27 feet to the POINT OF BEGINNING and containing
23.5304 acres of land, more or less.
i
EXHIBIT "B"
PD SITE PLAN
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DEVELOPMENT STANDARDS
SINGLE FAIVIILY REGULATIONS
A. GENERAL PURPOSE: The purpose of this PD Ordinance is to allow single family
detached dwellings on lots of not less than fifteen thousand (15,000) square feet together
with allowed incidental and accessory uses, in order to provide a viable and compatible
neighborhood for the Town of Trophy Club.
The Knoll at Trophy Club is a private, gated, residential neighborhood surrounded by 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 site fines of the streets are integrated into a
unified residential plan which focuses externally on the golf course and internally on a park
located at the high point of The Knoll.
The purpose for the PD Ordinance Guidelines is to establish a framework for development
which provides for the protection of the project character. Enforcement of the design
guidelines will insure the protection of the design intent and will optimize property values.
S. USES: In "The Knoll" 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.
"The Knoll"
PD ordinance Page 3
7/10/96
C. BUTLDING PERMIT RE IUTREMENTS: 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.
D. HEIGHT 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
fifteen thousand (15,000) 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 forty-five (45%)
percent of the total lot area. Swimming pools and spas are not included in
determining maximum building coverage.
4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be 3,500 square feet.
5. Depth of Front Yard: 25 foot minimum.
6. Depth of Rear Yard: 20 foot minimum.
7. Depth of Rear Yard on Golf Course: 25 foot minimum.
8. Width of Side Yard: (On Each Side) 10 foot minimum.
9. Width of Side Yard Adjacent To Side Street: 15 foot minimum.
10. Width of Lot: 90 foot minimum.
11. Depth of Lot: 100 foot minimum.
G. GARAGES:
1. A detached garage, used to meet the minimum off street parking requirement, shall
be permitted as an accessory use in a residential district. Said garage shall have a
minimum interior dimension of twenty-one (21) feet side to side by twenty-two
(22) feet front to back. Said garage shall also be constructed so as to
accommodate the enclosed parking of at least two (2) automobiles.
"Mr Knoll„
PD Ordinance Page 4
7110196
2. A detached garage, which is provided in addition to the required two (2) car
garage, shall be permitted as an accessory use in a residential district.
3. Any detached garage 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 if the garage sits back at least fifty (50) feet from
the front property line of a residential lot.
5. Any garage structure, provided in addition to the required two (2) car garage, shall
have a minimum interior dimension of 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 Knoll will have not less than eighty
(80%) percent masonry coverage.
Three hundred (3 00) pound, 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, Common
Properties or adjoining Lots.
(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 streets shall be
constructed of exposed aggregate or stamped and colored concrete.
"The Knoll'
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7/14/96
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 CIub.
I FENCES / WALLS / RETAINING WALLS: Retaining walls shall be restricted to
structurally engineered and designed walls constructed or veneered with masonry to match
the residence.
(a) Front Yard Fencing. Fencing will be allowed to extend from the front building
line of a dwelling to the side property lines. All fencing shall be masonry, identical
to the type of construction used on the residence located on such Lot or
ornamental iron. All gates shall be ornamental iron.
(b) Side Yard Fencing. Fencing between Lots may be of wood material, provided
that such wood fence is a clear grade cedar, has slats six (6) inches wide which are
installed vertically, (not horizontally or diagonally) is no higher than six (6) feet
and is not visible from the street.
(c) Side or Rear Yard Fencing Visible from the Street. Fencing shall be
constructed as noted in Subparagraph (a).
(d) Perimeter Fence Facing Golf Course. Perimeter Fences shall be constructed of
decorative iron with native stone columns at each property corner.
(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 ff ).
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 Knoll" Homeowners Association.
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
"The Knoll"
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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 CIub, Texas, in connection with the storage and removal of trash and garbage. All
Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall
be used or maintained as a dumping ground for garbage, trash, junk or other waste matter.
