ORD 1988-19TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 88-19
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING ZONING PURSUANT TO
ORDINANCE NO. 87-23 OF THE TOWN, THE TOWN'S
COMPREHENSIVE ZONING ORDINANCE, ON A CERTAIN
TRACT OF LAND IN TROPHY CLUB, TEXAS, BEING
APPROXIMATELY 45.282 ACRES OF LAND SITUATED
IN THE CHARLES MEDLIN SURVEY, ABSTRACT NO.
823, THE J.R. MICHAEL SURVEY, ABSTRACT NO.
821, AND THE W.H. PEA SURVEY, ABSTRACT NO.
1045, DENTON COUNTY, TEXAS, AS MORE FULLY
DESCRIBED IN THE ATTACHED EXHIBIT "A", SAID
ZONING BEING PD PLANNED DEVELOPMENT DISTRICT
AS AUTHORIZED BY SECTION 15 OF ORDINANCE NO.
87-23 OF THE TOWN, FOR SINGLE FAMILY
DETACHED DWELLINGS, PROFESSIONAL OFFICE,
LIMITED BUSINESS, PERSONAL SERVICE,
ACCESSORY BUILDINGS AND USES, TEMPORARY REAL
ESTATE SALES OFFICES, TEMPORARY BUILDINGS
INCIDENTAL TO CONSTRUCTION WORK, UTILITY
DISTRIBUTION LINES AND FACILITIES AND OTHER
ALLOWED ACCESSORY USES ENUMERATED HEREIN, IN
ACCORDANCE WITH THE EXHIBITS ATTACHED
HERETO, WITH THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE, AND WITH A
COMPREHENSIVE SITE PLAN; PROVIDING THAT THE
ZONING MAP SHALL REFLECT PD, PLANNED
DEVELOPMENT DISTRICT NO. 6 FOR THE SUBJECT
PROPERTY; PRESERVING ALL OTHER PARTS OF THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; DETERMINING THAT THE
PUBLIC INTEREST AND GENERAL WELFARE DEMAND
THE ZONING HEREIN MADE; 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 AN EFFECTIVE
DATE.
WHEREAS, the Town Council and Planning and Zoning
Commission of the Town of Trophy Club, Texas (the "Town"),
having given public notice and having held a public hearing in
accordance with State law and all other legal requirements,
conditions and prerequisites having been complied with, adopted
the text of the Comprehensive Zoning Ordinance of the Town,
being Town Ordinance No. 87-23; and
0159)
WHEREAS, notice of the date, time and place to conduct a
public hearing on the proposed Zoning Map of the Town was given
personally to each owner of real property within the Town by
mailing such information, along with a copy of the proposed
Zoning Map, to the address of each such property owner as shown
on the most recent approved ad valorem tax roll of the Town,
said personal notice being provided in accordance with State
law; and
WHEREAS, notice of the date, time and place of the public
hearing on the Zoning Map was also published in the official
Town newspaper in accordance with State law; and
WHEREAS, the said notices provided that a public hearing
to consider zoning of all real property within the Town,
exclusive of an area submitted for planned development zoning
owned by Independent American Development (Phase II)
Corporation and containing approximately 991 acres of land (the
"Independent American Planned Development"), was to be held on
Monday, September 21, 1987, beginning at 7:00 o'clock p.m. at
the Municipal Utility District Building, 100 Municipal Drive,
Trophy Club, Texas, and that the said public hearing would be
continued to October 5, 1987, beginning at 7.00 o'clock p.m.,
at the said Municipal Utility District Building to consider the
proposed Independent American Planned Development; and
WHEREAS, on September 21, 1987 and at the time and place
stated in the personal and published notices, the Town Council
and Planning and Zoning Commission opened the public hearing to
consider the Zoning Map and the zoning of all real property
within the Town, exclusive of the Independent American Planned
Development, and continued the said public hearing until
October 12, 1987 at 7:00 o'clock p.m. at the said Municipal
Utility District Building; and
WHEREAS, on October 12, 1987, the said Public Hearing was
continued, during which Public Hearing it was discussed that
the owner of the 95.282 acre tract of land made the subject of
this Ordinance (the "Property"), Gibralter Savings Association,
desired to proposed planned development zoning on the Property,
and the Public Hearing on the Property was then continued until
January 7, 1987 at 7:00 o'clock p.m. at the said Municipal
Utility District Building, and again continued until January
28, 1988, at the same time and location, and continued again on
that date until May 17, 1988 at the same time and location, and
on that date continued until August 8, 1988, at which time the
Public Hearing was completed and closed; and
WHEREAS, the said personal and published notices state in
part that, "in reviewing the zoning on each tract of land
within the Town, the Planning and Zoning Commission may
recommend and the Town Council shall have the discretion to
consider zoning any tract of land within the Town according to
any boning District outlined in the proposed Comprehensive
Zoning Ordinance"; and
-2-
a 1 5 9 J
2_
a159J
WHEREAS, the Comprehensive Zoning Ordinance text, adopted
on September 21, 1987, provides in Section 16 thereof for PD,
Planned Development District Zoning; and
WHEREAS, application was made to adopt zoning regulations
for the hereinafter described property located in the Town of
Trophy Club, Texas, by making application for the same with the
Planning and Zoning Commission of the Town of Trophy Club,
Texas, as required by State statutes and the ordinances of the
Town, and all the legal requirements, conditions and
prerequisites having been complied with, the case having come
before the Town Council of the Town of Trophy Club, after all
legal notices, requirements, conditions and prerequisites
having been complied with; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, at a public hearing called by the Town Council did
consider the following factors in making a determination as to
whether the requested zoning should be granted or denied:
safety of the motoring public and pedestrians; safety from fire
hazards and measures for fire control; protection of property
from flood or water damage; noise producing elements and glare
of the vehicular and stationary lights and effect of such
lights on the character of the Town of Trophy Club; location,
lighting and types of signs and relation of signs to traffic
control and property; street size and adequacy of parking
facilities; location of ingress and egress points for parking
and off-street loading spaces, and protection of public health
by surfacing an all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on
light and air; the effect on the overcrowding of the land; the
effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other
facilities; and
WHEREAS, the Town Council further considered among other
things the character of the zoning and its peculiar suitability
for particular uses, with a view to conserve the value of
buildings and encourage the most appropriate use of land
throughout the Town; and
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that there is a public necessity for the
zoning, that the public demands it, and that the public
interest clearly requires the zoning; and,
WHEREAS, the Town Council of the Town of Trophy Club,
Texas, does find that the zoning lessens the congestion in the
streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides
adequate light and air; prevents the overcrowding of land;
avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements.
-3-
015gj
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That all of the above premises are found to
be true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Section 2. That the allowed use of a tract of land
containing approximately 45.282 acres and located in the
Charles Medlin Survey, Abstract No. 823, J.R. Michael Survey,
Abstract No. 821 and the W.H. Pea Survey, Abstract No. 1045,
Denton County, Texas, and more particularly described in
Exhibit "A" attached hereto and incorporated herein for all
purposes, shall be in accordance and conformity with and be
zoned PD, Planned Development District for detached single
family residential dwellings and commercial office uses
according to the standards and requirements set forth in
Exhibits "B" through "'Lq attached hereto and incorporated
herein for all purposes, and with the specific requirements
contained in this Ordinance, and with the comprehensive site
plan and plat of the development.
Section 3. That a general Utilization and
Setbacks/Fencing Plan, a copy of which is attached hereto as
Exhibit "C", an Illustrative Master Plan, a copy of which is
attached hereto as Exhibit "D" and Illustrative Sections, a
copy of which is attached hereto as Exhibit "E", were submitted
by the Owner and Developer and reviewed and approved by the
Town Council upon the recommendation of the Planning and Zoning
Commission for approval as a general development plan.
Section 4. That a comprehensive site plan which shall
be in substantial conformity with this ordinance including the
documents attached hereto shall be submitted by the Owner and
Developer as required by the Comprehensive Zoning Ordinance,
Ordinance No. 87--23, and shall be approved by the Planning and
Zoning Commission and the Town Council and filed as part of
this Ordinance prior to the issuance of any Building Permit in
this Planned Development District.
Section 5. That in connection with the development of
the subject property, the Developer and Owner has voluntarily
agreed to deed restrict the same through written and recorded
restrictive covenants in a form approved by the Town, to which
the Town is made a party.
Section 6. That the Developer and Owner of the subject
property has voluntarily submitted the Supplemental Declaration
of Covenants, Conditions and Restrictions for Lake Forest
Village Phases Three, Four and the Declaration of Covenants,
Conditions and Restrictions for Lake Forest Village Phase Five,
copies of which are attached. hereto as Exhibits "F" and "G",
respectively, and incorporated herein for all purposes. The
-4-
0
4-
0 1 5 9)
said documents are acceptable to the Town, and the Town
Secretary is directed to file the Voluntary Declaration of
Covenants, Conditions and Restrictions for record in Denton
County, Texas.
Section 7. That the development of the herein
described property shall be developed in accordance with all PD
Planned Development District regulations as provided by the
Comprehensive Zoning Ordinance, Ordinance No. 87-23, except as
otherwise provided by this Ordinance.
Section 8. That in carrying out the development of the
PD, Planned Development District, the development conditions
shall be conditions precedent to the granting of any building
permits or Certificate of Occupancy as required in the
Comprehensive Zoning Ordinance, Ordinance No. 87-23.
Section 9. The Town Secretary is hereby directed to
mark and indicate on the official Zoning District Map of the
Town of Trophy Club, Texas, to reflect the zoning made herein.
Section 10. That in all other respects the use of the
property hereinabove described shall be subject to all the
applicable regulations contained in the Comprehensive Zoning
Ordinance and all other applicable and pertinent ordinances of
the Town of Trophy Club, Texas.
Section 11. That the zoning regulations and districts
as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health,
safety, morals and the general welfare of the community. They
have been designed, with respect to both present conditions and
the conditions reasonably anticipated to exist in the
foreseeable future, to lessen congestion in the streets; to
secure safety from fire, panic, flood and other dangers; to
provide adequate light and air; to prevent overcrowding of
land; to avoid undue concentration of population; to facilitate
the adequate provisions of transportation, water, sewerage,
drainage and surface water, parks and other commercial needs
and development of the community. They have been made with
consideration of the reasonable suitability for the particular
uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 12. This Ordinance shall be cumulative of all
other ordinances of the Town of Trophy Club, Texas affecting
zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this
Ordinance.
-5-
1) 1 5 9
Section 13. That the term and provisions of this
Ordinance shall be deemed to be severable and that if the
validity of the zoning affecting any portion of the tract of
land described herein shall be declared to be invalid, the same
shall not affect the validity of the zoning of the balance of
the tract of land described herein.
Section 14. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be fined in a sum not to exceed
Two Thousand Dollars ($2,000.00) and a separate offense shall
be deemed committed upon each day during or on which a
violation occurs or continues.
Section 15. That this Ordinance shall take effect from
and after its date of passage and publication as provided by
law.
PASSED AND APPROVED by the Town Council of the Town of
Trophy Club, Texas this the 8th_day of August, 1988.
Z
bWor, Town of 'Trophy Club, Texas
ATTE
To*n'`96cretary, Town of Trophy Club, Texas
[SEAL]
PPi2OVED AS TO FORM:
ti. .
