ORD 2002-03 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2002 — 03 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING
AND RATIFYING ORDINANCE NO. 98-24 A P&Z OF THE TOWN, THE SAME
BEING PD PLANNED DEVELOPMENT #19, WHICH REFERENCED AN
AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 94-09 OF
THE TOWN; PROVIDING FOR THE CORRECT NUMERICAL REFERENCE
FOR THE THEN CURRENT COMPREHENSIVE ZONING ORDINANCE;
ADDING PROVISIONS TO INCORPORATE THE CONSTRUCTION SCHEDULE
AS ORIGINALLY PROVIDED FOR IN PD PLANNED DEVELOPMENT #19,
GENERALLY KNOWN AS THE ESTATES OF HOGAN'S GLEN; AMENDING
THE OFFICIAL ZONING MAP OF THE TOWN TO REFLECT THE
INCORPORATION OF CONSTRUCTION SCHEDULE AS ORIGINALLY
PROVIDED FOR IN EXHIBIT "E" OF PD PLANNED DEVELOPMENT #19;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS;
PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club, Texas, is a Type A General Law Municipality
located in Denton County, Texas and created and operating in accordance with the provisions of
the Texas Local Government Code and operating pursuant to the enabling legislation of the State
of Texas;
WHEREAS, the owner of a tract of land (the "Land") described as a 9.033 acre tract of
land and a 6.4871 acre tract of land, both tracts generally known as the Estates of Hagan's Glen
and more specifically described in Exhibit "A", attached hereto and incorporated herein, filed an
application with the Town Planning and Zoning Commission requesting a change in zoning of
the Land and an amendment to the official Zoning Map of the Town in accordance with
Ordinance 94-09 of the Town; which was referenced as the then applicable Comprehensive
Zoning Ordinance of the Town;
WHEREAS, all legal notices, requirements and conditions having been complied with,
the case to rezone the Land came before the Planning and Zoning Commission and Town
Council;
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at the public hearings
and all other relevant information and materials, the Planning and Zoning Commission of the
Town recommended to the Town Council the adoption of the amendments to the Comprehensive
Zoning Ordinance as set forth in Ordinance 98-24 A P&Z;
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the information and other materials received at the public
hearing, the Town Council concluded that the adoption of Ordinance 98-24 A P&Z was in the
best interest of the Town of Trophy Club, Texas, and of the public health, safety and welfare,
and adopted such Ordinance on the 181h day of August, 1998;
WHEREAS, since the adoption of Ordinance 98-24 A P&Z, inadvertent clerical errors
were discovered, whereby the Ordinance incorrectly referenced the Town's Comprehensive
Zoning Ordinance as Ordinance No. 94-09 throughout, when the appropriate numerical reference
should have cited the then current Ordinance No. 97-10 P&Z; and whereby the Construction
Schedule, referred to as Exhibit "E" to the Developer's Planned Development submittal, was not
properly referenced in enacting Ordinance 98-24 A P&Z; and
WHEREAS, having discovered such error and after due deliberation and consideration
by the Planning and Zoning Commission and the Town Council of the Town of Trophy Club,
Texas, at properly posted public hearings, the Town Council now deems it necessary to adopt
this Ordinance amending Ordinance No. 98-24 A P&Z by correcting all clerical errors and
ratifying all other provisions of Ordinance 98-24 A P&Z, and concludes that such adoption is in
the best interest of the Town and of the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDING
A. Ordinance No. 98-24 A P&Z of the Town of Trophy Club, Texas, the same being
the Town's PD Planned Development #19, is hereby amended to properly
reference the then current Comprehensive Zoning Ordinance as Comprehensive
Zoning Ordinance No. 97-10 P&Z. All references to Comprehensive Zoning
Ordinance No. 94-09 are hereby recognized as clerical errors, and shall be
replaced with a numerical citing of 97-10 P&Z,
B. Ordinance No. 98-24 A P&Z of the Town of Trophy Club, Texas, the same being
the Town's PD Planned Development #19, is further amended to properly
reference the Construction Schedule, referred to as Exhibit "E", as originally
provided for in the Developer's Planned Development submittal, as follows:
(1) Construction Schedule. The construction schedule for the development of
the Land is attached as Exhibit "E" and is incorporated herein as if copied
in its entirety. Such schedule is contingent upon Town approvals of
zoning, platting and construction permitting.
The above referenced items, and all other articles, chapters, sections, paragraphs,
sentences, phrases and terms of Ordinance 95-24 A P&Z, or any other amending ordinances
thereof, are hereby ratified and affirmed. Ordinance No. 98-24 A P&Z shall read now as it
should have read then.
SECTION 3.
ZONING MAP
The Planning and Zoning Coordinator is hereby directed to mark and indicate on the
official Zoning District Map of the Town to reflect all corrections made herein.
SECTION 4.
CUNIULATIVE
That this Ordinance shall be cumulative of all other Ordinances affecting the regulation
of land and zoning and shall not repeal any of the provisions of such Ordinances except for those
instances where there are direct conflicts with the provisions of this Ordinance.
SECTION 5.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any
and all violations of the provisions of any other Ordinance affecting regulations governing and
regulating the platting and subdivision of land which have secured at the time of the effective
date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such Ordinances same shall not be affected
by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which, remaining portions shall remain in full
force and effect.
SECTION 7.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 8.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 9.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 10.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council e Town of Trophy Club, Texas,
this 7`h day of January, 2002.
ATTEST
PH
co
of Trophy Club, Texas
Town Secretary L
Town of Trophy Club, Texas
EFFECTIVE: Januga 16, 2002 [SEAL]
_
-4-
APPROVED AS TO FORM:
own Attorney
Town of Trophy Club, Texas
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 98-24 A P & z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 94-09 OF THE
TOWN, THE SAME BEING THE COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN BY CHANGING THE
ZONING ON A CERTAIN TRACT OF LAND DESCRIBED
AS A 9.033 ACRE TRACT OF LAND FROM ITS CURRENT
ZONING OF PROFESSIONAL OFFICE, AND A 6.4871.
ACRE TRACT OF LAND FROM ITS CURRENT ZONING
OF R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED
DEVELOPMENT #19 FOR SINGLE FAMILY RESIDENTIAL
USES; PROVIDING THAT SUCH TRACT OF LAND SHALL
BE USED IN ACCORDANCE WITH THE REQUIREMENTS
OF THE COMPREHENSIVE ZONING ORDINANCE AND
ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT
THE PD PLANNED DEVELOPMENT #19 ZONING
DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the tract of land (the "Land"), described as a 9.033 acre tract
of land currently zoned for Professional Office uses, and a 6.4871 acre tract of land currently
zoned for R--12 Single Family Residential uses, both tracts generally known as the Estates of
Hogan's Glen and as described in Exhibit "A" attached hereto and incorporated herein, filed an
application with the Town Planning and Zoning Commission requesting a change in zoning of
'he Land into PD Planned Development 919 for Single Family Residential uses and an
nendment to the official Zoning District Map of the Town in accordance with Ordinance No.