All trash, garbage, or waste matter shall be kept in adequate containers approved by the
Town of Trophy CIub, 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. ANTENNA REGULATIONS: No radio or television aerial wires, towers or antennas
shall be maintained on the outside of any building nor shall any free standing antennas of
any style be permitted. All radio or television aerial wires, towers or antennas must be
built within the main structure and must not be visible from outside of such structure.
P. 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
"The Knoll,
PD Ordinance
Page 7
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conventional automobile shall, if brought within the Properties, be stored, placed, or
parked within the garage of the appropriate Owner.
Q. 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.
R 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.
"Tile Knoll"
PD Ordinance Page 8
7110196
I IT "D"
t
COVENANTS &
RESTRICTIONS
DECLARATION OF COVENANTS AND RESTRICTIONS
"THE KNOLL"
(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
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and
amenities in The Subdivision, to delegate and assign the powers of maintaining and administering the
Common Properties and Common Facilities in The Subdivision (as such terms are defined herein) and
administering and enforcing the assessments and charges created hereinafter and in all Supplemental
Declarations; and
WHEREAS, a non-profit corporation 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 `bovenants and restrictions')
hereinafter set forth.
ARTICLE I
Definitions
The following words, when used in this Supplemental Declaration (unless the context shall prohibit) shall
have the following meanings;
(a) "Association" shall mean and refer to the Homeowners Association, its
successors and assigns.
(b) `The Subdivision" shall mean and refer to The Knoll, and all subsequent
sections of the The Knoll Subdivision brought within the scheme of this Declaration.
(c) `The Properties" shall mean and refer to the properties described in Article
iii hereof which are subject to this Declaration.
(d) "Subdivision Plats" shall mean and refer to the map or plat of The Knoll
recorded in Cabinet , Page of the Plat Records of Denton County,
Texas, or any subsequently recorded replats thereof.
(e) `Lot" and/or `Lots" shall mean and refer to each of the lots shown upon the
Subdivision Plat or as may be shown on any replat thereof. References herein to the
`the Lots (each Lot) in The Subdivision" shall mean and refer to Lots as defined
respectively in this Declaration and all Supplemental Declarations.
(f) `Living Unit" shall mean and refer to any single-family residential unit
located on property which as been brought within the plan of this Declaration.
References to Living Units herein shall not be deemed to permit the use of any Lot in
The Subdivision for any purpose other than single-family residential purposes.
References herein to `The Living Units in the Subdivision" shall mean and refer to
Living Units as defined respectively herein and in all Supplemental Declarations.
(g) `'Common Properties" shall mean and refer to all those areas of land within
the Properties as shown on the Subdivision Plats, except the Lots and the streets as
shown thereon, together with such other property as the Association may, at 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; 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 `tile 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 `tail (any) Supplemental
Declarations" shall be deemed to relate to the respective properties covered by such
Supplemental Declarations.
0) `Owner" shall mean and refer to the record owner, or if such Lot is subject
to a term purchase contract with Declarant, to the contract purchaser, whether one or
more persons or entities, of the fee simple title to any Lot situated upon the Properties,
but, notwithstanding any applicable theory of mortgage, shall not mean or refer to any
mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or
any proceeding in lieu of foreclosure. References herein to `the Owners" (any Owner)
in The Subdivision" shall mean and refer to Owners as defined respectively in this
Declaration and all Supplemental Declarations. In one or more Supplemental
Declarations `Owner" may be defined by reference to ownership of a Living Unit, in
addition to or instead of by reference to the ownership of a Lot.
(k) `Member" and/or `Members" shall mean and refer to all those Owners
who are members of the Association as provided in Article IV, Section 4 hereof,
together with all the Owners in The Subdivision who are members of 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 11
Easements
Section 1. Existing Easements. The Subdivision PIat 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 Properties. Further, Declarant in title has heretofore granted, created and
dedicated by recorded instruments, certain other easements and related rights affecting the Properties. All
dedications, limitations, restrictions and reservations shown on the Subdivision Plat and all grants and
dedications of easements and related rights heretofore made by Declarant in title affecting the Properties
are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set
forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance
executed or to be executed by or on behalf of Declarant conveying any part of the Properties.