Tow-`Attolrney, Town of Trophy Club, Texas
a 1 5 9 j
EXHIBIT "B"
DEVELOPMENT STANDARDS
The development on the property described in Exhibit "A",
consisting of approximately 45.282 acres of land, shall be in
accordance with the Site Plan of the development as required by
the Comprehensive Zoning Ordinance, Ordinance No. 87-23, and
shall be subject to the following Development Standards,
conditions and requirements:
A. PURPOSE: The development is created to allow for
a mined use development of single family detached dwellings on
lots of not less than ten thousand (10,000) square feet, with a
maximum density of 3.0 dwelling units per gross acre, as the
term "gross acre" is defined in the Comprehensive Zoning
Ordinance, Ordinance No. 87--23 (the "Comprehensive Zoning
Ordinance"), professional office, limited business and personal
service uses as hereinafter defined, on 45.282 acres located
between Trophy Club Drive, State Highway 114, Indian Creek
Drive and the housing development known as The Plantation, plus
a parcel of land east of Country Club Place, North of Indian
Creek Drive and west of Lake Forest Village Phase 2 in the Town
of Trophy Club together with allowed incidental and accessory
uses. Landscaping, green areas, common masonry perimeter walls
and other approved improvements in landscape reserves shall be
maintained by the Trophy Club Community Improvement Association
as outlined herein. A copy of the Declaration of Covenants,
Conditions and Restrictions for the property is attached to
this Ordinance as Exhibits "F" and "G".
B. USE REGULATIONS: In the development of the land
described in Exhibit "A", no land shall be used and no building
or structure 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 principal uses:
(a) Detached single family dwellings.
(b) Parks, playgrounds and nature preserves, publicly
owned.
(c) Professional Office- Professional Office uses
shall conform to the Professional Office standards
as outlined in Section 17 of the Comprehensive
Zoning Ordinance, except as provided for herein.
(d) Limited Business- The Limited Business use shall
be restricted to non-alcoholic food service
provided solely within an office building
B-1
0 1 5 9 ]
primarily for the use by the tenants of an office
building and their guests. No use of exterior
business identification signage shall be allowed
for this use. Operating hours shall be limited
from 7:00 a.m. to 6:00 p.m. on business days.
(e) Personal Service-- The Personal Service use shall
be limited to a private health club for use solely
by the tenants of the office buildings allowed
within this Planned Development and their guests.
Travel bureau offices and bank use shall also be
permitted, the use of which is not limited to the
tenants and guests of the said office buildings.
A banking facility, a primary purpose and function
of which is drive-in banking, is prohibited. A
single drive-in window as a subordinate use to a
banking facility which is intended to provide
convenience for bank customers and is buffered
from the view of public rights-of-way shall be
allowed only in Tract D as shown on the attached
Exhibit "C".
{f) Church.
2. Accessory Uses: The following uses shall be
permitted as accessory uses, provided, however, that accessory
uses permitted for a single-family detached dwelling shall not
be a source of income to the owner or user of the principal
single-family dwelling, except for customary home occupation:
(a) Off-street parking and private garage in
connection with the residential uses permitted
herein, provided that no such garage shall face
any street.
(b) Parking of automobiles in connection with the
commercial uses, provided that such parking
facilities that are located within sixty (60) feet
of a single family residential area shall be
separated from said area by a blind fence or wall
not more than eight (8) feet in height (averaging
six (6) feet in height), or a berm of at least
four (4) feet in height excluding landscaping.
Along Indian Creek Drive, evergreen shrubs and
trees shall be used as a part of a palette of
plant material to reduce the visual impact of the
fence or wall.
B-2
0 1 5 9 J
(c) Accessory buildings incidental to the commercial
uses provided the same are properly screened and
provided such accessory buildings conform to the
standards set forth in Section 21.C. of the
Comprehensive Zoning Ordinance.
(d) Residential cabana, pavilion or roofed area.
(e) Private residential swimming pool.
(f) Signs subject to the provisions of the Town Sign
Ordinance.
(g) Screened garbage storage in a commercial area on a
concrete pad, located no nearer than fifty (50)
feet to a residential area; provided, however,
that such a garbage storage area shall not be
located between a building and the closest public
right-of-way.
(h) Customary home occupation.
(i) Real estate sales offices during the development
of the residential and commercial areas, but not
to exceed three (3) years, which three (3) year
period shall begin at the time the public
improvements in the development are accepted by
the Town and/or other relevant governmental
authority.
(j) Temporary buildings for uses incidental to
construction work on the property, which buildings
shall be removed no later than seven (7) days
after the completion or abandonment of
construction work.
(k) Utility distribution lines and facilities. All
utility distribution lines and facilities,
including, but not limited to, electrical,
telephone and cable television lines and
facilities, necessary for the development of the
Planned Development constructed, erected or placed
within the Planned Development area after the
effective date of this Ordinance, including all
lines, facilities, transformers and appurtenances
of any utility and all cable television lines,
facilities and appurtenances, shall be placed
underground; provided, however, that all such
lines, facilities, transformers and appurtenances
in place on the effective date of this ordinance
shall be permitted to remain above ground.
3. Prohibited Uses: Any use not expressly permitted
herein is expressly prohibited.
H-3
0159)
C. HEIGHT REGULATIONS: Building height shall be
restricted as follows and as the term "height" is defined in
the Comprehensive Zoning Ordinance:
1. Residential: No building or structure shall
exceed thirty (30) feet nor be greater than two (2) stories in
height.
2. Commercial: No building or structure shall exceed
forty-five (45) feet in height for two (2) story buildings or
thirty-two (32) feet in height for one (1) story buildings,
which shall include rooftop mechanical equipment and a maximum
of seventeen (17) feet of roof.
D. AREA REGULATIONS: The following minimum standards
shall be required measured from the property lines:
1. Minimum Yard Setbacks:
(a) Front Yard -
(i) Residential: There shall be a front yard having
a depth of not less than twenty-five (25) feet
facing public streets; provided, however, that in
Lake Forest Village Phase 3 (a subdivision as
shown on a plat filed of record in Volume 528,
Page 919, Deed of Trust Records, Denton County,
Texas) (hereinafter referred to as "Lake Forest
Village Phase 3") the front yards shall conform
to those front yard setbacks shown on the said
plat. See Exhibit H.
Commercial: There shall be a front yard having a
depth of not less than forty (40) feet facing
public streets as shown on the attached documents.
(b) Side Yard:
(i) Residential: There shall be a side yard on each
side of a lot of at least ten (10) feet. A
minimum separation of twenty (20) feet between
buildings is required. A side yard adjacent to a
street shall be a minimum of fifteen (15) feet;
provided, however, that in Lake Forest Village
Phase 3 the minimum setbacks for a side yard
adjacent to a street shall be as shown on the
plat thereof.
(ii) Commercial: There shall be a side yard of at
least fifteen (15) feet on each side of a lot. A
minimum separation of forty (40) feet is required
between buildings. A side yard adjacent to a
street shall be a minimum of forty (40) feet.
B-4
n159J
(c) Rear Yard•
(i) Residential: There shall be a rear yard having a
depth of not less than twenty-five (25) feet;
provided, however, that in Lake Forest Village
Phase 3, the minimum rear yard setbacks shall be
as shown on the plat thereof.
(ii) Commercial: There shall be a rear yard having a
depth of not less than thirty (30) feet if the
rear yard is adjacent to a public street. A rear
yard shall be determined to exist where the
facing facade of the subject building is not
finished in a manner commensurate with the other
three (3) faces of the building. Where the
subject facade is finished, no rear of the
building shall be deemed to exist.
2. Size of Lot:
(a) Residential•
{i) Lot Area- No building or structure shall be
constructed on any lot of less than ten thousand
(10,000) square feet and the average lot size
shall be not less than twelve thousand (12,000)
square feet.
(ii) Lot Width-- The average width of the lots shall
not be less than eighty (80) feet, measured at
the building line of cul-de-sac lots.
Lot Depth- The depth of a lot shall be not less
than one hundred ten (11.0) feet, measured at the
midpoint of the frontage. A corner or cul-de-sac
lot may have a depth of one hundred (100) feet,
measured at the midpoint of the frontage.
(b) Commercial:
{i) Lot Area- No building shall be constructed on
any lot of less than one hundred thousand
(100,000) square feet.
(ii) Lot Width- The average width of a lot shall not
be less than two hundred (200) feet, measured at
the building line.
Lot Depth- The depth of a lot shall not be less
than two hundred (200) feet, measured at the
midpoint of the frontage.
B-5
a 1 5 9 J
3. Minimum Dwelling Size: The minimum floor area of
any dwelling unit shall be two thousand (2,000) square feet,
and two thousand two hundred fifty (2,250) feet on corner lots,
exclusive of garages, breezeways and porches; provided,
however, that on lots twelve thousand (12,000) square feet or
greater in size, the minimum floor area of any dwelling unit
shall be two thousand, five hundred (2,500) square feet.
4. Maximum Building Coverage: The combined area by
all main and accessory buildings and structures shall not
exceed the following:
(a) Residential: The combined area of all main and
accessory buildings and structures shall not
exceed thirty-five percent (350) of the total lot
area. Swimming pools and spas shall not be
included in determining maximum building coverage.
(b) Commercial: The combined area of all main and
accessory buildings and structures shall not
exceed sixty percent (609.) of the total lot area.
Fountains, courtyards and pedestrian walks shall
not be included in determining maximum building
coverage.
5. Minimum Open Space: The following minimum open
space standards shall apply:
(a) Residential: The minimum area of a lot not
dedicated to impervious surfaces shall be forty
percent (40%) of the gross lot area.
(b) Commercial: The minimum area of a lot not
dedicated to impervious surfaces shall be thirty
percent (300) of the gross lot area.
(c) Dedication: tracts of land comprising at
least 1.836 areas shall be dedicated to the Town
of Trophy Club and maintained by the Trophy Club
Community Improvement Association as described in
Exhibit "J".
6. Maximum Residential Density: The maximum
allowable density shall be three (3) dwelling units per gross
acre or a total of sixty-eight (68) dwelling units, as
indicated on the attached Exhibit "C".
0159)
E. BUILDING AND PARKING REGULATIONS:
1. Type of Materials:
(a) Residential: All main and accessory buildings and
structures shall be of exterior fire resistant construction
having at least eighty percent (80%) of the total exterior
walls, excluding doors, windows and porches, constructed of
brick, stone or other masonry or material of equal
characteristics in accordance with the Town Building Code and
Fire Code. Provided, however, that no aluminum siding shall be
used on any building or structure.
(b) Commercial: All main and accessory buildings and
structures shall be of exterior fire resistant construction
having one hundred percent (100%) of the total exterior walls,
excluding doors, windows and porches, constructed of brick,
stone or other masonry or material of equal characteristics in
accordance with the Town Building Code and Fire Code.
2. Parking Requirements:
(a) Residential: Each dwelling unit shall contain at
least two (2) parking spaces located in an enclosed garage, on
the same lot as the principal use, with a minimum of two (2)
exterior parking spaces per dwelling unit.
(b) Commercial: Each office building shall provide at
least three point three (3.3) parking spaces per gross thousand
square feet of building on the same lot as the principal use,
plus a minimum of five (5) exterior parking spaces per office
building.
F. FENCES: Fences shall be provided in accordance
with the Comprehensive Zoning Ordinance, other relevant
ordinances of the Town, with the Exhibits attached hereto and
with the following:
1. Residential:
(a) A six (6) foot high seventy percent (70%) metal
picket, thirty percent (300) masonry fence (see Exhibit "K")
shall be constructed on the western boundary of Tract A as
shown on Exhibit "C" lying along the eastern edge of the
designated open space reserve.
(b) A six (6) foot high seventy percent (700) metal
picket, thirty percent (30%) masonry fence (see Exhibit "K")
shall be constructed on the western boundary of Tract C as
shown on Exhibit "C" bounding the eastern edge of the open
space reserve adjacent to the two (2) story office
lot.
B-7
a 1 5 9 J
(c) A masonry fence at least six (6) feet high shall
be constructed along the north and south sides of Indian Creek
Drive in the side yard setbacks at least ten (10) feet back
from the property line (on Tracts A, B and C as indicated on
Exhibit "C"), and along the eastern side of Lake Forest Village
Phase 3 (Tract C), all as shown on Exhibit "C".
(d) A six (6) foot high masonry fence shall be
constructed along the southern boundary of Lake forest Village
Phase 3 (Tract C) adjacent to State Highway 114, as shown on
Exhibit "C".