09 of the Town (the "Comprehensive Zoning Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied with,
to rezone the Land came on before the Planning and Zoning Commission and Town
and
'EREAS, the Town Council, at a public hearing held jointly with the Planning and
unission, had an opportunity to consider the following factors in making a
as to whether the requested changes should be granted or denied: effect on the
,c streets, safety of the motoring public and the pedestrians using the facilities in
tely surrounding the Land, noise producing elements and glare of vehicular and
stationary lights and effect of such lights on the established character of the neighborhood, the
fire hazards and other dangers possibly present and the securing of safety from the same, lighting
and type of signs and the relation of signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated for proposed uses around the
Land and in the immediate neighborhoods, the effect on the promotion of health and the general
welfare, effect on adequate light and air, the effect on the transportation, water, sewerage,
schools, parks and other public facilities; and
WHEREAS, the Town Council further considered among other things the character of
the districts and their peculiar suitability for particular uses, with a view of conserving the value
of buildings and encouraging the most appropriate use of land in the Town, and does hereby find
that the rezoning approved hereby accomplishes such objectives; and
WHEREAS, the Town Council finds that the zoning granted herein utilizes innovative
land development concepts and is consistent with the Town's Comprehensive Land Use Plan; and
WHEREAS, after public notices were given in compliance with State Iaw and public
hearings were conducted, and after considering the information submitted at the said public
hearings and all other relevant information and materials, the Planning and Zoning Commission
of the Town has recommended to the Town Council the adoption of the amendments to the
Comprehensive Zoning Ordinance as set forth in this Ordinance; and
WHEREAS, the Town Council has determined that there is a necessity and need for the
change in zoning and that there has been a change in the conditions of the Land surrounding and
in close proximity to the Land since the Land was originally classified and therefore the change
in zoning herein made is needed; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission and the information and other materials received at the public
hearing, the Town Council has concluded that the adoption of this Ordinance is in the best
interests of the Town of Trophy Club, Texas and of the public health, safety and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Inco oration of premises. The above and foregoing premises are true and
correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same
being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following
particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are
not amended but are hereby ratified and affirmed:
A. The zoning on the Land, being a 9.033 acre tract of land and a 6.4571 acre tract
of land described in Exhibit "A" attached hereto and incorporated herein, heretofore zoned
Professional Office and R-12 Single Family Residential District, respectively, is hereby changed
to PD Planned Development District for Single Family Residential uses in accordance with the
requirements of this Ordinance (including Exhibits "B," "C," and "D," each of which Exhibits is
DOC' :. 625215
311OFFMIAL WHO
incorporated herein for all purposes), all applicable parts of the Comprehensive Zoning
Ordinance, and all other applicable ordinances, rules and regulations of the Town.
Section 3. Site plan. A planned development site plan for the Land or any part thereof
which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be
submitted by the Owner of the Land as required by and in accordance with the Comprehensive
Zoning Ordinance and shall be attached hereto and incorporated herein as a part of this Ordinance
and labeled Exhibit 'B."
Section 4. Zoning map. The Planning and Zoning Administrator is hereby directed to
mark and indicate on the official Zoning District Map of the Town to reflect the zoning change
herein made.
Section 5. Development conditions. In carrying out the development of the Land in
accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be
conditions precedent to the granting of any certificate of occupancy.
Section 6. Restrictive covenants. In connection with the development of the Land, the
Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants
running with the Land (which covenants are attached hereto as Exhibit "D") in a form to be
approved by the Town and to which the Town may be made a party for certain purposes.
Section. 7. Applicable regulations. In all respects the Land shall be subject to the
applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable
and pertinent ordinances and regulations of the Town.
Section 8. Purpose. The amendment to zoning herein made has been made in accordance
with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and
welfare of the community, and with consideration of the reasonable suitability for the particular
use and with a view of conserving the value of the buildings and encouraging the most
appropriate use of Iand within the community.
Section 9. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulation of land and zoning and shall not repeal any of the provisions of
those ordinances except in those instances where the provisions of those Ordinances are in direct
conflict with the provisions of this Ordinance.
Section 10. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall be fined,
upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate
offense shall be deemed committed each day during or on which a violation occurs or continues.
Section 11. Severability. The sections, paragraphs, sentences, phrases, clauses and words
of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word
in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance, and the Town Council hereby declares that it would
DOC P!: 625215
r:0
FFIC I IL C(0, � 1
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 12. Effective date. This Ordinance shall become effective from and after its date
of adoption and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the th day of August 1998.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney,
Town of Trophy Club, Texas
DOC t;: 625215
TOWN OF
TROPHY CLUB
APPLICATION FOR ZONING CHANGE
CASE NO.
PROPOSED AMENDMENT
PRE5EINT ZONING PO
REQUESTED ZONING PD
LEGAL DESCRIPTION OF PROPERTY
PRESENT USE VACANT
INTENDED U5E SINGLE FAMILY
PLATTED PROPERTY - LOT SECTION
UNPLATTED PROPERTY- SURI' rEYNAME MEDLIN A- 821-82
ACRES 15.5201
'NOTE - IF PROPERTY IS NOT PLATTED, ATTACH METES AND BOUNDS DESCRIPTION.
OTA'NE, RSHIP/APPIGI[CANT INFORMATION
NAME OFO"ANER/APPLICANT BECK PROPERTIES
ADDRESS 100 TROPHY CLUB DRIVE PHONE ( 8.17) 430-8992
TaoPHY CLUB TX 76262
SIGNATURE OF APPLICANT
..................a.....eve....................................................................
SUBMISSION OF APPLICATION FEES
ENTNTS
Preliminary Hearing - P&Z
PuLlic Dearing - P&Z and Council
Effective Dake J Ordinance
Recorded an Zoning Map
SITE PLAN REVIEW FEE.
RECEIPT NO. DATE
BATE ACTION REMARKS
A) $400.00 PER SITE PLAN PLUS $10.00 PER ACRE WHEN THERE ARE LESS TAN 3 ACMES; OR
B) 1,500,00 PER SITE PLAN PLUS $2D.00 PER ACRE WHEN THERE ARE 3 ACRES OR MORE.