Section 2. Changes and Additions. Declarant reserves the right to make changes in and
additions to the above easements for the purpose of most efficiently and economically installing the
improvements.
Section 3. Title to Easements and Appurtenances Not Conveyed. Title to any Lot conveyed by
Declarant by contract, deed, or other conveyance shall not be 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 casement 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. Emergency 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 them or either of them, or their respective agents, employees, servants or assigns, to any
of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation
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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
Propertv Subiect 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 Knoll 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 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 Property. 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
Eagles Ridge 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 diger 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.
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(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 five (5) member Board of Trustees,
which shall manage the affairs of the Association.
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 Rights. 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 Eniovment. 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 of the recreational Common Facilities, and to make, publish, and
enforce reasonable rules and regulations governing the use and enjoyment of the
Common Properties and Common Facilities or any part thereof, all of which reasonable
rules and regulations shall be binding upon, complied with, and observed by each
Member. These rules and regulations may include provisions to govern and control the
use of such Common Properties and Common Facilities by guests or invitees of the
Members, including, without limitation, 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
enter lease agreements or concession agreements granting Ieasehold, 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
(e) The rights and easements existing, herein created or hereafter created in favor of
others, as provided for in Article H hereof, and in this Declaration and all Supplemental
Declarations; and
(f) The restrictions as to use of the Common Properties provided for in Article IX
hereof.
Section 3. Delegation of Use. Any Member may delegate his right of use and enjoyment of the
Common Properties and Common Facilities in The Subdivision, together with all easement rights granted
to Members in this Declaration and all Supplemental Declarations, to 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, firms, or corporations acquiring or succeeding to the title of the Member
by sale, grant, will, foreclosure, execution, or by and legal process, or by operation of law, or in any other
legal manner.
ARTICLE VI
Assessments and Charges
A. Annual Assessments
Section 1. The Maintenance Fund. All finds 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 maintainted by the Association, such as shrubbery, trees,
walkways, and the mowing and general maintenance of vacant Lots in the Subdivision, and the
construction, repair, maintenance and replacement of properties, services, improvements and facilities
devoted to such purposes and related to the use and enjoyment of The Subdivision by the Members.
In the event Declarant shall designate Common Facilities for the use and benefit of all the
Owners in The Subdivision which are situated on property owned by Declarant (or affiliated or subsidiary
entities) but which then has not been brought within the scheme of this Declaration, the Association shall
have the right and authority to 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 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 5. below.
Each Owner of a Lot, by his claim or assertion of ownership or by accepting a deed to any such
Loi, 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,
ten percent (10%) of the then existing full maintenance charge assess .
Section 3. Unimproved Lots Owned b larant or Builders. Declarant and builders shall pay
meat 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 ninty percent (90%) 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 (50%) of the then existing full
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 (50°1x) 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 (501/1o) of the full maintenance
charge then assessed, which shall bear the same ratio to fifty percent (50%) of such full maintenance
charge as the number of full calendar months remaining in such calendar year bears to twelve (I2). 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 1st each year, or in twelve (12) equal monthly
installments over such year, at the election of the Board of Trustees of the Association. Provided,
however, that, upon 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 NO1100 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 (51%) 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 (600/0) 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 ('/z) the required quorum at the preceding
meeting, provided that such reduced quorum requirement shall not be applicable to any
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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 assessment period and shall, at that time, prepare a roster of the properties and
assessments applicable thereto which shall be kept in the off -ice 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 S. 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,
hercinabove 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 levied by the City, County, and
State governments, or any political subdivision or special district thereof, and
(b) all liens securing amounts due or to become due under any term Contract of
Sale dated, or any mortgage, vendor's lien, or deed of trust 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 lender to an Owner for any
part of the purchase price of any Lot when the same is purchased from a builder or for
any part of 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 Non -Payment of Assessment. If any annual maintenance charge of
assessment is not paid within thirty ( 3 0 ) 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 (10%) 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 Iike 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
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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.