(e) A six (6) foot high seventy percent (70%) metal
picket, thirty percent (30%) masonry fence (see Exhibit "K")
shall be constructed along the southeast side of the
residential area identified as Tract B on Exhibit "C".
(f) An eight (8) foot high masonry fence shall be
constructed along the southwestern lot lines of the residential
lots east of the Trophy Club Sales Center and located in Tract
B as shown on Exhibit "C".
2. Commercial:
(a) Tract D- A six (6) foot high masonry fence and a
two (2) foot high berm shall be constructed on the south side
of Indian Creek Drive at least twenty (20) feet from the
property line, as indicated on the attached Exhibit "C".
(b) No fences shall be constructed along the boundary
of the commercial property which is contiguous to State Highway
114.
3. All fences or walls shall be maintained in good
condition by the owners or occupants of the land on which the
fence or wall or any part thereof is situated or by a property
owners' association in accordance with and pursuant to certain
voluntary restrictive covenants and conditions submitted by the
Owner and Developer.
G. LANDSCAPING AND LIGHTING: Landscaping, including
but not limited to trees, shrubs, groundcover, trails and
irrigation, and lighting shall be provided in accordance with
the Comprehensive Zoning Ordinance, other relevant ordinances
and regulations of the Town and with the following:
1. Residential:
(a) A community trail shall be constructed along
Indian Creek Drive, State Highway 114 and the open space
reserves as shown on the attached Exhibits "C" and "E".
(b) Landscape planting and irrigation shall be
provided within the setback and median areas along Indian Creek
Drive as shown on the attached Exhibit "D".
2. Commercial:
(a) Landscape planting and irrigation shall be
provided within the setback areas and median along Indian Creek
Drive and along the median of Trophy Club Drive as shown on the
attached Exhibit "D".
(b) Tree preservation methods as outlined in the
Comprehensive Zoning Ordinance shall be followed and utilized
to preserve the approximate quantity of trees on the western
lots adjoining State Highway 114 and Trophy Club Drive as shown
on the attached Exhibit "D".
(c) Required trees planted on the lots shall be a
minimum of twelve (12) feet in height and three and one-half
(3-1/2) inches in caliper at the time of planting.
(d) Perimeter landscape areas shall contain at least
one tree for each thirty (30) lineal feet or fraction thereof
perimeter area.
(e) Trees which are preserved shall not be credited to
the perimeter landscaping requirement.
(f) In Tract "B", a natural evergreen screen shall be
provided along the west boundary line of the westernmost lot to
screen the automobiles from the view from Trophy Club Drive, as
shown on the attached Exhibits "C" and "D".
(g) Driveway medians shall be allowed in excess of
maximum allowables to enable tree preservation and landscape
planting subject to meeting visibility requirements of the Town
Engineer.
(h) Prior to final plat approval, a landscape easement
shall be granted to the Town of Trophy Club for the maintenance
and use of the Trophy Club sign at the southwestern corner of
the Planned Development District, as indicated on the attached
Exhibit "J."
(i) Parking lot lighting shall be designed so that the
minimum standards for such lighting as set forth in the
Comprehensive Zoning Ordinance are met as well as providing for
a low level of overnight lighting at points of building entry,
exit, and at accessory structures and parking areas as directed
by the Town Marshal and Fire Department.
O 1 5 9 j
3. The installation, construction or placement of any
landscaping, including but not limited to trees, shrubs,
groundcover, trails and irrigation on, in, over or under any
public right-of-way shall be pursuant to and in accordance with
an agreement for street and median irrigation and landscaping
by and between the Town and the Owner and Developer, Gibraltar
Savings. Such agreement shall provide that the Owner and
Developer shall be required to maintain the landscaping and
irrigation for a period of at least two (2) years following its
installation, construction or placement.
H. DEVELOPMENT SCHEDULE:
The development of the property described in the attached
Exhibit "A" shall include the infrastructure which includes the
landscaping and irrigation of Indian Creek Drive, Trophy Club
Drive, the perimeter walls along Indian Creek Drive, State
Highway 114, and the eastern and western edges of Lake Forest
Village Phase 3, the community trail, and the completion of the
Cypress Court street, curbs and gutters shall begin within two
(2) years after the approval and filing of the final plat.
Completion of such infrastructure development shall occur
within twelve (12) months from the beginning of development.
It is estimated that the On -Site Improvements such as parking
lots, utilities, accessory structures and building construction
on individual commercial and residential lots shall be
completed subsequent to the completion of construction of the
infrastructure improvements, as follows: Tract A, 6-10 years;
Tract B, Residential 5-10 years; Tract B, Commercial 8-12
years; Tract C, 3--10 years; Tract D, 8-10 years as shown on
Exhibit "M".
B--10
0 1 5 9 j
I
IN
NO,
10
O LLI
tv
LLI
47
LU 0
O
40
I
O LLI
LLI
LU 0
O
uj
I,-
LLJ
LU
cc
C)
u Lu
co
cc
I
U
y
Z
W 0
a~
O W
W O
q W
(n LLI
� O
O Z
Y Q
J CL
Q
Z
`Er
J
co
c�
W
co
^O
K
O
w
x
i� n E19��i i��lll I� I I Y
zi
ory
o
zzz zzz
�lp
~O
tI<aa<aa
-
_
..
F
Um
r�
K
i>`, z`z%z
��
wa
o
r0
w
x
i� n E19��i i��lll I� I I Y
PROPOSED GIBRALTAR SAVINGS LAKE FOREST DEVELOPMENTS
PLANNED DEVELOPMENT DISTRICT
Ar -
SECTION THRU NORTHERN LAKE 2. SECTION THRU LAKEVIEW,
(TRACT A)
I Al�
3. ELEVATION OF CYPRESS COURT ENTRY AT WDIAN CREEK DRIVE
CTRA C T Al
5. SECrION THRU BROOK HOLLOW LANE COURT
(TRACT C)
W).
6. SECTION THRU OPEN
(TRACTS B&C)
SECTION THRU 2 -STORY OFFICE SUtLOING TO THE WEST
(TRACT 0)
l
FIRST AMENDMENT TO THE SUPPLEMENTAL DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LAKE FOREST VILLAGE
PHASES THREE AND FOUR IN TROPHY CLUB
(Residential Subdivisions)
STATE OF TEXAS
*
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Lake Forest Development (hereinafter referred to as
LFD), a Texas Joint Venture, as Declarant therein, executed and
caused to be filed the "SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LAKE FOREST VILLAGE PHASE THREE
IN TROPHY CLUB", and the "SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR LAKE FOREST PHASE FOUR IN TROPHY
CLUB", (hereinafter sometimes referred to as the "Supplemental
Declarations"), a Subdivision in Denton County, Texas, according
to the plat thereof recorded in Volume , page of the Map
Records of Denton County, Texas; said Declarations being recorded
in the Real Property Records of Denton County, Texas under County
Clerk's File Nos. and
respectively; and
WHEREAS, Article X, Section 1 of each of said Supplemental
Declarations provides that during their respective initial terms,
which expire on December 31, 2015, Articles VITT and IX of the
"Supplemental Declaration" may be changed or terminated only by
an instrument signed by the then Owners of all Lots in the
Properties and properly recorded in the appropriate records of
Denton County, Texas; and
WHEREAS, GIBRALTAR SAVINGS ASSOCIATION, INC., Declarant
herein is currently the owner of One Hundred Percent (100%) of
the Lots within Lake Forest Village, Phases Three (3) and Four
(4) in Trophv Club, an addition in Denton County, Texas and
desires to amend the Supplemental Declarations as follows:
Article VIII of each of the Supplemental Declarations,
respectively, previously entitled "Architectural Control
Committee's is hereby re -entitled "Construction Requirements.'
�. Sections 1, 2, 3 and 4 are hereby deleted from Article VIII
of each of the Supplemental Declarations, respectively, and the
previous Sections 5, 6, 7 and S are now re -numbered to be Article
VIII, Sections 1, 2, 3 and 4, respectively.
Article VIII, Section 1, Paragraph A (as re -numbered herein)
of each of the Supplemental Declarations, respectively, is hereby
amended to provide as follows:
A. Only new construction materials (except for used brick)
shall be used and utilized in constructing any structures
situated on a Lot, unless the designated representative of the
Town of Trophy Club 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 designated representative of the Town of Trophy Club is
obtained, of cedar, redwood, pine, spruce, cypress, or other wood
materials; however, no exterior construction shall be of less
than three-fourths inch (3/411) thick materials, and the use of
plywood, aluminum, or metal siding is prohibited.
Article VIII, Section 1, Paragraph F (as re -numbered herein)
of each of the Supplemental Declarations, respectively, is hereby
amended to provide as follows:
F. 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 designated representative of
the Town of Trophy Club. 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 yards shall be landscaped with lawns (either hydro -mulch,
ground cover or sod), trees, shrubs or other landscape materials.
A landscape plan shall be submitted for architectural and site
plan review to the Town of Trophy Club and shall show location,
name, quantity and size of any landscape plants, landscape
-2-
paving, benches, planters, screens, fountains, ponds, statues,
flag poles, sprinkler or water system or any other landscape
features. The landscape plan shall be drawn to scale and of such
size as to be legible. MINIMUM landscape requirements per lot
shall include, but not be limited to, plants equivalent to the
following and shall conform in all respects to the Town Ordinance
j including tree preservation requirements:
a) Sodded, hydro -mulched lawn area or ground cover;
b) A minimum of two gallon plant material against
exterior of residence on front and sides; and
All required landscaping shall be maintained in a neat
and orderly manner at all times. This shall include mowing,
edging, pruning, fertilizing, watering, weeding and other such
activities common to the maintenance of landscaping.
Landscaped areas shall be kept free of trash, litter, weeds
and other such materials or plants not a part of the landscaping.
All plant material shall be maintained in a healthy and growing
condition as is appropriate for the season of the year. Plant
material which dies shall be replaced with plant material of
similar variety and size.
Article viii, Section i, Paragraph G (as re -numbered herein)
of each of the Supplemental Declarations, respectively, is hereby
i
amended to
Provide as follows:
G. All structures situated on any Lot shall have wood shingle
roofs, "Timberline" 300# minimum asphalt shingles, or the
ecruivalent thereof as provided in the applicable Town of Trophy
Club city ordinance(s), the weight of which is to be approved by
the designated representative of the Town of Trophy Club. The use
of any roofing materials in the color of white is expressly
prohibited.
Article VIII, Section 1, Paragraph H (as re -numbered herein)
of each of the Supplemental Declarations, respectively, is hereby
amended to provide as follows:•
H. No electronic antenna or device of any type other than one
antenna for receiving television signals and/or FM signals shall
be erected, constructed, placed, or permitted to remain on any of
the Lots, residences thereon, or other permitted buildings
constructed in the Properties.
-3-
Article VIII, Section 2 (as re -numbered herein) of each of
the Supplemental Declarations, respectively, is hereby amended to
provide as follows:
Section 2. Size and Material of Residences Gara es' and
Accessory Buildings No residential structure erected on any Lot
shall have more than two (2) stories, nor exceed thirty (30) feet
in height. The minimum enclosed living area for a dwelling unit
' shall be equal to, or greater than, 2,500 square feet, exclusive
of the area of attached garages, porches, servant's quarters, or
other appurtenances, or appendages relative to lots equal to or
greater than 12,000 square feet in size. The minimum enclosed
living area for a dwelling unit for all other Lots is 2,250
square feet, exclusive of the area of attached garages, porches,
servants' quarters or other appurtenances, or appendages. The
exterior of all residential structures shall be a minimum of
eighty percent (80%) brick. Guttering of all roofs is required.