Li C
4�4
? i C
� t
. K
H01 9661 21 Id 4l � 411V PJ 7f19i-9UI\OvM9196991Vd
SINGLE FAMILY RESIDENTIAL
PLANNED DEVELOPMENT
ZONING ORDINANCE
FOR
THE 15.5201. ACRE TRACT
KNOWN AS
THE ESTATES OF HOGAN' S GLEN
TROPHY CLUB,
DENTON COUNTY
TEXAS
Presented To The
TOWN OF TROPHY CLUB
TROPHY CLUB, TX
AUGUST 1998
£slates arHogan's Glen FRF—.CEIVE
Pd Ordinance oy�+g
8111198 A G ! �%
BY:
PDA, 19
AUG 1.8 �c
Page 1
TABLE OF CONTENTS
LOCATION MAP
APPLICATION
SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ZONING ORDINANCE
I. EXHIBIT A: LEGAL DESCRIPTION
H. EXHIBIT B: PD DEVELOPMENT PLAN
III. EXHIBIT C. DEVELOPMENT STANDARDS AND SINGLE FAMILY
HOUSING REGULATIONS
A. GENERAL PURPOSE
B. USES GENERALLY
C. BUILDING PERMIT REQUIREMENTS
D. HEIGHT REGULATIONS
E. AREA REGULATIONS
F. GARAGES
G. CONSTRUCTION REGULATIONS
H. DRIVEWAYS AND WALKWAYS
I. SPECIAL PAVING
J. FENCES / WALLS / RETAINING WALLS
K. COMMON AREAS
L. LANDSCAPE
M. UTILITIES
N. TRASH RECEPTACLES AND COLLECTION
O. TEMPORARY STRUCTURES AND VEHICLES
P. SIGNS
Q. EXTERIOR LIGHTING
R. PRIVATE STREETS
S. NON SPECIFIED REGULATIONS
IV. EXHIBIT D: DRAFT OF PROPOSED COVENANTS, CONDITIONS AND
RESTRICTIONS
V. EXHIBIT E: CONSTRUCTION SCHEDULE
Pslnfes of 110gan's Glen
PD Ordinance Page Z
8111198
LEGAL DESCRIPTION
BEING a Irncl of pracol of land out of the J.R. Michael Survey, Abstract 821 and C. MERLIN SURVEY
ABSTRACT No, 423, 41 Denton County, Texas, and being part of a fated of land described in deem
to BECK PROPERTIES TROPHY L.P., recorded in County Clerks f=ile No. 93-80087616, Real Property
Records of Denton County, Texas and being more parilcularly described as follows:
BEGINNING at a 518 Inch iron and found for comer at the Intersection of the North line of Indian Creole Drive
and the Easterly line of Trophy Club Drive;
THENCE North 58'54'54" East a distance of 78.50 feet to a 112 Inch iron rod found for corner at the
beginning of a curve to tho loft whose chord bears North 25"54'24" East, 513.19 feet;
TFIE14CE in a Northeasterly direct.lon along said curve to the loft having a central oriole of 88`01'00", a
radlus of 471.02 feet, and an arc length of 542.71 feet to a 518 inch iron rod set for comer;
THENCE North 07"06'08" Wast n d€stanGo, of 106.25 fent to a 5/8 inch Iron rod set for corner;
THENCE. North 131'21'24" East a distance of 201,71 feet to a 5/8 Inch iron rod set for corner;
T1.IENCE South 251,17'11" Ea9t a dislance of 116.37 fact to a 5111 irtich iron rod sat for corner;
THENCE Soulll 17°42'30" East n distance of 87.71 feet to a 518 'Inch iron roll set for corner;
THENCE South 04"07'33' East a distance of 93.20 feet to a 5/8 Inch iron rod set for corner;
THENCE Seulh 02` 34'18" East a distance of 94.56 feet to a 518 inch Iron rod sol for Comer;
THENCE South 01 V51'28" Wust a distance of *192.45 feet to a 518 inch Iran rod set for comer;
THENCE South 79"28'35" L451 a distance of 93.09 fere[ to a 5/8 Inch Iron roti set for comer at the beginning
Of a curve to the loft whose chofd bears North 1 F20''10" Ej st, 2.88 fact;
THENCE In a NOrtharly direction along said curve to ilia left h4lving a central anole of 0"43139", a radius of
225.00 feet, and an are langlh of 2.86 feet to a 518 inch iron rocs set for corner;
THENCE In a Norll7erty and Northenslarly direction along sn€d curve to the right having a central angle of
'15"09'38", a radius of 625.00 feet, and an are length of 185.38 feel is a 5/8 ]rich Iron rod set for comer at
the bcglnning of a curve to Iiia right whose, chord bears North W'03'32" East, 10.83 fact;
THENCE in a Northanslorly direction along sold curve to the right having a central angle of 1 "51'08", a
radius of 335.00 feet, and an arc length of 10.83 feel to a 51a Inch iron rod slit for corner;
THENCE north 04'08'42" East n distance of 49.1.54 fool 1e, a 518 irlclti Iron rod sat for corner;
THENCE North 53°59'24" East n distnnco of 122.44 feet to a S18 inch Iron rod set for comer;
THENCE South 78"07'54" East a dlslance of 1178.05 feet to a 518 Inch iron rod sot for corner;
THENCE South 38"13'03" East n dislanco of 304.85 fuel to a 5/8 inch Iron rcK( set for corner:
THENCE Soulh 311°47'23" East a distance of 238.98 feet to a 518 [rich Iron rod Set for corner;
THENCE South 32'23'41" West a dlstnrico of 10_1,06 foot to a 518 inch Iron rod set for comer at the
beginning of 8 curve to the right whose chord bears South 28"11'59" East, 70,75 feet;
THENCE in a Southeasterly and Southerly direction along said curve to the right having a central angio of
18`40'32', a radius of 275.00 feel, and art arc length of 80.04 feet to a 5/8 inch iron rod set for corner;
THENCE In a Southerly, Southeasterly and E ostody direction along said curve to the left having a central
angle of 61 110'59", a radius of 175.00 feet, and an arc length of 186.67 feet to a 112 Inch iron rod found for
corner nt the Ixauinning of a curve to the left whose chord bears North 85"10'58" East, 110.03 feet;
THENCE in a Easterly diroctlon along spirt curve to the left having a central angle of 2712'38", a radius
of 250.00 feat, arid an aro length of 120.18 feet to a 5113 inch iron rod set for comer;
THENCE South 10`'57123" Wost a distance of 10.28 feet to a 518 Inch iron rod set for corner;
THENCE South 83"51'54" East a distance of 79.01 feet to a 518 inch iron rod sot for comer,
at the beginnirta of a curve to the right whose chord boars South 78'4'1'22" We'll, 207.82. feel;
THENCE in a Southwesterly and Westerly direction along said curve to the right having; a central angle of
4V31'51'. a radius of 300.00 feet, and an arc length of 212.22 feet to a 518 inch iron rod set for corner at
the beginning of a curve to the right whose chord hears North 50"27'13" West, 229.01 feat;
THENCE In a Westerly, Northwostoily and Northerly direction along said curve to the right having a central
analo of 01 °10'Sti", a radius of 225.00 feet, and an arc length of 240.27 feet to a 112 Inch Iron rod found for
corner,
THENCE In a Northerly and Northwesterly direction ,along said curve to the left having a central angle of
44"27'53", a radius of 225.00 feet, and ail arc length of 174.01 foot to a 5/8 inch iron rod set for comer at
the bogirinino of a curve to the left whose chord boars South 74"24'11" West, 375.98 feel;
THENCE in a Norlhwestorly, Westerly and Southwesterly direction along said curve to the left having a
central angle of 82"32'25% a radlus of 285.00 feet, and an arc length of 410.57 feet to a 518 Inch Iron rod
A for comer at the boginning of n curve to the left whose chord benrs South 25033'10" West, 151.70 feet;
THENCE in a Southwostorly and Southerly direction along said curve to the left having a contral angle of
15"09'38", a radius of 575.00 fool, tend an BFC length of 152.15 feat to a 518 Inch iron rad sot for corner;
THENCE In a Southerly direction alone Said curve to Ilia right Ittiving a central angte of 3'09'11", a radius
of .275.00 foot, and an arc length of 15,13 feet to ri 518 inch Iron rod set for corner;
THENCE South 58'06'04" East to distance of 27.33 foot to a 518 inch iron rod set for corner,
THENCE South 08`51'07" Wast a distance of 80.07 foot to a 518 inch iron rod set for currier;
THENCE South 661,03'41" East a distance of 100.57 feel to a 518 inch iron rod set for corner,
THENCE South 54"47'00" East a dislaTwe of 78.4'1 root to a 510 Inch iron rod set for corner;
THENCE South 68'44'013" Wast a distance of 80.55 feel to a 518 inch Iron rod set for corner;