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 liable for claims, causes of action or damages
(except where occasion by gross negligence or arbitrary and capricious conduct) arising out of service
performed pursuant to this Declaration.
Section 2. Transfer of Authority to the Association. The duties, rights, powers and authority of
the Architectural Control Committee constituted hereby may be assigned at any 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
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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 fully complied
with; provided, however, that the failure of the Architectural Control Committee to approve or disapprove
such plans and specifications within such thirty (30) day period shall not operate to permit any structure to
be commenced, erected, placed, constructed or maintained on any Lot in the Properties in a manner
inconsistent with any provision of this Declaration. Without limitation of the powers herein granted, the
Architectural Control Committee shall have the right to specify a limited number of acceptable exterior
materials and/or finishes that may be used in the construction, alteration and repair of any improvement
on any Lot.
The Architectural Control Committee also shall have full power and authority to reject
any plans and specifications that do not comply with the restrictions herein imposed to
meet its minimum construction requirements or architectural design requirements that
might not be compatible, in the sole discretion of the Architectural Control Committee,
with the design or overall character and aesthetics of the Properties.
(b) The Architectural Control Committee shall have the power and authority to alter and
amend requirements as to design of buildings and materials to be used in the construction thereof for any
Lot or Lots, provided that such authority 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 Iaw 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,
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the elevation above mean sea Ievel 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 covered
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.
(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.
ARTICLE VIII
Building and Use Restrictions
Section 1. Residence Building and Garages. No building or other stricture shall be built, placed,
constructed, reconstructed, or altered on any Lot other than a single fancily 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 three (3)
nor more than four (4) automobiles. No garage shall be constructed so as to face the street or 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
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to prohibit specifically, but without limitation, the use of Lots for duplex apartments, garage apartments or
other apartment use. No Lot shall be used or occupied for any business, commercial, trade, or
professional purpose either apart from or in connection with the use thereof as a private residence,
whether for profit or not.
Section 3. Minimum Lot Area. Lots may be resubdivided if (any only if) such subdivision
results in each resubdivided Lot containing not less than 15,000 square feet of land. Provided, however,
Declarant shall have and reserves the right, at any time to file a replat of the Subdivision Plat or Plats to
effect a resubdivision or configuration of any Lots in the Properties then owned by Declarant, so long as
such results in each resubdivided Lot containing not less than 15,000 square feet of land. The privilege to
replat Lots in The Properties owned by Declarant reserved in this Section 3. shall be exercisable only by
Declarant or any successor or Declarant's ownership of such Lots who acquires such ownership other than
by purchase, and such privilege shall not be exercisable by, inure to the benefit of, or be assignable to any
purchaser from Declarant or from any successor or assign of Declarant, of any Lot in The Properties.
Section 4. Combining Lots. Any person owning two or more whole Lots which are adjoining
may, with the prior approval of the City of Trophy Club and the Architectural Control Committee
consolidate such Lots into a single building location for the purpose of constructing one (1) residential
structure thereon (the plans and specifications therefore being approved as hereinabove set forth) and such
other improvements as are permitted herein. Any such consolidation shall give consideration to
easements and setbacks lines as shown on and provided for in the Subdivision Plat, and any required
abandonment or relocation of any such easements and setback lines shall require the prior written
approval of the Architectural Control Committee and the City of Trophy Club as well as the prior written
approval of any utility company having the right to the use of such easements. Combining of portions of
Lots into a single building site is prohibited.