A 21' x 22' minimum, two car garage shall be constructed with
each unit on the same lot as the unit. The garage door shall be a
raised panel, embossed steel door or equal. Garage storage is
prohibited at the exclusion of required space for the two (2)
dwelling owner vehicles. The garage door shall remain closed
except during exits and entrys.
r
No accessory buildings, other than those permitted in the
L Town's R-12 Ordinance, shall be constructed on any portion of any
lot.
r
I Section 2 (a) is hereby added to Article VIII of each of the
Supplemental Declarations, respectively, and provides as follows:
Section 2 a . Compliance with municipal Ordinances. Land use
in the Lake Forest Village, Phases Three (3) and Four (4) in
Trophy Club shall comply with all conditions of the Planned
Development District, all applicable conditions of the zoning
requirements of the Town and all other applicable ordinances of
the Town concerning public health, safety and welfare, including,
but not limited to Ordinance No. . Building lines shall comply
with the conditions specified in the (PD) Planned Development
Ordinance and the final plat.
Article VIII, Section 3 (as re -numbered herein) of each of
the Supplemental Declarations, respectively, is hereby amended to
provide as follows:
Section 3. Building Location. No structure shall be located
on any Lot between the building setback lines shown on and
provided for in the Subdivision Plat and the street. With respect
-4-
to all lots, no building shall be located nearer than ten feet to
an interior Lot line. No main residence building nor any part
thereof shall be located on any Lot nearer than twenty-five feet
from the rear Lot line. No patio, deck, terrace, or other similar
open porch, swimming pool, or structure of any kind or
artificially surfaced area shall be located nearer to the street
than the front building line. For the purpose of this Section,
eaves shall not be considered as part of the building and may
extend over the building lines. For the purpose of this
i3 Declaration, the front line of each Lot shall coincide with and
be the property line having the shortest dimension abutting a
street. Each main residence building will face the front of the
F_ Lot and each detached garage will be located at least sixty-five
(65) feet from the front of a Lot on which it is situated and
will be provided with a driveway access from the front or side of
corner Lots. No garage shall open toward any street.
Article VIII, Section a (as re -numbered herein) of each of
the Supplemental Declarations, respectively, is hereby amended to
provide as follows:
Section e. walls Fences and Hedges. No walls, fences, or
hedges shall be erected or maintained nearer to the front Lot
line than the walls of the dwelling situated on such Lot which
are nearest to such front Lot line, unless otherwise approved in
writing by the designated representative of the Town of Trophy
Club. All fences and walls must be at least six (6) feet in
height and no more than eight (8) feet in height; provided,
however, that the height of fences may vary to accomodate grade
changes.
All fences, inclusive- of side and rear yard fences, must be
constructed of either metal picket, wood or masonry material. No
chain link fences shall be permitted.
Ownership of any wall, fence, or hedge erected as a
protective screening on a Lot by Declarant (and the right to
erect any such wall, fence, or hedge for such purpose is hereby
reserved in favor of Declarant, its successors and assigns) shall
pass with title to such Lot, and it shall be the Owner's
responsibility to maintain said protective screening thereafter.
In the event of default on the part of Owner or occupant of any
Lot in maintaining said protective screening and such failure
continuing after ten (10) days written notice thereof, Declarant
or 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 Supplemental Declaration, and place
said protective screening in a satisfactory 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
-5-
s
work to the Owner or occupant of such Lot. The owner or occupant,
as the case may be, agrees by the purchase or occupancy of such
Lot, to pay such statement immediately upon receipt thereof. The
amount of such charge, together with interest thereon at the rate
of six percent (6%) 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.
Article Tx, Section 6 of each of the
Declarations,
follows:
respectively, is hereby amended to
Supplemental
provide as
Section 6. 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 two (2) adult animals) may be kept,
but they shall not be bred or kept for commercial purposes. Any
dogs, cats, or other common household pets that may be kept on
the premises of any Lot, shall upon Leaving or being taken from
said Lot, be restrained in the care, custody, and control of the
pet's owner by a lease, rope, chain, or other device, and shall
not be allowed to run loose in the Common Properties, streets,
Golf Course, Lots, or any other areas.
Article TX, Section 11 of each of the
Declarations,
follows:
respectively, is hereby amended to
Supplemental
provide as
Section 11. Driveways and Culverts. Each Lot must be
accessible to an adjoining street by a driveway suitable for such
purpose before the residential structure located on any such Lot
may be occupied or used. No Owner may block any drainage ditch
(including road ditches). The specifications for the construction
of all drain tiles or culverts in any drainage ditch, whether to
be installed in connection with a driveway or otherwise, must be
approved by the Town of Trophy Club. Driveways shall be entirely
of concrete and shall be constructed with expansion joints not
more than twenty (20) feet apart, with one joint at the back of
the street curb. The width of each driveway shall flair, and the
curb shall be broken in such a manner that the driveway shall be
at least four (4) inches thick at its end toward the street
paving, and this extreme shall be poured against a horizontal
from board to reduce the unsightly appearance of a raveling
driveway.
-6-
Section 14 is hereby deleted from Article IX of each of the
Supplemental Declarations, respectively, and the previous
Sections 15, 16, 17, 18 and 19 of Article IX of each of the
Supplemental Declarations are now re -numbered to he Article IX,
Sections 14, 15, 16, 17 and 18, respectively.
Article IX, Section 18 (as re -numbered herein) of each of the
Supplemental Declarations, respectively, is hereby amended to
provide as follows:
Section 18. Propane, Butane or LP Cas. The installation and
use of any propane, butane, LP Gas, or other gas tank, bottle, or
cylinder of any type, shall require the prior written approval of
the Town of Trophy Club, and, if so approved, shall be
underground. Any control boxes, valves, connections, or refilling
or refueling devices shall be completely landscaped with
shrubbery so as to obscure their visibility from the street, Golf
Course, or any Common Properties, or from any other Lot or area.
Section 20 is hereby deleted from Article IX of each of the
Supplemental Declarations, respectively, and the previous Section
21 of Article IX of each of the Supplemental Declarations is now
re -numbered to be Article IX, Section 19.
Article IX, Section 19 (as re -numbered herein), Paragraph C
of each of the Supplemental Declarations, respectively, is hereby
amended to provide as follows:
C. The Declarant agrees and understands that the
restrictive covenants shown herein are not intended to restrict
the rights of the Town Council to exercise its legislative and
governmental rights, duties and powers.
APPROVAL AND ACCEPTANCE
1 The foregoing First Amendment to the Supplemental
L Declarations of Covenants, Conditions and Restrictions for LAKE
CFOREST VILLAGE, PHASES THREE (3) and FOUR (4) in Trophy Club, is
-7-
hereby approved and accepted as binding upon the Lot Owners of
LAKE FOREST VILLAGE, PHASES THREE (3) and FOUR (4), their
successors and assigns.
CIN WITNESS WHEREOF, GIBRALTAR SAVINGS ASSOCIATION, being the
Owner of One Hundred Percent (l00%) of the Lots within LAKE
FOREST VILLAGE PHASES THREE (3) and FOUR (4) in Trophy Club,
hereby in all things ADOPTS, , RATIFIES AND CONFIRMS said
I., Supplemental Declarations as the same are hereby amended, and the
said undersigned Owner hereby declares that the said real
property the subject thereof is and shall be held, transferred,
sold, conveyed and enjoyed subject to the restrictions,
covenants, conditions, stipulations, reservations, easements,
charges and liens as in said Supplemental Declarations provided
as hereby amended.
EXECUTED on this the day of 1988.
GIBRALTAR SAVINGS ASSOCIATION, DECLARANT
By:
ATTEST: Charles R. Ackerman, Vice -President
By:
, Secretary
DECLARANT ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the day of
, 1981 by Charles R. Ackerman, who is the
Vice -President of GIBRALTAR SAVINGS ASSOCIATION on behalf of said
GIBRALTAR SAVINGS ASSOCIATION,
Notary Public, State of TEXAS
Printed name:
My Commission: expires:
-8-
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR LAKE FOREST VILLAGE, PHASE FIVE IN TROPHY CLUB
(A Residential Subdivision)
THE STATE OF TEXAS
COUNTY OF DENTON
THIS DECLARATION made on the date hereinafter set forth by
GIBRALTAR SAVINGS ASSOCIATION, a Texas Savings Association,
acting herein by and through its duly authorized officers
(hereinafter referred to as "Declarant"):
tia I T N E S S H T H•
WHEREAS, Declarant is the owner of certain property located
within the County of Denton, State of Texas, which is more
particularly described as follows:
WHEREAS, TROPHY CLUB COMMUNITY IMPROVEMENT ASSOCIATION has
heretofore been incorporated under the laws of the State of
Texas, as a nonprofit corporation, for the purposes of
maintaining and administering the Common Properties and Common
Facilities in the Subdivision (as such terms are defined in the
Declaration and all Supplemental Declarations), and administering
and enforcing the assessments and charges created in favor of
such agency in the Declaration and all Supplemental Declarations.
NOW, THEREFORE, GIBRALTAR SAVINGS ASSOCIATION, as the
6 Declarant herein declares that the real property described in
Article III is and shall be held, transferred, sold, conveyed,
occupied, and enjoyed subject to the covenants, restrictions,
easements, charges, and liens (sometimes referred to herein
collectively as "covenants and restrictions") hereinafter set
forth.
OUTLINE OF PROVISIONS
ARTICLE I: Definitions
ARTICLE II: Easements
Page
Section 1. Existing Easements
Section 2. Title to Easements and Appurtenances
Not Conveyed
Section 3. Installation and Maintenance
Section 4. Emergency and Service Vehicles
Section 5. Surface Areas
ARTICLE III: Property Subject to This Supplemental
Declaration
Section 1. Description
Section 2. Mineral Exception
Section 3. Additions to Existing property
ARTICLE IV: The Association
Section
1.
Organization
Section
2.
Purpose
Section
3.
Trustees
Section
4.
Members
Section
5.
Voting Rights
Section
6.
Title to Common Properties
ARTICLE V: Property Rights in the Common Properties and.
Common Facilities
Section 1. Members' Easements of Enjoyment
Section 2. Extent of Members' Easements
Section 3. Delegation of Use
-2-
ARTICLE VI: Annual Maintenance Charge
Section 1. The Maintenance Fund
Section 2. Covenant for Assessments
Section 3. Unimproved Lots Owned by Declarant or
Builders
Section 4. Unimproved Lots Owned by Owners Other
Than Declarant and Builders
Section S. The Annual Maintenance Charge
Section 6. Quorum for any Action Authorized Under
Section 5
Section 7. Duties of the Board of Trustees
Section 8. Liens to Secure Assessments
Section 9. Effect of Nonpayment of Assessment
Section 10. Collection and Enforcement
ARTICLE VII: Utility Standby Charge
ARTICLE VIII: Architectural Control Committee
Section 1. Approval of Plans
Section 2. Committee Membership
Section 3. Transfer of Authority to the Association
Section 4. Minimum Construction Standards
Section 5. Construction Requirements
Section 6. Size of Residences
Section 7. Building Location
Section 8. Walls, Fences, and Hedges
Section 9. Screening of Boxes and Transformers
Section 10. Broadband Communications systems
Section 11. Prohibition Against Aluminum Windows
Section 12. Mail Delivery
ARTICLE IX: Building and Use Restrictions
Section 1. Residence Buildings and Garages
Section 2. Single -Family Residential Use
Section 3. Temporary and Other Structures
Section 4. Nuisances
Section 5. Signs
Section 6. Animals
Section 7. Removal of Dirt
Section S. Garbage and Refuse Storage and Disposal
Section 9. Septic Tanks
Section 10. Access
Section 11. Driveways and Culverts
Section 12. Utilities
Section 13. Resubdivision
Section 14. Combining Lots
Section 15. Drilling and Mining Operations
Section 16. Lot Maintenance
Section 17. Use of Common Properties
Section 18. Exempt Property
Section 19. Propane, Butane, or LP Gas
Section 20. Drainage
-3-
ARTICLE X:
General Provisions
section
1.
Duration
section
2.
Enforcement
Section
3.
Amendments by Declarant
Section
4.
Interpretation
Section
5.
Omissions
Section
5.
Notices
Section
7.
Gender and Grammar
Section
S.