THENCE South 138°20'34" West a distance of 141.50 feat to ai 518 Inch Iron rod sot for comer;
THENCE South 75"04'34" West n distance of 46.40 foul to a 518 Inch iron rod set for comer;
Tf-l>=[NICE South 70°27'34" Wast o distance of 713.50 real to a 518 Inch iron rod sot for corner;
THENCe South 59°28'34" West a distance of 75,3o feat to a 513 Inch iron rod set for comer;
THENCE South 02'39'34" Wast a distance of 92.50 fuel t0 a 5/8 inch Iron rod Sot for corner;
THENCE South 41� 44'50` West a dlstanco of 45,78 feet to a 518 Inch iron rod spt for corner;
THENCE South 3'i `29'52" West a distance of 0.17 feet to a 518 Inch Iron rod sot for comer;
THENCE North 31 "07'23" West a distance of 27.17 feet to a 518 Inch Iron rod set for corner,
at the haglnning of a curve to the tort vrhose chard hears North 30°59'17" West, 139.35 feat;
T1 IENCE In a Northwasterly dliroctlon along said curve to tiie left having a central angle of 17°43'47", a
radius of 225.00 foot, and an arc length of 89.62 flet to a 518 inch iron rod set for comer;
at the bnglnning of a curve to the right whose chord hears North 40`26'37" East, 5.00 feet;
THENCE= In a Northeasterly direction along said curve to the right having a central angle of 0'45'50", a
rmtlus of 375.00 feet, and an arc length of 5.00 feet it) a 5i8 inch Iron rod sal for comer;
THENCE North 49°10'28" Wost a distance of 50.00 feet to a 518 Inch Iron rod set for carrier at the beginning
of a curve to the left whose chord tars South 40`08'38" West, 10.12 feel;
THENCE In a Soulhwe itody dirorlion along said curve to the left having a central angio of 1121'52", a rndlus
of 425.00 reel, and an arc length of 10.12 feat to a 5/8 inch ifion red sat for comer at the beginning of a curve
In the right. whoso chord bn❑rs Nodh 54-01'29" Wost, 24.59 feet;
THENCE In ❑ NoMmu5torly dlrectlon ❑long said curve to the right having a contra[ angle of 8"03'33", a
radius of 175.00 fast, and an arc length of 24.61 feet to a 518 Inch iron rod set for comer;
THENCE South 38°22'03" West a dlstlrloo of 50.02 feet to a 518 inch Iron rod set for comer;
THENCE South 50'59'45" fast a distance of 5.00 feet to a 518 Inch Iron rod set for comer;
THENCE South 27`52'41" West a distance of 2.28 feet to a 518 Inch iron rod set for comer;
at the beginning of ❑ curve to the right Vihose chord bears South 43"22'W West, 83.53 root;
THENCE In ❑ Southwesterly direction along said curve to the right having a Central angle of 30"59'55", a
r❑dius of 175.00 feet, midi an arc length of 94.48 feet to a 518 Inch iron rod set for comer;
THENCE South 58'52'38" West a distance of 42.10 foot to a 518 inch iron rod set for Comor;
al the boginning of a curve to the right whose chord bears North 78°07'24" West, 20.28 feet;
THENCE in a Southwesterly diroctlon along said curve to the right having a central angle of 90"00'00", a
radlus or 20.00 foot, and an are longth of 31.42 root to a 518 Inch iron rod set for corner;
THENCE North 31 "07'24" West a di,,AHnae of 325.00 feet the POINT Or BEGINNING and cotil❑ining
15,5201 acres of land, mora or less.
EXHIBIT B
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P 'o,
ILL
10,
117-
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MOT 1061 M
DEVELOPMENT STANDARDS
SINGLE TAMILY REGULATIONS
A. GENERAL PURPOSE: The purpose of this PD Ordinance is to allow single family
detached dwellings on lots of not less than fifteen thousand (15,040) square feet together
with allowed incidental and accessory uses, in order to provide a viable and compatible
neighborhood for the Town of Trophy Club.
The Estates ofHogan's Glen is a private, gated, residential neighborhood adjacent to the
golf course which blends a heavily wooded site with a unique land plan to create a lasting
and quality environment.
The existing vegetation, topography and adjoining creek and Iake are integrated into a
unified residential plan which maximizes the existing natural amenities of the site.
The purpose for the PD Ordinance Guidelines is to establish a framework for development
which provides for the protection of the existing site characteristics. Enforcement of the
design guidelines will ensure the protection of the design intent and will optimize the
preservation of the site.
B. USES: In "The Estates ofHogan's Glen" no land shall be used and no building shall be
installed, erected for or converted to any use other than as hereinafter provided.
1. Permitted Uses: The following uses shall be permitted as principle uses:
(a) Single Family Detached Dwellings.
(b) Private Roadways constructed to Town standards.
(c) Private Common Areas owned by an authorized Homeowner's
Association.
(d) Public and Private Utilities,
2. Accessory Uses: Accessory uses shall be permitted in accordance with the
regulations provided in the Accessory Uses section of the current Comprehensive
Zoning Ordinance as may be amended there of
3. Limitation of Uses:
(a) All applicable ordinances of the Town of Trophy Club shall govern any
uses allowed unless otherwise expressed herein.
r-si les orIIugcmi's Glen
PD Ordinance PILge 3
8111198
(b) Any use not expressly permitted, or allowed by permit, or as provided by
this district, is prohibited.
C. BUTLDTNG PERMIT REOUTREMENTS: No application for a building permit for the
construction of any structure shall be approved unless a plat, meeting all requirements of
the Town of Trophy Club has been approved by the Town Council and recorded in the
official records of Denton County, Texas.
D. HEIGHT REGULATIONS: No building shall exceed thirty-five (35) feet or two and
half (2 1/2) stories in height.
E. AREA REGULATIONS: The following minimum standards shall be measured from
property lines:
1. Lot Size: Lots for any permitted single family use shall have a minimum area of
fifteen thousand (15,000) square feet.
2. Minimum Open Space: All areas not devoted to buildings, paving or swimming
pool shall be devoted to turf or landscaping.
3. Maximum Building Coverage: The combined first floor area covered by all
principal and accessory• buildings or structures shall not exceed forty-five (45)
percent of the total lot area. Swimming pools and spas are not included in
determining maximum building coverage.
4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive
of garages, breezeways and porches, shall be three thousand five hundred (3,500)
square feet.
5. Depth: of Front Yard: Twenty-five (25) foot minimum.
G. Depth of Rear Yard: Twenty (20) foot minimum.
7. Width of Side Yard: Ten (10) foot minimum.
8. Width of Side Yard Adjacent To Side Street: Fifteen (15) foot minimum,
9. Width of Lot: Ninety (90) foot minimum.
10. Depth of Lot: One hundred fifteen (115) foot minimum.
F. GARAGES: No attached garages may face the street, except an attached or detached
structure which is provided in addition to the required two (2) car garage may face the
street if the garage sits back at least fifty (50) feet from the property line which the garage
faces.
Estates orIlogan's Glen
PD QrdiLU-kW C Page 4
B/11199
G. CONSTRUCTION REGULATIONS:
(a) Roofing Material: Three hundred (300) pound, forty (40) year warranty,
Timberline or equal composition rooting is the minimum standard of quality for
roofing material to be used in the Properties.
(b) Each residential structure shall have installed on the outside wall thereof a service
riser conduit. No such conduit shall be visible from public streets, or Common
Properties.