Section 5. Size of Residences. No residential structure erected on any Lot shall have more than
three (3) stories. No residential structure with a net living area of less than 3,500 square feet exclusive of
the area of attached garages, porches, servant's quarters, or other appurtenances or appendages, shall be
erected on any Lot. No residential structure with a net living area of less than 3,500 square feet exclusive
of the area of garages, porches, servant's quarters, or other appurtenances or appendages, shall be erected
on any Golf Course Lots.
The Architectural Control Committee may approve a deviation from or waiver of the minimum
square footage requirement set forth herein, if the minimum as set out above is impractical, unreasonable
or causes unusual construction problems because of the terrain of the particular Lot, or if in the sole
opinion of the Architectural Control Committee the aesthetics of the particular building structure coincide
with and complement the harmonious development of The Properties.
Section 6. 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 any interior
Lot line. No main residential structure shall be located on any Lot nearer than hventy (20) feet to any rear
Lot line. Unless otherwise approved in writing by the Architectural Control Committee, each main
residence shall face the front Lot line of the Lot upon which it is situated. Each garage shall be provided
with a driveway access from the front of the Lot upon which it is situated; provided that, in the sole
discretion of the Architectural Control Committee, such access may be from the front or side of corner
Lots; 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.
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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 line (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. Garbage Disposal, Each kitchen in each residential structure on any Lot shall be
equipped with a garbage disposal unit, which garbage disposal shall at all times be kept in an operational
condition.
Section 9. Roofing. The approved roofing material shall be clay tile, 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 City 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" diamater 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 location 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 wail, fence or hedge for such purpose is hereby reserved in favor of Declarant, its successors and
assigns) shall pass with title to such Lot and it shall be the Owner's responsibility to maintain said wall
thereafter. 1n 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 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
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thereof. The amount of such charge, together with interest thereon at the rate of ten percent (10%) per
annum and reasonable costs of collection, shall be a charge and continuing lien upon such Lot, as well as
the continuing personal obligation of the Owner of such Lot at the time such charge is incurred. The lien
securing such charge shall be second, subordinate and inferior to 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 Iast 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 Comrnittee. 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 19. Mail Deposit Receptacles, The Architectural Control Committee reserves the right
to approve the type, design and installation of any mail delivery boxes or mail deposit receptacles.
Section 20. Suns, 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
17
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:
(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 on 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, shahs, upon leaving or being taken from said Lot, be restrained in the care, custody and control
of the pet's owner by a leash, rope, chain or other device, and shall not be allowed to run loose in the
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
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submitting a statement setting forth the cost of such work to the Owner of such Lot. The Owner agrees by
the purchase or occupancy of such Lot to pay such statement immediately upon receipt thereof. Each such
assessment, together with interest thereon at the rate of ten percent (10%) per annum and reasonable costs
of collection, shall be a charge and continuing lien upon such Lot, as well as the continuing personal
obligation of the Owner of such Lot at the time of such assessment. The lien securing such assessment
shall be second, subordinate and inferior to all liens, present and future, given, granted and created by or
at the instance or request of the Owner of any such Lot to secure the payment of monies advanced or to be
advanced on account of the purchase price and/or improvement of any such Lot.
Section 24. Lot Maintenance. The Owners or occupants of all Lots shall at all times keep all
weeds and grass thereon cut 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 lot 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, DecIarant
or its successors and assigns may, at its option, without liability to the Owner or occupant in trespass or
otherwise, enter upon said Lot and cause to be cut such weeds and grass or do any other thing necessary to
secure compliance with this Declaration in order to place said Lot in a neat, attractive, healthful and
sanitary condition, and may charge the Owner or occupant of such Lot for the cost of such work, by
submitting a statement setting forth 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°/6) 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, flowers,
improvements, fences, walks, sidewalks, driveways, or buildings of any type or the contents thereof on any
Lot whatsoever in the Subdivision caused by any water levels, rising waters, or drainage waters. No
Owner shall do anything to cause or which causes the interruption or alteration of the planned drainage of
the Properties as prescribed by Declarant or by anyone acting for Declarant in this particular matter.