Severability
ARTICLE XI:
Consent
of Lienholder
ARTICLE XII: Consent of Board of Trustees of Association
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 TROPHY CLUB
COMMUNITY IMPROVEMENT ASSOCIATION, its successors and assigns.
B. "The Subdivision" shall mean and refer to Trophy Club,
Sections One, Two, Three, Four, Five, Six, Seven, Eight, and
Nine, Trophy Club Oak Hill, Trophy Club Fairway Village, and LAKE
FOREST VILLAGE PHASES ONE, TWO, THREE, FOUR AND FIVE in Trophy
Club, and all subsequent sections of Trophy Club and/or the Lake
Forest Village section of Trophy Club brought within the plan of
the Declaration, and any other real property (including
specifically, but without limitation, all or portions of other
subdivisions being or to be developed by Gibraltar Savings
Association or LFD or any successor, affiliated, or subsidiary
entities) brought within the plan of the Declaration.
C. The "Properties" shall mean and refer to the
properties described in Article ITT hereof which are subject to
this supplemental Declaration.
D. "Subdivision Plat" shall mean and refer to the map or
plat of LAKE FOREST VILLAGE PHASE FIVE in Trophy Club, recorded
rV in Plat Cabinet _, Page , of the Plat Records of Denton
L County, Texas (or any subsequently recorded revised plat or
replat of the Properties).
E. "LOT and/or "Lots" shall mean and refer to each of the
lots shown upon the Subdivision Plat, but shall not mean to refer
to the area noted Tract "A"" as shown on the Subdivision Plat.
References herein to "the Lots (each Lot) in the Subdivision"
-4-
shall mean and refer to Lots as defined respectively in the
Declaration and all Supplemental Declarations.
F. "Living Unit" shall mean and refer to any
single --family residential unit, including, without limitation,
townhouses, rowhouses, and condominium units, located on property
which has been brought within the plan of the Declaration.
References to Living Units herein shall not be deemed to permit
Al. -he use of any Lot in the Properties 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 in the Declaration and all
Supplemental Declarations.
G. "Common Properties" shall mean and refer to all those
areas of land within The Properties as shown on the Subdivision
Plat, except the Lots and the streets shown thereon, specifically
including but not necessarily limited to those areas noted Tract
"A"" on the Subdivision Plat, together with such other property as
the Association may, at any time or from time to time, acquire by
purchase or otherwise (which may include, without limitation, all
or a portion of any Lot or Lots in the Subdivision), subject,
however, to the easements, limitations, restrictions,
dedications, and reservations applicable thereto by virtue hereof
and/or by virtue of the Subdivision Plat and/or by virtue of
prior grants or dedications by Declarant or Declarant's
predecessors in title. References herein to "the Common
Properties in the Subdivision" shall mean and refer to Common
Properties as defined respectively in the 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 in the
Subdivision or on acreage owned by Declarant (or Declarant and
others) which is not a part of the Common Properties in the
Subdivision. By way of illustration, Common Facilities may
include, but not necessarily be limited to, the following:
structures for recreation, storage, or protection of equipment;
fountains; statuary; sidewalks; bike paths; common driveways;
{ landscaping; swimming pools; tennis courts; and other similar and
appurtenant improvements. References herein to "the Common
Facilities (any Common Facility) in The Subdivision" shall mean
and refer to Common Facilities as defined respectively in the
L Declaration and all Supplemental Declarations.
I. "Supplemental Declaration" shall mean and refer to any
Supplemental Declaration of Covenants and Restrictions, or any
restatement thereof, and/or any amendment or correction thereto,
bringing additional property within the plan of the Declaration
under the authority provided in the Declaration. References
herein (whether specific or general) to provisions set forth in
-5-
"all (any) Supplemental Declarations" shall be deemed to relate
to the respective properties covered by such Supplemental
Declarations.
S. "owner" shall mean and refer to the record owner, or
_ if such Lot is subject to a term purchase contract with Declarant
r (or any affiliated or subsidiary entity), 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 the 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 in the
Subdivision" shall mean and refer to Owners as defined in the
Declaration and all Supplemental Declarations. In one or more
Supplemental Declarations, if appropriate, "Owner" may be defined
by reference to ownership of a Living Unit, in addition to or
rather than by reference to 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 of the Declaration, 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, if appropriate, "Member" may mean and
refer to an Owner of a Living Unit, and the voting rights of such
Member shall relate to his ownership of such Living Unit.
L. "The Declaration" shall mean and refer to that certain
Declaration of Covenants and Restrictions filed for record in
Volume 743, Page 728, of the Deed Records of Denton County,
Texas, covering Trophy Club, Sections One and Two, subdivisions
in Denton County, Texas, according to the respective plats
thereof, recorded in Volume 11, page 38, and Volume 11, Page 33,
of the Plat Records of Denton County, Texas as amended by that
certain First Amendment to Declaration of Covenants and
Restrictions, Trophy Club, Sections One and Two, filed of record
in Volume 751, Page 627, of the Deed Records of Denton County,
Texas.
ARTICLE II
I�
Easements
1. Section 1. Existing Easements. The Subdivision Plat dedicates
for use as such, subject to the limitations set forth therein,
F— certain streets and easements shown thereon and provided for
therein, and such Subdivision Plat further establishes
dedications, limitations, reservations, and restrictions
applicable to the Properties. Further, Declarant and Declarant"s
predecessors in title have heretofore granted, created, and
dedicated by several recorded instruments, certain other
easements and related rights affecting the Properties. All
dedications, limitations, restrictions, and reservations shown on
or provided for in the Subdivision Plat and all grants and
-6-
dedications of easements and related rights heretofore made by
Declarant and Declarant"s predecessors in title affecting the
Properties are incorporated herein by reference and made a part
of this Supplemental Declaration for all purposes, as if fully
set forth herein, and, insofar as each shall be applicable shall
be construed as being adopted in each and every contract, deed,
C or conveyance executed or to be executed by or on behalf of
Declarant conveying any part of the Properties.
' Section 2. Title to Easements and A urtenances Nat Conve ed.
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 roadway 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 or other governmental
agency or to any public service corporation or to any other party
is hereby expressly reserved in Declarant.
Section 3. Installation and Maintenance. There is hereby
created an easement upon, across, over, and under all of the
Properties for ingress and egress in connection with installing,
replacing, repairing, and maintaining all utilities, including,
but not limited to, water, sewer, telephones, electricity, gas,
and 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 lines situated within such easements to
the point of service on or in any structure. Notwithstanding
anything contained in this paragraph, no sewer, electrical lines,
water lines, or other utilities or appurtenances thereto may be
installed or relocated on the Properties until approved by
Declarant or the Associations Board of Trustees. The utility
companies furnishing services shall have the right to remove all
trees situated within the utility easements from time to time
existing, and to trim overhanging trees and shrubs located on
portions of the Properties abutting such easements.
Section 4. Emergency and Service Vehicles. An easement is
{{ hereby granted to all police, fire protection, ambulance, and
I_. other emergency vehicles, 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.
Further, an easement is hereby granted to the Association, its
officers, agents, employees, and management personnel to enter
upon the Properties to render any service or perform any of its
functions.
-7-
Section S. Surface Areas. The surface of easement areas may
be used for the construction of a driveway, patio, deck, terrace,
open porch, or other similar artificially surfaced area, or for
the 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
C 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, or repair of any facility .in
any such easement area. Further, neither the Declarant nor an
supplier of any utility or service using any easement area shall
be liable to any owner or to the Association for any damage done
by them, or either of them, or their respective agents,
employees, servants, or assigns, to any sidewalks, driveways,
fences, walls, or any other object occupying any such easement or
any portion thereof, as a result of any activity relating to the
construction, maintenance, or repair of any facility in any such
easement area.
ARTICLE III
Property Subject to This Supplemental Declaration
section 1.,Desc,ription. The real property which is, and shall
be, held, transferred, sold, conveyed, and occupied subject to
this Supplemental Declaration consists of the following:
All of LAKE FOREST VILLAGE PHASE FIVE, a Subdivision in
Trophy Club, out of the W.H. Pea survey, Abstract 1045,
and the C. Medlin Survey, Abstract 823, Denton County,
Texas according to the plat thereof recorded in Plat
Cabinet , Page , of the Plat Records of Denton
County, Texas (or any subsequently recorded -revised plat
or replat thereof);
all of which real property is sometimes hereinafter referred to
as the "Existing Property".
Section 2. Mineral. Exception. There is hereby excepted from
the Properties, and Declarant will hereafter except from all, its
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 fiand for exploration for or development of
oil, gas, and other minerals.
Section 3. Additions to Existing Propertv. Additional, lands
may become subject to the plan- of the Declaration in the
following manner:
A. Additions by Declarant. Gibraltar Savings
Association, and its respective successors and assigns, shall
each have the right to bring within the plan of the Declaration
We
n
additional properties in future stages of the development
(including, without limitation, subsequent sections of Trophy
Club and/or Lake First Village and all or portions of
subdivisions being or to be developed by Declarant or its
affiliated or subsidiary entities), upon the approval of the
Board of Trustees of the Association in its sole discretion. 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 plan of the covenants and
restrictions of the Declaration to such property and the
execution thereof by members of the Board of Trustees of the
Association shall constitute all requisite evidence of the
required approval thereof by such Board of Trustees. Such
Supplemental Declaration must impose an annual maintenance charge
and assessment on the property covered thereby, on a uniform
basis, substantially equivalent to the maintenance charge and
assessment imposed by the Declaration (which uniform basis may be
related to Lots or Living Units, as may be appropriate), and may
contain such complimentary additions and/or modifications of the
covenants and restrictions contained in the Declaration 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, and/or the
extent to which owners in the several Sections (or portions
thereof) in the Subdivision, make use of the Common Properties
and Common Facilities in the Subdivision may vary in value or in
kind. Therefore, the Board of Trustees, in its discretion and
considering such facts as it deems pertinent relative to the
relationship of the Association and the Common Properties and
Common Facilities in the Subdivision to such additional lands and
the owners therein, may approve Supplemental Declarations
providing for maintenance charges and assessments on such
additional lands which differ in amount, basis, or method of
computation from that provided for in the 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 plan of the Declaration
and to subject it to the jurisdiction of the Association may file
of record a Supplemental Declaration of Covenants and
Restrictions upon the satisfaction of the conditions specified in
subsection A above.
C. Mergers. Upon a merger or consolidation of the.
Association with another association, the Association's
properties, rights, and obligations may be trnsferred 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
respective covenants and restrictions applicable to the
properties of the merging or consolidating association as one
plan. No such merger or consolidation, however, shall effect any
revocation, change, or addition to the covenants established by
the Declaration or any Supplemental Declaration.
ARTICLE IV
The Association
Section 1. organization. The Association has been organized
and formed as a nonprofit corporation under the laws of the State
of Texas.
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, to
administer the Maintenance Fund (as that term is hereinafter
defined), 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 its Articles of Incorporation consistent with the
provisions of the Declaration and all Supplemental Declarations.
Section 3. Trustees. The Association shall act through a five
(S) member Board of Trustees, which shall manage the affairs of
the Association. The initial Trustees of the Association have
been selected by one of Declarant's predecessors in title to the
Properties. Each initial Trustee shall serve for an initial term
of ten (10) years, and thereafter until his successor is duly
elected and qualified. After the expiration of the term of the
initial Trustees, the Members shall elect a Board of Trustees as
provided for in the Bylaws. Any vacancy, from whatever cause,
occurring in the Board of Trustees during the initial ten-year
term shall be filled by appointment made by the remaining Trustee
or Trustees. The person appointed by the remaining Trustee or
Trustees to fill such vacancy shall serve for the remainder of
the initial ten (10) year term and until his successor is duly
elected and qualified. The Trustees shall have the power to
select one or more advisory trustees from the residents of the
Subdivision to serve for such periods of time as the Board of
Trustees shall deem appropriate, for the purpose of providing
advice and counsel to the Board of Trustees; provided that such
advisory trustees shall have no right to act on behalf of the
Association.