(c) No above ground -level swimming pools shall be installed on any Lot.
(d) Time of Completion. The following shall be completed not Iater than one (1)
year following the commencement of construction. For the purposes hereof, the
term "commencement of construction" shall be deemed to mean the date on which
the building permit is issued by the Town of Trophy Club. All exterior
construction of the primary residential structure, garage, porches, and any other
appurtenances or appendages of every kind and character on any Lot including
landscaping and irrigation and all interior construction (including, but not limited
to, all electrical outlets in place and operational, all plumbing fixtures installed and
operational, all cabinet work, all interior walls, ceilings, and doors shall be covered
by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet,
the or other similar floor covering).
(e) No projections of any type visible from the street or golf course shall be placed or
permitted to remain above the roof of any residential building with the exception of
chimneys and vent stacks.
(f)
Will Surface Above Garage Doors: All wall surfaces above garage doors shall
be masonry to match the residence.
H. DRIVEWAYS AND WALKWAYS: All driveways and walkways shall be constructed
of exposed aggregate or stamped and colored concrete.
I. SPECIAL PAVING: Those paved areas identified on Exhibit B: PD Site Plan as
"Special Paving" shall permit patterned and colored concrete as constructed to the
requirements of the Town of Trophy Club.
J. FENCES 1 WALLS / RETAINTNG WALLS: Retaining walls shall be restricted to
structurally engineered and designed walls constructed or veneered with masonry to match
the residence.
(a) Front Yard Fencing. Fencing will be allowed to extend from the front building
line of a dwelling to the side property lines. All fencing shall be masonry, identical
to the type of construction used on the residence located on such Lot or
ornamental iron. All gates shall be ornamental iron.
Estates urIlogan's Glen
PD Ordinance. Page 5
8/11/98
(b) Side Yard Fencing. Fencing between Lots may be of masonry or ornamental iron
only.
(c) Side or Rear Yard Fencing Visible from the Street. Fencing shall be
constructed as noted in Subparagraph (a).
(d) Perimeter Fence. Shall be installed by the Developer at the time of development.
(i) Facing Golf Course or Creels. Perimeter Fences shall be
constructed of decorative iron with native stone columns at each
property corner. Maximum height six (b) feet.
(ii) Facing Indian Creek Boulevard and Trophy Club Drive. Shall
be constructcd of masonry and decorative iron eight (8) feet in
height at time of development.
(e) Electronic Guard Gates. Electronic guard gates shall be double entries (ingress
and egress). Construction shall be metal with a maximum height of nine (9) feet.
Access for home owners shall be by card access or electronic vehicle sensitive tag;
visitors by electronic call box or a guard; exiting by pressure sensitive strips in the
pavement. Emergency personnel and law enforcement personnel will be by access
card or electronic vehicle sensitive tag or in case of access failure, emergency pull
box.
K. COMMON AREAS:
(a) All common areas, as identified on Exhibit B: PD Site Plan, shall be constructed
and landscaped by the Developer.
(b) Common Area maintenance shall be by "The Estates of Hogan's Glen"
Homeowners Association.
L. LANDSCAPING:
Landscaping and Sprinlder System. Each Lot on which a residential dwelling is
constructed shall have and contain an underground water sprinkler system for the purpose
of providing sufficient water to all front yards, side and rear yards. Each Lot shall be
planted with a least twelve (12) caliper inches of trees; provided, however, any tree used
to satisfy this requirement shall contain at least three and one half (3 112) caliper inches.
Preservations of existing trees is encouraged and credit may be given toward the planting
requirements for trees preserved in a healthy condition.
M. UTILITIES: All utilities shall be underground. Electric transformers shall be pad -
mounted and located at rear of Lots. Any above ground utility structure visible to public
view or the golf course shall be permanently screened at the time of installation by the
developer. A living screen alone is not acceptable to satisfy this requirement.
!•stales of Hogan's Glen
PD ordinance Page G
8!11198
N. SIGNS: Neighborhood identification signs are allowed in locations as shown on Exhibit
B: PD Site Plan. Developer may erect and maintain a sign or signs for the construction,
development, operation, promotion and sale of the Lots. Holiday or patriotic flags may be
displayed by Developer and Owners. All signs shall be in accordance with the current
ordinances and laws of the Town of Trophy Club.
O. EXTERIOR LIGHTING- Pole Lamps shall be a maximum of fifteen (15) feet in height.
Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps
should be of the duality of an American Style fixture as manufactured by Antique Street
Lamps.
P. PRIVATE STREETS:
(a) Maintenance Cost: The Estates ofHogan's Glen Homeowner's Association is
responsible for the cost of maintenance of private streets. The Town shall have no
responsibility for and shall not pay for any portion of the cost of maintaining a
private street.
(b) Maintenance Standards: Maintenance, amenities, and landscaping of private
streets shall conform to the same standards regulating the maintenance, amenities,
and landscaping of public streets.
(c) Retention of Easements: A utility, drainage, and emergency access easement
shall be retained in private streets by the Town and other utility companies:
(i) providing unrestricted use of the property for utilities and their
maintenance;
(ii) extending easement rights to all utility providers including telecable
companies operating within the Town;
(iii) providing the Town with the right of access for any purpose related
to the exercise of a governmental service or function, including but
not limited to fire and police protection, inspection and code
enforcement; and
(iv) permitting the Town to remove any vehicle or obstacle within the
private street lot that impairs emergency access.
(d) Town Assumption of Maintenance: The Town shall be the sole judge of
whether repairs to a private street are needed. If the Homeowner's Association,
its successors, or assigns, fail or refuse to adequately maintain private streets and
related appurtenances, the Town shall have the right, but not the obligation, to
assume temporarily the duty of performing the association's maintenance
obligations at any time after the expiration of sixty (60) days after receipt by the
Estates or Ilopin's Glen
PQ Ordinance Page 7
8111198
association, its successors or assigns of written notice from the Town specifying
the nature and extent of the failure to maintain.
(i) Upon assuming such maintenance obligations, the Town shall have
the right to collect, when they become due, the assessments levied
by the Homeowner's Association for the purpose of repairing and
maintaining the private streets and related appurtenances, and if
necessary, the Town shall have the right to enforce the payment of
delinquent assessments in the manner set forth in the association's
documents,
(ii) The Town shall also have the right to levy an assessment upon each
lot on a pro rata basis for the cost of such maintenance, which
assessment shall constitute an assessment lien upon the lot against
which each assessment is made.
(iii) Under no circumstances shall the Town be liable to the association
or any lot owner or their respective heirs, successors or assigns for
negligent acts or olnissions relating in any manner to maintaining,
improving and preserving the private streets and related
appurtenances.
(e) Access Restrictions: The entrances to all private streets shall be marked with a
sign stating that it is a private street. Either a guard house or an access control
device such as a gate or cross arm shall be constructed at each entrance. All
restricted access entrances shall provide access to the subdivision by the Town and
other utility service providers with appropriate identifcation. If the association
fails to maintain reliable access as required to provide town services, the Town
shall ]lave the right to enter the subdivision and remove any gate or device which is
a barrier to access at the sole expense of the association.
(1) Restricted Access Entrance Design Standards: Private streets which have
access controlled by a gate, cross arm, or other access control device shall
conform to the following requirements.