Section 27. Access. No driveways or roadways may be constructed on any Lot to provide access
to any, adjoining Lot or other portion of the Properties unless the express written consent of the
Architectural Control Committee first shall have been obtained.
Section 28, Oil Water and Mining Operations. No water well drilling, no oil drilling or
development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon
or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any
19
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 easements, 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.
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 IX, except to the extent same are made specifically applicable to the Common Properties.
Section 31. Retaining Wails. Retaining walls may be constructed to achieve even grades for
landscaping, pools, driveways or house foundations, any such retaining wall must be uniform in height
with a flat top and must be constructed of compatible masonry materials approved by the Architectura
Committee, which shall be consistent with the overall appearance of the residential dwelling. No
railroads ties or Iandscape 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 legal 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 properly recorded into the
appropriate records of Denton County, Texas. Upon the expiration of such initial term, all of the
covenants and restrictions of this Declaration (as changed, if changed), and the enforcement rights
relative thereto, shall be automatically extended for successive periods of ten (10) years. During such ten
(10) year extension periods, (a) the covenants and restrictions contained in all Articles hereof other than
Articles VIII and IX may be changed or terminated only by an instrument signed by the then Owners of
not less than fifty-one percent (51%) of all the Lots in The Subdivision and properly recorded in the
appropriate records of Denton County, Texas and (b) the covenants and restrictions contained in Articles
VIII and IX hereof may be changed or terminated only by an instrument signed by the then Owners of not
less than fifty -ane percent (51%) of all the Lots in the Properties and properly recorded in the appropriate
records of Denton County, Texas.
Section 2. Enforcement. The Association, as a common expense to be paid out of the
Maintenance Fund, or any Owner at his own expense, shall have the right to enforce, by proceedings at
law or in equity, all restrictions, covenants, conditions, reservations, liens, charges, assessments, and all
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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
Lime 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 S. 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.
Section b. Notices. Any notice required to be sent to any Member or Owner under the provisions
of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known
address of the person who appears as Member or Owner on the records of the Association at the time of
such mailing.
Section 7. Gender and Grammar. The singular, whenever used herein, shall be construed to
mean the plural, when applicable, and the necessary grammatical changes required to make the provisions
hereof apply either to corporations or individuals, males or females, shall in all cases be assumed as
though in each case fully expressed.
Section 8. Severabili 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 extend of the
Association's failure to maintain the Common Properties.
Section 2. Upon assuming such maintenance obligations, the Town may collect all maintenance
assessments in accordance with the procedures specified herein and in any bylaws or articles of
incorporation of the Association, expending an amount of such assessments as reasonably necessary, in
the sole opinion of the Town, to perform the Association's maintenance obligations which it has failed to
perform, and remitting the balance thereof to the Association forthwith.
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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.
22
66
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LANDSCAPE AREA
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"THE KNOLL"
CONSTRUCTION SCHEDULE
TEME: JANUARY 1997 - JULY 1997
EVENT: ENTRYSTRUCTURE
ENTRY LANDSCAPING
PARK WITH SCULPTURE AND GAZEBO
LOTS 1- 12 WITH ALL UTILITIES, STREET
PAVING AND STREET SIGNAGE
PI3ASE;IT
TIME: JANUARY 1998 - JULY 1998
EVENT: LOTS 36 - 46 WITH ALL UTILITIES, STREET
PAVING AND STREET SIGNAGE
TDAE: JANUARY 1999 - JULY 1999
EVENT: LOTS 30 - 35 WITH ALL UTILITIES, STREET
PAVING AND STREET SIGNAGE
PIASE'IV.....
TIME: JANUARY 2000 - JULY 2000
EVENT: LOTS 13 - 29 WITH ALL UTILITIES, STREET
PAVING AND STREET SIGNAGE
Note: Constm_ction Schedule is contingent upon City approvals ofzoning,
platting and constniction permitting.