Section 4. Members. Each owner, whether one or more persons
C 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 in the
Subdivision and may not be separated from such ownership.
Whenever the legal ownership of any Lot or Living Unit in the
-10-
Subdivision 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 two (2)
classes of voting membership:
Class A. Class A Members shall be all the Members of the
Association, with the exception of Gibraltar Savings
Association and/or any other person named as declarant
in the Declaration or any Supplemental. Declaration.
Class A Members shall be entitled to one (1) vote for
each Lot or Living Unit in the Subdivision in which they
hold the interest required for membership by the
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 Unit 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.
Class B. Class B Members shall be Gibraltar Savings
Association and/or any other person named as declarant
in the Declaration or any Supplemental Declaration. Each
Class B Member shall be entitled to eight (8) votes for
each Lot or Living Unit in the Subdivision in which it
holds the interest required for membership by the
Declaration or any Supplemental Declaration; provided
that the Class B membership shall cease and become
converted to Class A membership on the happening of
whichever of the following events occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in the
Class B membership; or
(b) on January 1, 1595.
From and after the happening of whichever of these
events occurs earlier, each Class B Member shall be
deemed to be a Class A Member entitled to one (1) vote
for each Lot or Living Unit in the Subdivision in which
it holds the interest required for membership by the
Declaration or any Supplemental Declaration.
Section 6. Title to Common Properties The declarant of the
L Declaration or any Supplemental Declaration may retain the legal
title to the Common Properties and Common Facilities within the
property covered by the Declaration or Supplemental Declaration
until such time as such declarant has completed improvements
thereon and until such time as, in the sole opinion of such
declarant, the Association is able to operate and maintain the
same. Until title to such Common Properties and Common Facilities
has been conveyed to the Association by such declarant, declarant
-11-
shall be entitled to exercise all rights and privileges relating
to such Common Properties and Common Facilities granted to the
Association in the Declaration or Supplemental Declarations of
such declarant.
�- ARTICLE V
Pro ert Ri hts in the Common pro erties and Common Facilities
a Section 1. Member's Easements of F
n7oyment. 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 Subdivision.
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 (including, without
limitation, guest fees) for the use of the recreational
facilities located on all Common Properties in the Subdivision,
and to make, publish, and enforce reasonable rules and
regulations governing the use and enjoyment of such 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 governmental
authority or to any utility company. for any service to the
Subdivision or any part thereof; and
C. The right of the Association to transfer title to any
storm sewer line, sanitary sewer line, water line, or any other
Utility facility or equipment situated in any part of such Common
Properties and owned by the Association to any public or
Political authority or agency or to any utility company rendering
or to render service to the Subdivision or any part thereof; and
D. The right of the Association to convey or dedicate
such portions of such Common Properties as its Board of Trustees
may deem appropriate to governmental authorities, political
subdivisions, or other persons or entities for use as the
location of schools, churches, and hospitals, or for other
similar purposes related to the health, safety, and welfare of
the Members; and
-12-
E. 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
L operate recreational facilities and related concessions located
on such Common Properties; the right of the Association to enter
lease agreements or concession agreements granting leasehold,
i' concession, or other operating rights relative to recretional
facilities located on such Common Properties in such instances
and on such terms as its Board of Trustees may deem appropriate;
and
F. The right of the Association to suspend the voting
rights of a Member or his right to use any recreational facility
located on such Common Properties 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 any 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 the Declaration
and all Supplemental Declarations in its by -Laws or at law or in
equity on account of any such default or infraction; and
G. The rights and easements existing, herein created, or
hereafter created in favor of others, as provided for in Article
II of the Declaration and all Supplemental Declarations; and
H. The restrictions as to use of the Common Properties
provided for in Article IX hereof.
Section 3. Delegation of Use. Any Member may delegate
right of use and enjoyment of the Common Properties his
and Com
Facilities in the Subdivisionmon
, together with all easement rights
granted to Members in the Declaration and all Supplemental
Declarations, to the members of his family, his tenants, contract
Purchasers who reside on his Lot or in his Living Unit, or
subject to the terms of Section 2, paragraph A above, to guests
temporarily occupying a Living Unit or a residence situated on a
Lot. The term "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 any legal process,
by operation of law, or in any other legal manner. or
ARTICLE VI
Annual Maintenance Char e
Section 1. The Maintenance Fund. All funds collected by the
Association from the maintenance charge provided for in this
-13-
Article, together with all funds collected by the Association
from the annual maintenance charge imposed on the Lots or Living
Units in the subdivision by the 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 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
beautifiction of the Common properties and Common Facilities in
the Subdivision, and any other areas provided by the Declaration
or any Supplemental Declaration to be developed or maintained by
the Association, such as shrubbery, trees, walkways, and street
lights, 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 other 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 plan of the Declaration under the authority provided therein,
the Association shall have the right and authority to
and expend such amounts allocate
from the Maintenance Fund for 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
plan of the 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 such otherpersons 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 Lthe Association to
contribute, from the Maintenance Fund, a ratable portion of the
amounts necessary from time to time to provide for the 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
another on behalf of Declarant under agreement authorized hereby,
-14-
and the actual proceeds realized by Declarant from such operation
shall be less than the actual costs incurred by Declarant or such
other party 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 or such other party in maintaining and operating such
Common Facility in excess of the actual gross proceeds realized
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 allocable to
the Common Properties and Common Facilities in the Subdivision
and accrued subsequent to the recordation of the plats covering
the respective sections of the Subdivision in which such Common
Properties and Common Facilities are situated, 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.
-- F- ror Assessments.
provisions setSubject to the
. forth below in Sections 3 and 4 relating to the
rate at which the maintenance charge 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 (herein sometimes referred to as the "full
maintenance charge"), in the amount of One Hundred Eighty Dollars
($180.00) per annum per Lot, which shall run with the land and is
subject to increase or decrease and is payable as provided in
Section 5 below.
Each Owner of a Lot, by his claim or assertion of ownership
or by accepting a deed to any such Lot, whether or not it 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 assessed against his Lot and/or assessed against him
by virtue of his ownership, as the same shall become due and
payable, without demand. The maintenance charge herein provided
for shall be a charge and a continuing lien upon each Lot,
together with all improvements thereon, as hereinafter more
particularly stated. Such maintenance charge, together with
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 maintenance charge
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 by waiver of the use or enjoyment of the
Common Properties or Common Facilities in the Subdivision, or any
part thereof, or by abandonment of his Lot or his interest
therein.
Section 3. Unimproved Lots awned by Declarant or Builders.
Declarant and builders shall pay twenty percent (20%) of the then
existing full maintenance charge assessed for each Lot owned by
them, unless and until a residential structure has been built
thereon and three (3) months have elapsed since the substantial
completion of such residence, or the residence has been permitted
to be occupied, whichever occurs first. Thereafter, commencingon
the first (1st) day of the next succeeding calendar month the
full maintenance charge then assessed shall become applicable. If
the maintenance charge on such Lot has been prepaid at twenty
percent (20%) of to full maintenance charge then assessed for the
Portion of the calendar year remaining after the full maintenance
charge become 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 pro rata portion of eighty
percent (80%) of such full maintenance charge then assessed,
which shall bear the same ratio to eighty percent (80%) 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 on a Lot has been substantially completed or permitted
to be occupied. The term "substantial completion" as used in this
Supplemental Declaration shall mean that the residence is ready
for sale or occupancy, except for minor items which must be
furnished, completed, corrected, or adjusted. The term "builder'
for the purposes of this Supplemental Declaration is defined as
any person, firm, corporation, or other entity who or which 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 a. Unimproved Lots Owned by Owners Other Than
Declarant and Builders. Owners of unimproved Lots other than
Declarant and builders shall pay fifty percent (50%) of the then
existing full maintenance charge assessed 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 (5o%) 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, 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
pro rata portion of fifty percent (50%) of such full maintenance
charge, which shall bear the same ratio to fifty percent (5o%) 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 such owner to notify the Association at
the time such residential structure has been completed and
occupied.
-16-
Section S. The Annual Maintenance Charge. The annual
maintenance charge provided for herein shall commence on the date
(which shall be the first day of a month) fixed by the Board of
Trustees to be the date of commencement. The first annual
assessment shall be made for the balance of the calendar year in
which it is assessed and shall be payable on the day fixed for
commencement, or in equal monthly, quarterly, or semi-annual
�._ installments over the balance of the year, at the election of t
he
Board of Trustees of the Association. The assessments for each
calendar year after the first year shall be due and payable to
I the Association in advance on January 1 each year, or in equal
monthly, quarterly, or semi-annual 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 that pro rata part of the
applicable percentage (as determined pursuant to the terms
hereof) of the full maintenance charge assessed on such Lot,
which shall bear the same ratio to the applicable percentage of
the full maintenance charge as the number of full calendar months
remaining in the year of purchase bears to twelve (12), and which
shall be payable in full upon such purchase in equal monthly,
quarterly, or semi-annual 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 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 shall become effective prior to the
expiration of ninety (90) -days from the date of its adoption, and
the Owner of each Lot subject to such assessment, 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 in excess of Six Hundred and No/loo
Dollars ($600.00) per year, or in excess of the annual
maintenance charge for such Lots last ratified by the Members of
the Association in accordance with the provisions of this
paragraph, whichever is greater, 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 (51o) of to 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 the resolution of the Board
of Trustees. No increase in the annual maintenance charge shall
take effect retroactively.
-17-
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 annual maintenance charge 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 without ratification by or assent of
the Members of the Association.
Section 6. uorum for any Action Authorized Under Section' 5.
The cruorum 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
written proxies, entitled to cast sixty percent (60%) of
all the votes of the membership shall constitute a
quorum. If the required quorum is not forthcoming at
such meeting, another meeting may be called and the
required quorum at any such subsequent meeting shall be
one-half (1/2) the required quorum at the preceding
meeting; provided that such reduced quorum requirement
shall not be applicable to any such subsequent meeting
held more than sixty (60) days following the preceding
meeting.
Section 7. Duties of the Board of Trustees. The Board of
1 Trustees of the Association shall fix the date of commencement of
each assessment period, and the amount of the assessment against
each Lot for each assessment period, at least thirty (30) days in
! advance of such date and shall, at that time, prepare a roster of
the properties and assessments applicable thereto which shall be
kept in the office of the Association and shall be open to
inspection by any Owner. Written notice of the assessment shall
thereupon be sent to every Owner subject thereto. The Association
shall, within sixty (60) days following the date of payment
thereof, furnish to any Owner liable for said assessment a
certificate acknowledging payment of said assessment. Further,
upon demand at any time, the Association shall furnish to any
owner a certificate setting forth the date to which such
assessment has been paid, and stating the amount of any
delinquency. Such certificates shall be in writing and signed by
an officer of the Association, and shall be conclusive evidence
of payment of any assessment therein stated to have been paid..
Section 8. Liens to Secure Assessments. The annual
maintenance charge, as hereinabove provided for, shall constitute
L and be secured by a separate and valid and subsisting lien,
hereby created and fixed, and which shall exist upon and against
each Lot 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,
r or deed of trust filed for recordfor to the date
any such charges or assessments become ae due and payment of
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 any lender to an owner for any part of
the purchase price of any Lot and the improvements thereon, if
improved, when the same is purchased, 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 f
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 which became due and payable prior
to such foreclosure date, but no such foreclosure shall free any
Lot from the liens securing assessments thereafter becoming due
and payable, nor shall the liability of any Member personally
obligated to pay such maintenance charge which becomes due prior
to such foreclosure be extinguished by any foreclosure.
Section 9. Effect of Nonpayment of Assessment. if any annual
charge or assessment is not paid within thirty (30) days from the
due date thereof, the same shall bear interest from the due date
until paid at the highest interest rate allowed under the laws of
the State of Texas, and, if placed in the hands of an attorney
for collection or if suit is brought thereon or if collected
through probate or other judicial proceedings, there shall be
paid to the Association an additional reasonable amount, but not
less than ten percent (10%) of the amount owing, as attorney's
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 maintained and
prosecuted by the Association in a like manner as an action to
foreclose the lien of a mortgage or deed of trust on real
property.