(i) The street must have a minimum uninterrupted pavement width of
fifteen (1 S) feet at the location of the access control device and any
deviation in width from the Town standards shall receive prior
approval of the Town's engineer.
(ii) If an overhead barrier is used, it shall have a minimum height above
the road surface as required by the Fire Code for fire lanes.
('iii) The design of all gates, cross arms and access control devices,
including automatic opening systems and manual backup systems,
shall be approved by the Fire Department before installation.
};states or 1logan's Glen
?D Ordinance Page 8
R/11/98
(g) Visitor Entrance Design Standards: At Ieast one entrance to a subdivision with
private streets shall be equipped for visitor access. In addition to the above
Restricted Access Entrance Design Standards, the visitor entrance shall be
equipped with a call or code box located at least fifty (50) feet from the boundary
of the subdivision to provide for visitors calling in an automobile queuing. A turn-
around space with a minimum outside radius of thirty (30) feet shall be located
between any call or code box and the access control device to allow vehicles
denied access to safely exit onto public streets in a "head out" position. A sign
shall be erected next to'the edge of such turn around space to prohibit vehicle
parking in such space. A residents entrance used in combination with a visitor
entrance shall comply with the requirements of this paragraph.
(h) Resident Only Entrance Design Standards: In addition to the above Restricted
Access Entrance Design Standards, an access control device that requires residents
to use a key, card, code or sensing device to gain access shall setback internally a
minimum of fifty (50) feet from the boundary of the subdivision to provide for
automobile queuing; except, that resident entrances equipped with an electronic
opener that allows residents to remotely open the access control device and enter
the subdivision without having to stop are exempted from this requirement.
Q. NON SPECIFIED REGULATIONS: Any regulation not specifically addressed herein
shall be governed by the regulations as contained in the R-15 Residential District of the
Zoning Ordinance and other ordinances as may pertain to specific issues in the current
zoning Iaws of the Town of Trophy Club.
Gstales of Hogan's Gicn
PD Ordinance Page 9
8111198
M
T E ESTATES OF
HOGAN'S GLEN
COVENANTS &
RESTRICTIONQ�
-lie );states of 1-1ogan's Glen L
Coveulnts & Restrictions 81I 1198
DECLARATION OF COVENANTS AND RESTRICTIONS
"THE ESTATES OF IIOGAN'S GLEN"
A Section of the "Hogan's Glen" Subdivision
(A Residential Subdivision)
THE STATE OF TEXAS
COUNTY OF DENTON
THE TOWN OF TROPHY CLUB
THIS DECLARATION, trade on the date bereinafler set forth by BECK PROPERTIES TROPHY CLUB,
L.P., a Texas corporation (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant (as that term is hereinafter defined) are the owners of the real property described
in Article III of this Declaration, and desire to provide for tile preservation of the values and amenities in such
property, and, to this end, desire to subject such property to the covenants, restrictions, easements, charges, and
liens hereinafter set forth, each and all of which is and are for the benefit of such property and each Owner thereat~,
and
WHEREAS, Declarant has decried it desirable, for the efficient preservation of the values and amenities
in The Subdivision, to delegate and assign the powers of maintaining and administering the Common Properties
and Common Facilities in The Subdivision (hs such terms are defined lierein) and administering and enforcing the
assessments and cliarges created hereinafter and in all Supplemental Declarations; and
WHEREAS, a non-profit corporation has been incorporated under the laws of the Stale of Texas for the
purpose of exercising the functions aforesaid;
NOW, THEREFORE, the Declarant declares that the real property described in Article III is and shall be
held, transferred, sold, conveyed, occupied, and enjoyed subject to the covenants, restrictions, easements, charges,
and liens (sometimes referred to herein collectively as "covenants and restrictions") hereinafter set forth.
ARTICLE I
Definitions
The following words, when used in this Supplemental Declaration (unless the context shall prohibit) shall have the
following meanings:
(a) "Association" shall mean and refer to [lie Homeowners Association, its successors
and assigns.
(b) "Tile Subdivision" shall mean and refer to The Estates of Hogan's Glen, and all
subsequent sections of the The Hogan's Glen Subdivision brought within the schente of this
Declaration.
(c) "Tile Properties" shall mean and refer to the properties described in Article III
hereof which are subject to this Declaration.
(d) "Subdivision Plats" shall mean and refer to the snap or plat of The Estates of
Hogan's Glen recorded in Cabinet , Page of the Plat Records of Denton County,
Texas, or any subsequently recorded replats thereof.
The E.Ktiitcs of liogna's Glen 2
Covenants & Restrictions 1011199
(e) "LcC and/or "Lots" shall mcan and refer to each of the lots shown upon the
Subdivision Plat or as may be shown on any replat thereof. References herein to the "the Lots
(each Lot) in The Subdivision" sliall mean and refer to Lots as defined respectively in this
Declaration and all Supplemental Declarations,
(f) "Living Unit" shall mean and refer to any single-family residential unit located on
property which as been brought within the plan of this Declaration. References to Living Units
herein shall not be deemed to permit the use of any Lot in The Subdivision for any purpose other
Ihan single-family residential purposes, References herein to "The Living Units in the
Subdivision" shall mean and refer to Living Units as defined respectively herein and in all
Supplemental Declarations.
(g) "Common Properties" shall mean and refer to all those areas of laird within the
Properties as shown on the Subdivision Plats, except the Lots as shown thereon, together with
such other property as the Association may, at any time or front time to time, acquire by purchase
or otherwise, subject, however, to the easements, limitations, restrictions, dedications and
reservations applicable thereto by virtue hereof and/or by virtue of the Subdivision Plats, and/or
by virtue of prior grants or dedications by Declarant or Declarant's predecessors in title.
References herein to the "the Common Properties (any Common Property) in The Subdivisiou"
shall mean and refer to Common Properties as defined respectively in this Declaration and all
Supplemental Declarations.
(h) "Common Facilities" shall mean and refer to all existing and subsequently provided
improvements upon or within the Common Properties, except those as may be expressly excluded
herein. Also, in some instances, Compton Facilities may consist of improvements for the use and
benefit of all Owners in The Subdivision constructed on portions of one or more Lots or on
acreage owned by Declarant (or Declarant and others) which has not been brought within the
scheme of this Declaration. By way of illustration, Common Facilities may include, but are not
necessarily limited to, the following; streets, structures for recreation, storage or protection of
equipment; sidewalks; common driveways; landscaping; swimming pool; tennis courts; and other
similar and appurtenant improvements, References herein to "the Common Facilities (any
Common Facility) in The Subdivision" shall mean and refer to Common Facilities as defined
respectively in thus Declaration and all Supplemental Declarations.
(1) "Supplemental Declaration" shall inean and refer to any Supplemental Declaration
of Covenants and Restrictions bringing additional property within [lie scheme of this Declaration
under the authority provided herein. References herein (whether specific or general) to
provisions set forth in "all (any) Supplemental Declarations" shall be deemed to relate to the
respective properties covered by such Supplemental Declarations.
0) "Owner" shall meals and refer to the record owner, or if such Lot is subject to a terns
purchase contract with Declarant, to the contract purchaser, whether one or more persons or
entities, of the fee simple title to any Lot situated upon the Properties, but, notwithstanding any
applicable theory of mortgage, shall not mean or refer to any mortgagee unless and until such
mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
References herein to "the Owners" (any Owner) in The Subdivision" shall mean and refer to
Owners as defined respectively in this Declaration and all Supplemental Declarations. In one or
more Supplemental Declarations "Owner" may be defined by reference to ownership of a Living
Unit, in addition to or instead of by reference to the ownership of a Lot.