Section lo. Collection and Enforcement. Each Member, by his
assertion of title or claim of ownership or by his acceptance of
a deed to a Lot, whether or not it shall be so recited in such
deed, shall be conclusively deemed to have expressly vested in
the Association, and in its officers and agents, the right,
power, and authority to take all action which the Association
shall deem proper for the collection of assessments and/or for
the enforcement and foreclosure of the liens securing the same.
-19-
Plan review to the Town of Trophy Club and shall show location,
name, quantity and size of any landscape plants, landscape
paving, benches, planters, screens, fountains, ponds, statues,
flag poles, sprinkler or water system or any other landscape
features. The landscape plan shall be drawn to scale and of such
size as to be legible. MINIMUM landscape requirements per lot
shall include., but not be limited to, plants equivalent to the
following and shall conform in all respects to the Town Ordinance
including tree preservation requirements:
a) Sodded, hydro --mulched lawn area or ground cover;
b) A minimum of two gallon plant material against
exterior of residence on front and sides; and
All required landscaping shall be maintained in a neat
and orderly manner at all times. This shall include mowing,
edging, pruning, fertilizing, watering, weeding and other such
activities common to the maintenance of landscaping.
Landscaped areas shall be kept free of trash, litter,
weeds and other such materials or plants not a part of the
landscaping. All plant material shall be maintained in a healthy
and growing condition as is appropriate for the season of the
year. Plant material which dies shall be replaced with plant
material of similar variety and size.
G. All structures situated on any Lot shall have wood
shingle roofs ► "Timberline'! 300r minimum asphalt shingles, or the
x equivalent thereof as provided in the applicable Town of Trophy -
Club city ordinance(s), the weight of which is to be a
the designated representative of the Town of Trophy Club. Theduse
of any roofing materials in the color of white is expressly
prohibited.
H. No electronic antenna or device of any type other
than one antenna for receiving television signals and/or FM
signals shall be erected, constructed, placed, or permitted to
remain on any of the Lots, residences thereon, or other permitted
buildings constructed in the Properties.
I. Each residential structure shall have installed on
the outside wall thereof a service riser conduit, beginning at
least thirty (30) inches below the surface of the ground and
terminating at the meter socket on such wall.
J. All exterior construction materials, including but
not limited to brick, paint, and roofing materials, shall be of
an "earth tone" color and shall be landscape blending.
Section 2. Size and Material of Residences Cara es and
Accessory Buildings. No residential structure erected on any Lot
shall have more than two (2) stories, nor exceed thirty (30) feet
in height. The minimum enclosed living area for a dwelling unit
22-
shall be equal to, or greater than, 2,500 square feet, exclusive
of the area of attached garages, porches, servant's quarters, or
other appurtenances, or appendages relative to lots equal to or
greater than 12,000 square feet in size. The exterior of all
�._ residential structures shall be a minimum of eighty percent (So%)
brick. Guttering of all roofs is required.
A 21' x 22' minimum, two car garage shall be constructed with
each unit on the same lot as the unit. The garage door shall be a
raised panel, embossed steel door or equal. Garage storage is
prohibited at the exclusion of required space for the two
dwelling owner vehicles. The garage door shall remain closed
except during exits and entrys.
No accessory buildings, other than those permitted in the
Town of Trophy Club's R-12 ordinance, shall be constructed on any
portion of any lot.
Section 2(a). Com liance with Munici a1 ordinances. Land use
in Lake Forest Village, Phase Five (5) shall comply with all
conditions of the Planned Development District, all applicable
conditions of the zoning requirements of the Town and all other
applicable ordinances of the Town concerning public health,
safety and welfare, including, but not limited to Ordinance No.
. Building lines shall comply with the conditions specified
in the (PD) Planned Development ordinance and the final plat.
Section 3. Building Location. No structure shall be located
in any Lot between the building setback lines shown on and
provided for in the Subdivision Plat and the street. With respect
to all lots, no building shall be located nearer than ten feet to
an interior Lot line. No main residence building nor any part
thereof shall be located on any Lot nearer than twenty-five feet
from the rear Lot line. No patio, deck, terrace, or other similar
open porch, swimming pool, or structure of any kind or
artificially surfaced area shall be located nearer to the street
than the front building line. For the purpose of this Section,
eaves shall not be considered as part of the building and may
extend over the building lines. For the purpose of this
Declaration, the front line of each Lot shall coincide with and
be the property line having the shortest dimension abutting a
street. Each main residence building will face the front of the
Lot and each detached garage will be located at least sixty-five
(65) feet from the front of a Lot on which it is situated and
will be provided with a driveway access from the front or side of
corner Lots. No garage shall open toward any street.
-23-
Section 4. Walls Fences and Hed es, No walls, fences, or
hedges shall be erected or maintained nearer to the front Lot
line than the walls of the dwelling situated on such Lot which
are nearest to such front Lot line, unless otherwise approved in
writing by the designated representative of the Town of Trophy
Club. All fences and walls must be at least six (6) feet in
height and no more than eight (B) feet in height; provided,
however, that the height of fences may vary to accomodate grade
changes.
Front facing fences must be constructed of masonry or metal
picket material, or
any combination thereof. All other fences,
inclusive of side
and rear yard fences, must be constructed of
either metal picket, wood or
masonry material. No chain link
fences shall be permitted.
Ownership of any wall, fence, or hedge erected as a
protective screening on Lot
a by Declarant (and the right to
erect any such wall, fence, or hedge for such
purpose is hereby
reserved in favor of Declarant, its successors and assigns) shall
pass with title to such Lot, and it shall be the Owner's
responsibility to maintain
said protective screening thereafter.
In the event of default on the part of Owner
i
or occupant of any
Lot in maintaining said protective screening and such failure
continuing
after ten (10) days written notice thereof, Declarant
or its
r—
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
!
Supplemental Declaration, and place
said protective screening in a satisfactory 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 therof. The
amount of such charge, together with interest thereon at the rate
of
six percent (6%) 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
an account Of the purchase price and/or
improvement of any such Lot,
CARTICLE
IX
Building and Use Restrictions
Section 1. Residence Buildings and Garages. No building or
other structure shall
be built, placed, constructed,
reconstructed, or altered on any Lot other than a single-family
residence, with appurtenances incident to single --family use,
-24-
including, without limitation, bona fide servants quarters, and
no structure shall be occupied or used until the exterior
construction thereof is completed. Each single-family residence
situated on a Lot shall have an enclosed, attached, or detached
garage for not less than two (2) nor more than four (4)
automobiles. No such detached garage shall have more than one (1)
L'— story. No carport shall be built, placed, constructed, or
reconstructed an any Lot. No garage shall ever 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.
r
Section 2. Sincrle-FamilV Residential Use. Each Lot
(inclu-
ding land and improvements) shall be used and occupied for
single-family residential purposes only. No Owner or other
occupant shall use or occupy his Lot, or permit the same or any
Part thereof to be used or occupied, for any purpose other than
as a private single-family residence for the Owner or his tenant
and their families and domestic servants employed on the
Premises. As used herein the term "single-family residential
Purposes" shall be deemed to prohibit specifically, but without
apartments
limitation, the use of Lots for duplex apartments, garage
, 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. Temporary and Other Structures. No structure of
a temporary character, 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, 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 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 of residences, and constructing other improvements in the
Properties. Such facilities may include, but not necessarily be
limited to, a temporary office building, storage area, signs,
Portable toilet facilities, and sales office. Declarant and
builders shall also have the temporary right to use a residence
situated on a Lot as a temporary office or model home during the
period of and in connection with construction and sales
operations in the Properties, but in no event shall a builder
have such right for a period in excess of one (1) year from the
date of substantial completion of his last residence in the
Properties.
Section 4. Nuisances. No noxious or offensive activity shall
be carried an or permitted upon any Lot or upon the Common
-25-
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 an annoyance. No trucks larger than three-quarters of
a ton, motor vehicles not currently licensed, boats, trailers,
C campers, motor or mobile homes, or other vehicles
permitted to be parked on any Lot, exce
on any street, pt ishalln a closed garage, or
be
be
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 of time not to exceed twelve (12) hours in
) hour period
any twenty-four (24. No repair work, dismantling, or
assembling of motor vehicles, or other machinery or equipment
shall be done or permitted on any street, on any Lot (except
inside a closed garage), or on any portion of the Common
Properties. The use or discharge of firearms, airguns, bows and
arrows, or any other device capable of injuring or killing,
firecrackers, or other fireworks in the Properties is prohibited.
No motor bikes, motorcycles, motor scooters, 'ego -cart:," or other
similar vehicles shall be permitted to be operated in the
Properties if, in the sole judgment 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 5. Si ns. Except for signs, billboards, or other
advertising devices displayed by Declarant for so long as
t Declarant or any successors or assigns of Declarant to who
rights of Declarant under this Section 5 are expressly m the
transferred, shall own anes, no signof
any kind shall, be displayedptotthe public view eon1any Lot sornthe
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 any
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 6. 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 two (2) adult animals) may be kept,
but they shall not be bred or kept for commercial purposes. Any
dogs, cats, or other common household pets that may be kept on
the premises of any Lot, shall upon 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
Golf Course, Lots, or any other areas. ,
-26-
Section 7. Removal of Dirt. The digging of dirt or the
removal of any dirt from any Lot or from any portion
Common Properties is prohibited, except as necessary of the
in
thereon. he
conjunction with landscaping or construction of improvements
Section 8. Garbage and Refuse Storage and Dis osal. All Lois and the Common Properties shall at all times
healthful, sanitary, and attractive condition. No Lot be in apart
of the Common Properties shall be used or maintained as a duming
ground 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. The Association shall have the right and
obligation to determine whether garbage disposal in the
Subdivision shall be through public authority or through private
garbage service. No garbage, trash, debris, or other waste matter
of any kind shall be burned on any Lot.
Section L Septic Tanks. No privy, cesspool, or septic tank
shall be placed or maintained upon or in any Lot, or other
portion of the Properties.
Section 10. Access. No driveways or roadways may be
constructed on any Lot to provide access to any adjoining Lot be
other portion or
of the Properties unless the express written
consent of the Architectural Control Committee first shall have
been obtained.
Section 11. Drivewa s and Culverts. Each Lot
accessible to an adjoining smust be
treet by a driveway suitable for such
Purpose before the residential structure located an any such Lot
may be occupied or used. No owner may block any drainage ditch
(including road ditches). The specifications for the construction
Of all drain tiles or culverts in any drainage ditch,
be installed in connection with a driveway or otherse,1emust to
be
approved by the Town of Trophy Club. Driveways shall be entirely
of concrete and shall be constructed with expansion joints not
more than twenty (20) feet apart, with one joint at the back of
the street curb. The width of each driveway shall flair, and the
curb shall be broken in such a manner that the driveway shall be
at least four (4) inches thick at its end toward the street
Paving, and this extreme shall be poured against a horizontal
from board to reduce the unsightly appearance of a raveling.
driveway.
_?7_
Section 12. 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 13. Resubdivision. Declarant shall have and
C reserves the right, at any time, or from time to time, upon the
joinder and consent of the appropriate county and/or municipal
authorities and the Board of Trustees of the Association, but
without the joinder and consent of any other party,
replat of the Subdivision Plat to file ato affect a resubdivision
reconfiguration of any Lots in the Properties then owned by
Declarant so long as such replat results in no Lot being
diminished in size. The privilege to replat Lots in the
Properties owned by Declarant reserved in this Section shall be
exercisable only by Declarant or any successor to 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
Declarant, or from any Sucany purchaser from
cessor or assign of Declarant, of any
Lot in the Properties.
Section 14. Drillin and Minin Operations.
drilling, water drilling,No oil
ref ining, or development operations, oil
g, quarrying, or mining operations of any kind shall be
Permitted upon or in any Lot, nor shall oil wells, water wells
tanks, tunnels, mineral excavations, ,
or shafts be permitted upon
or in any Lot. No derrick or other structure designed for use in
boring for oil, natural gas, or water _shall be erected,
maintained, or permitted upon any Lot.