(k) "Member" and/or "Members" sliall mean and refer to all those Owners who are
members of the Association as provided in Article IV, Section 4 hereof, together with all the
Owners in The Subdivision who are members of the Association as provided in all Supplemental
Declarations. In one or more Supplemental Declarations, "Member" niay be defined by reference
to the Owner of a Living Unit, in addition to or instead of by reference to the Owners of a Lot.
The i<slales of Hogan's Glen 3
Covenants & Reslridinris 8111/98
ARTICLE II
Easements
Section 1. Existing Easements. The Subdivision Plat dedicates for use as such, subject to the limitations
set ford► therein, certain streets and easements shown thereon, and such Subdivisions and restrictions applicable to
[lie Properties. Further, Declarant in title has heretofore granted, created and dedicated by recorded instruments,
certain other casements and related rights affecting (lie Properties. All dedications, limitations, restrictions and
reservations shown on the Subdivision Plat .and all grants and dedications of easements and related rights
heretofore made by Declarant in title affecting the Properties are incorporated herein by reference and made a part
of this Declaration for all purposes, as if fully set forth herein, and sliall be construed as being adopted in each and
every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any put of
the Properties.
Section 2. Changes and Additions. Declarant reserves the right to make changes in and additions to the
above easements for the purpose of most efficiently and economically installing the improvements.
Section 3. Title to Easements and Appurtenances Not Conveyed. Title to any Lot conveyed by Declarant
by contract, deed, or other conveyance shall not be held or construed in any event to include the title to any
roadways or any drainage, waler, gas, server, storm sewer, electric light, electric power, telegraph or telephone
way, or any pipes, lines, poles, or conduits oil or in any utility facility or appurtenances thereto, constructed by or
under Declarant or its agents through, along or upon any Lot or any part thereof to serve said Lot or any other
Portion of the Properties, and the right to maintain, repair, sell, or lease such appurtenances to any municipality to
other governmental agency or to any public service corporation or to any other party is hereby expressly reserved in
Declarant.
Section 4. Installation and Maintenance. There is hereby created an easement upon, across, over and
under all of the Properties for ingress and egress in connection with installing, replacing, repairing, and
ruaintaining all utilities, including but not limited to, water, sewer, telephones, electricity, gas, and the Broadband
Communication System and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for
the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service
lines, or other utility facilities or appurtenances thereto, on, above, across and under the Properties within the
public utility easements from time to time existing and from service on or in any structure. Notwithstanding
anything contained in this Section, no sewer, electrical lines, water Iines, or other utilities or appurtenances thereto
may be installed or relocated on the Properties until approved by Declarant.
Section 5. Emergency hnd Service Vehicles: An easement is hereby granted to all police, fire protection,
ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal service employees
and vehicles, and other service vehicles to enter upon the Properties in the perforniance of their duties.
Section G. Surface Area. The surface of easement areas for underground utility services may be used for
planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier of any utility or
service using any easement area shall be liable to any Owner or to the Association for any damage done by them or
either of them, or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a
result of any activity reletting la the construction, maintenance, operation. or repair of any facility in any such
casenient area. Further, neither the Declarant nor any supplier of any utility or service using any easement area
sliall 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 ally such casement area.
The EsU les Or Ilot,in's Glen
covenants & ReslOctiom 8111198
ARTICLE III
Property Subject to this Declaration
Section 1. Description. The real property which is, and sltall be, held, transferred, sold, conveyed, and
occupied subject to this Declaration is all of The Estates of Hogan's Glen being acres, approximately, out
of the Survey, Abstract , according to the Subdivision Plat thereof recorded in
Cabinet , Page of the Plat Records of Denton County, Texas (or any subsequently recorded plat
thereof).
Section Z. Mineral Exception. There is hereby excepted from the Properties, and Declarant will hereafter
except. from all sales and conveyances of the Properties, or any part thereof, including the Lots and Common
Properties, all oil, gas, and other minerals in, on, and under the Properties, but Declarant hereby waives, and will
waive in each such conveyance, its right to use the surface of such land for exploration for or development of oil,
gas, and other minerals.
Section 3. Additions to Existing Property Additional lands may become subject to the scheme of this
Declaration in the following manner:
(a) Additions by Declarant. The Declarant, its successors and assigns, shall have the
right to bring within the scheme of this Declaration additional properties in future stages of the
development (including without limitation, subsequent sections of The Hogan's Glen Subdivision
and all or portions of other subdivisions being or to be developed by Declarant or affiliated or
subsidiary entities). Any additions authorized under this and the succeeding subsection, shall be
made by filing of record a Supplemental Declaration of Covenants and Restrictions with respect
to the additional property which shall extend the scheme of the covenants and restrictions of this
Declaration of such properly. Such Supplemental Declaration must impose all annual
maintenance charge assessment on the property covered thereby on a uniform, per Lot basis,
substantially equivalent to the maintenance charge and assessment imposed hereby (which may
be related to Lots or Living Units, as appropriate), and may contain such complementary
additions andlor modifications of the covenants and restrictions contained herein as may be
applicable to the additional lands. Depending on the manner in which such additional lands are
developed ultimately, the services provided by the Association which relate to the several sections
(or portions thereof) in The Subdivision make use of the Common Property and Common
Facilities in The Subdivision to such additional lands and the Owners therein, may approve
Supplemental Declarations providing for maintenance charges and assessments on such
additional lands which differ in amount, basis or method of computation from that provided for
in this Declaration or other Supplemental Declarations.
(b) Other Additions. Upon the approval of the Board of Trustees of the Association, in
ils sole discretion, the owner of any property who desires to add it to the scheme of this
Declaration and to subject it to the jurisdiction of the Association may file of record a
Supplemental Declaration of Covenants and Restrictions upon the satisfaction of the conditions
specified in subsection (a) above.
(c) Mergers. Upon a merger or consolidation of the Association with another
association, the Association's properties, rights, and obligations may be transferred to another
surviving or consolidated association or, alternatively, the properties, rights, and obligations of
another association may be added to the properties, rights, and obligations of the Association as a
surviving corporation pursuant to a merger. The surviving or consolidated association shall
administer the covenants and restrictions applicable to the properties of the merging or
consolidating associations as one scheme. No such merger or consolidation, however, sltall effect
any revocation, change or addition to the covenants established by this Declaration or any
Supplemental Declaration.
The Gslntes of Ilogin's Glen 5
Covennals &. Re—wictioiu 8111198
ARTICLE IV
The Association
Section 1. Organization. The Association sliall be [lie Homeowners Association of Hogan's Glen.
Section 2. Purpose. Tile purpose of the Association in general is to provide for and promote the health,
safety, and welfare of [lie Members, to collect the annual maintenance charges and to administer the Maintenance
Fund, to provide for the maintenance, repair, preservation, upkeep, and protection of the Common Properties and
Common Facilities in Tile Subdivision and such other purposes as are stated in the Articles of incorporation
consistent with the provisions of this Declaration and all Supplemental Declarations.
Section 3. Trustees. The Association shall act through a three (3) member Board of Trustees, which shall
manage the affairs of the Association.