Section 15. 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
ermit the
accumulation of garbage, trash, or rubbish of any kind hereon
and shall not burn anything (except by use of an incinerator and
then only during such hours as permitted by law). 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, waterfront, Golf Course, or other
facilities where the rear yard or portion of he Lot is visible
to full public view shall construct and maintai
n a or
other suitable enclosure to screen the following drying from yardpublicview: the drying of clothes, yard equipment, wood
Cpiles
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
andnd days' written notice thereof, Declarant or its successors
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 and remove or cause to be removed
-28-
such garbage, trash, and rubbish 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 assess 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
C ar 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 six percent (6s) 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,iven
g 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 16. 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 an the Common Properties or any part
thereof without the written consent of the Association first
having been 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 17. Exem t Property. Notwithstanding any provision
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 18. Pro ane Butane or LP Cas. The installation
and use of any propane, butane, LP Cas, or other
bottle, or cylinder of an t gas tank,
approval of the Town of any
and, if require
prior written
be underground. Any control boxes, valves, connectidons, or
refilling or refueling devices shall be completely landscaped
with shrubbery so as to obscure their visibility from the street,
Golf Course, or any Common Properties, or from any other Lot or
area.
-29-
Section l9. Ritts of the Town.
A. The Town shall have the right to perform the
maintenance obligations of the Trophy Club Community improvement
Association if the Association fails to reasonably perform its
maintenance obligations within ten (1o) days after receipt by the,
L Association of written notice from the Town stating the nature
and extent of the Association's failure to maintain common areas
and/or other amenities or improvements.
B. Upon assuming the maintenance obligation, the Town
may collect all assessments in accordance with the procedures set
forth in the Association's By -Laws.
C. The Declarant agrees and understands that the
restrictive covenants shown herein are not intended to restrict
the rights of the Town Council to exercise its legislative
governmental rights, duties and powers. and
ARTICLE X
General Provisions
Section 1. Duration. The covenants and restrictions of this
Declaration shall run with and bind the Properties, and shall
inure to the benefit of and be enforceable by Declarant, the
Association or the Owner of any land subject to the Declaration
or any Supplemental or Amended Declaration, their respective
legal representatives, heirs, successors, and assigns, for an
initial term commencing on the effective date hereof and ending -
December 31, 2015. During such initial term
and restrictions contained in all Articles hereofotherotherenthan
Articles VIII and. IX may be changed or terminated only by an
instrument signed by the then Owners of all 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 hereby may be changed- or
terminated only by an instrument signed by the then Owners of all
Lots in the Properties and properly recorded in 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), shall be automatically
extended for successive periods of ten
ten (10} year extension (lo} years. During such
restrictions contained in all A ticdles hereoft the her thcovenants and
an
VIII and IX hereof may be changed or terminated onl Ar by clan
C instrument signed by the then Owners of not less than fiftone
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 fi
(51%) of all Lots in the Properties and properly recordedpent incthe
appropriate records of Denton County, Texas.
-30-
Section 2. Enforcement. Declarant, the Town of Trophy Club,
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
restrictionsat law or in equity, all
, covenants, conditions, reservations, Liens,
charges, assessments, and all other provisions set out in this
Declaration, or any other Supplemental or Amended Declaration,
except as may be otherwise provided in such instruments. Failure
of the Declarant or 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 t
enforcement action upon any subsequent breach l o take
or default.
Section 3. Amendments by Declarant. The Declarant shall have
and reserves the right at any time and from time to time, without
the joinder or consent of any other party, to amend this
Declaration by an instrument in writing duly signed,
acknowledged, and filed for record for the Purposes of correcting
anny consistenc aphhical or grammatical error, ambiguity or
Yappearing herein, provided that any such amendment
shall be consistent with and in furtherance of the general plan
of development as evidenced by this Declaration and shall not
impair nor affect the vested property or other rights of any
owner or his mortgagee.
Section d. Inter retation. If this Supplemental Declaration
or any word, clause, sentence
art
shall be thereof
susceptible of sentence, Paragraph,
one or or her pconflicting
interpretations, then the interpretation which is most nearly in
accordance with the general purposes and objectives of this
Supplemental Declaration shall govern.
Section 5. Omissions. If any punctuation, word, clause,
sentence, or provision necessary to
effect to any other word, lause givsent sentence, or lidity, or
Provision
appearing in this Supplemental Delcaration shall be Omitted
herefrom, then it is hereby declared that such omission was
unintentional and that the omitted punctuation, word, clause,
sentence, or provision appearing in this Supplemental Declaration
shall be omitted herefrom, then it is hereby declared that such
omission was unintentional, and that the omitted punctuation,
word, clause, sentence, or provision shall be supplied by
inference.
Section 6. Notices. Any notice required to be sent to any
Member or Owner under the provisions of this Declaration shall be
Cdeemed 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, wherever 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,
-31-
I'
males or females, shall in all cases be assumed as though in each
case fully expressed.
Section 8. Severabilit 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 XI
Consent of Board of Trustees of Association
The members of the Board of Trustees of the Association have
executed this Declaration to evidence its approval of Declarant's
election to bring the
Declaration under the authProperties Within the scheme of the
3, of the Declaration. ority contained in Article III, Section
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, and the members of the Board of Trustees of the
Association, have executed this Supplemental Declaration to be
effective this the day of
, 1988.
GIBRALTAR SAVINGS ASSOCIATION
By:
James D. Hurst,_Vice president
TROPHY CLUB COMMUNITY IMPROVEMENT
ASSOCIATION
By:
e
Board of Trustees, Trophy Club
Community Improvement Association
By:
er
Board of Trustees, Trophyembub
Community Improvement Association
By:
er
Board of Trustees, Trophyecblub
Community Improvement Association
-32-
By:
Board of Trustees, Trophyember CClub
Community Improvement Association
F
By: _
t7t Board of Directors, Trophy club
Community Improvement Association
r THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
known to me to be the person and officer whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same
was the act of the said GIBRALTAR SAVINGS ASSOCIATION, a Texas
Savings Association, and that he executed the same as the act of
such corporation for the purposes and consideration
expressed and in the capacity therein stated. therein
of GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
, 19_, day
Notary Public, State of TEXAS
Printed name:
MY commisions expires:
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day y personally
Trophy Club Community Improvement As ociti n, kno n to meard of Stoebe
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therein
stated, and as the act and deed of said Association.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
r , lg— day of
Notary Public, State of TEXAS
Printed name:
My commission expires:
-33-
THE STATE OF TEXAS
*
COUNTY OF DENTON
BEFORE ME, the undersigned authority, on this day personally
appeared , Member of the Board of Trustees, Trophy..
I- Club Community Improvement Association, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and
consideration therein expressed, in the capacity therein stated,
and as the act and deed of said Association.
GIVEN UNDER MY HAND AND SEAL OF OFFICE
of this the
Z 9 ----- day
Notary Public, State of TEXAS
Printed name:
My commission expires:
THE STATE OF TEXAS
*
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this da
appeared , Member of the Board of personally
Trophy Club Community Improvement Association, known to me to be
3 the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the '
and consideration therein expressed, in the capacity purposes
and as the act and deed of said Association.
GIVEN UNDER MY HAND AND SEAL
OF OFF
of 19 ICE this the - day
Notary Public, State of TEXAS
Printed name:
My commission expires:
THE STATE OF TEXAS
*
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this da
appeared , Member of the Board of Trustees, Trophy
Club Community Improvement Association, known to me to be the
Person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therein
stated, and as the act and deed of said Association.
-34-
of GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
19 day
Notary Public, state of TEXAS
Printed name:
My commissions expires:
THE STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this da
appeared Member of the Board day
fpTrusteesy
Trophy Club Community Improvement Association, known to me to be
the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed, in the capacity therin
stated, and as the act and deed of said Association.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
Ig
Notary Public, State of Texas
Printed name:
My commission expires:
-35-
1
APPENDIX B
Exhibits H. L K, L, M
and N
10.
-_ _`-^:_`•^ ori j _
I W a u
LL
C
isaeod � �
,�...� ..., 3
so
Is
i Ci is : •.- :i .' P.E } y oI'n 4�
LL!
oz
co
i.Nil 315 j:i i!, �•' 9 Ql, <ol
6l '4
`/f ryry,�4i ryry 28 a1 I Bi,y
.,' \��•' •� ti �y � '� ° ` 019
/Cyg p�. •f '�• �. n p M1 p p's
vi
37 v 3l13'd
M4•crols
EXHIBIT
W
00,2�1—
J
LO
toN
LUV
O
`f 2
K a
. _.'' I z
Ld
>—
J W S ti� N
CL
a
¢ t
n a W # is
•xxa
FC}wF
xrat.
F--
,-Ems
} zC,
W
CC
iw.-cosT
=
=)
m C
c
oa`�
?
f W ui.yC
! LL
2a
az..
t s�yOYt
O
!•J_r"C x
LLI
CL
.--3
a u
Q
ar' W
w C
f,�nr,ou a
x m
Qr,
w o= a a
Y t K 5
3
"
-I
W
m
J
LO
toN
LUV
O
m I
Ld
>—
CL
a
¢ t
FC}wF
"—Lco
F--
W
CC
W
Cl) Z
=
=)
m C
c
oa`�
! LL
2a
az..
W
CL w
}—
LLI
CL
.--3
a u
Q
w C
Qr,
o
3
"
-I
41' .tj
'lea'+.
"t'f^'c�s.�. F
ir�z,'a���
EXHIBIT J. Open Space Dedication P -
� p Plat
i
THIS MAP WILL BE PREPARED
SUBJECT TO THE APPROVAL OF THE
PROPOSAL AND INCLUDED IN THE
FINAL ORDINANCE.
PD
i
CE, - "I
I'
�r<IGr- t�yt-�N5
CNV ?712-165K Ars �
LOT SIZE (SF)
> 12,000 SF
10 - 12,000 SF
TOTAL
AVERAGE
LOT WIDTH (FT)
> 90 FT
80-90 FT
¢80 FT
TOTAL
AVERAGE
EXHIBIT L
RESIDENTIAL LOT SIZE SUMMARY
f'TJV,A A
LOT) % )
AREA B
# LOT) %
AREA O
TOTAL
23
52%
38
56%
# LOT)
°Xo
(## LOT)
% `
43%
2
5%
8
9
47%
53%
7
100%
22
50%
37
54%
43%
20
0
0%
22
50%
31
46%
17
12500
100%
SF
7
100%
44
100%
68
100%
FT
86
15000
SF
12250
SF
12500
SF
11
5
65%
29%
4
57%
23
52%
38
56%
1
6%
3
0
43%
2
5%
10
15%
0%
19
43%
20
29%
17
99
100%
FT
7
100%
44
100%
68
100%
87
FT
86
FT
89
FT
'
7N
]
§.
N
N
N
N
N
\
\
N
\
N
\-
\
N
\
N
\
\
N
N
.�
N
N
N
\
N
N
N
\
N
\
N
N
N
N
N
\
\
N
N
N
N
N
\
N
N
N
\
\
N
�
�
■ e
�
a
s
e
■ e
■ e
�
�
e
�
k
�
N
�
k
�
�
L
O ww
T iir Ot i . r -Ki
�idY�J'•un i
-sw2 zTa
�i c'w'rayes
.W �oe�y��igs
a
o=
:)�-' xietirStT
Z o
EXHIBIT N
w m
Q C3
Q
J
—J
}oCL
M
w //
ut/fj'� ~
Z
{oa
t.L = Q
UJ
w
Y—
<
< C-)
—1 O
U O 3 =
K
fza-a A3nans �3rHaisv•�•r �:�
,� �a=v .�.;ntlns Nf�Q3YY•7 � — _ -
�zz
/
°�•
/
.�Y' iii
�
1 At,
1341
C
6P