Section 4. Powcrs and Duties. The affairs of the Association shall be conducted by its Board of Directors.
Prior to the incorporation of [lie Association, the Declarant sliall select and appoint the Board of Directors, each of
whom shall be a Class A or Class B Member, or an officer, employee, representative or agent of a Class A or Class
B Member. From and atter the effective date of the Association's incorporation, We Board of Directors shall be
selecicd in accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for the behalf
of the Properties, the Common Properties and the Owners, shall provide and pay for, out of the fund(s) collected by
the Association pursuant to Article VI below, the following:
(a) Care and preservation of the Common Properties and the furnishing and upkeep of any
desired personal property for use in the Common Properties. Expenditures for the repair or installation of
capital improvements, not included in the annual maintenance budget, may be paid from the reserve fund
as specifically provided in Section 8 herein.
(b) Care and maintenance of the landscaping, water features, screening walls and entry features
which may be constructed by Declarant on the Common Properties or on private property. Maintenance
includes all repair, rebuilding or cleaning deemed necessary by the Board of Directors.
(c) Should the Board so elect, maintenance of exterior grounds, drives, parkways, private streets
and access areas, including care of trees, shrubs and grass, the exact scope of which sliall be further
specified by the Board from time to time. In particular, the Board shall be empowered to contract with
persons or entities who shall be responsible for (lie maintenance of landscaping, trees, shrubs, grass and
like improvements which are located on the Common Properties and/or the Lots, except for landscaping
and other like improvements which are located with rear yards or side yards enclosed by solid fence,
which shall be maintained by the individual Lot Owner. Maintenance services contracted for by tlue
Board in accordance with this paragraph shall be paid for out of Association funds.
(d) Controlled assess services and maintenance of the controlled access system (including, but
not limited to, a guard house, 24-hour guard service and/or controlled access gates) which may be
constructed by Declarant on (lie Common Properties or on private property. Maintenance may include,
but not be limited to, all repairs, rebuilding and cleaning as required. The exact scope of controlled access
services shall be further specified by the Board from time to time. In particular, the Board shall be
empowered to contract with persons or entities who sliall be responsible for the operation and
maintenance of the controlled access system, including guard service. Controlled assess services
contracted for by the Board in accordance with this paragraph shall be paid for out of Association funds.
The Board of Directors reserves the right to allow access thru Hogan's Glen to individuals who may not
be members of the Association.
(e) The services of a person or firm to manage and/or provide consultation to the Association or
any separate portion thereof, to the extent deemed advisable by the Board, and (lie services of such other
The Gstales off Iogall's Glen 6
Covenants & Restrictions 8111196
personnel as the Board shall determine to be necessary or proper for the operation of the Association,
whether such personnel are employed directly by the Board or by lite manager.
(f) Legal and accounting services.
(g) A policy or policies of insurance insuring the Association, its officers and directors against
any liability to the public or to the Owners (and/or their invitees or tenant) incident to the Operation of the
Association , including, without limitation, officers' and directors' liability insurance.
(h) Workers' compensation insurance to the extent necessary to comply with any applicable
laws.
(i) Such fidelity bonds as may be required by the Bylaws or as the Board may determine to be
advisable.
6) Any otber materials, supplies, insurance or property owned by the Association, furniture,
labor, services, maintenance, repairs, alterations, taxes or assessments which the Board is required to
obtain or pay for pursuant to the ternis of this Declaration or by law or which in its opinion shall be
necessary or proper for the operation or protection of the Association or for the enforcement of this
Declaration.
(k) To execute all declarations of ownership for tax assessment purposes and to pay all tares
with regard to the Common Properties.
(1) To enter into agreements or contracts with insurance companies, taxing authorities and the
holders of mortgage liens on one or more Lots with respect to: (i) taxes on the Common Properties and (ii)
insurance coverage of the Common Properties, as they relate to tine assesstnent, collection and
disbursement process envisioned in this Declaration.
(in) To borrow funds to pay costs of operation, secured by assignment or pledge of rights against
delinquent Owners, if [lie Board sees fit.
(n) To enter into contracts, maintain one or more bank accounts, and generally, to have all the
powers necessary or incidental to the operation and management of the Association and the Common
Properties, expressly including tine power to enter into management and maintenance contracts.
(o) If, as, and when the Board, in its sole discretion, deems necessary it may take action to
protect or defend the Common Properties from loss or damage by suit or otherwise, to sue or defend in any
court of law on behalf of the Association and to provide adequate reserves for repairs and replacements.
(p) To make reasonable rules and regulations for the operation and use of the Common
Properties ,'tad to amend theta Frain time to time, provided that any rule or regulation may be amended or
repealed by an instrument in writing signed by a majority of the Members, or, with respect to a rule
applicable to less than all of the Properties, by a majority of the Members in the portions affected.
(q) Subsequent to incorporation, to slake available to each Owner, within one hundred twenty
(120) days after the end of the each year, an unaudited annual report.
(r) Pursuant. to Article XI herein, to adjust the amount, collect, and use any insurance proceeds
to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lost
property, to assess the Members in proportionate amounts to cover the deficiency.
(s) If as and when [lie Board, in its sole discretion, deems necessary, it may take action to
enforce the provisions of this Declaration and any rules made hereunder and to enjoin and/or seek
damages from any Owner for violation of such provisions or rules.
The Estates of I log. -m's Glen 7
CovenanLs ,4c Restrictions 8111148
Section 5. Board Poivers. From and alter the date on which the title to the Common Properties has been
conveyed to the Association, the Board shall have the exclusive right to contract for all goods, services and
insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise
provided herein.
Section 6. Maintenance Contracts, The Board, on behalf of the Association, shall have full power and
authority to contract with any Owner for the performance by the Association of services which the Board is not
otherwise required to perforin pursuant to the terms hereof, such contracts to be upon such terms and conditions
and for such consideration as [he Board my deem proper, advisable and in the best interest of the Association.
Section 7. Liability Limitations. No Member, officer of the Association or member of the Board of
Directors shall be personally liable for debts contracted for, or otherwise incurred by the Association, or for a tort
of another Member, whether such other Member was acting on behalf of the Association or otherwise. Neither
Declarant, the Association, its directors, officers, agents, or employees shall be liable for any incidental or
consequential damages for failure to inspect any premises; improvements or portion thereof or failure to repair or
tuaintain the same.
The Common Properties may be subject to storm water overflow, natural bank erosion and other natural
or man-made events or occurrences to extents which cannot be defined or controlled. Under no circumstances
sliall Declarant ever be held liable for any damages or injuries of any kind of character or nature whatsoever
resulting from: (i) the occurrence of any natural phenomena; (ii) [lie failure or defect of any structure or structures
situated on or within the Common Properties; and (iii) any act, conduct, omission or behavior of any individual,
group of individuals, entity or enterprise occurring an, within or related to the Common Properties,
Section 8. Reserve Funds, The Board may establish reserve funds, for such purposes as may be
determined by the Board, which may be maintained and accounted for separately from other funds maintained for
annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that
the amounts deposited therein are capital contributions and are not net income to the Association. Expenditures
from any such fund will be made at the direction of the Board. The reserve fund provided for herein shall be used
for Lite general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the
Owners and occupants of the subdivision, and maintaining the subdivision and improvements therein, all as may
be more specifically authorized from time to time by the Board of Directors. Capital expenditures from this fund
may include by way of example, but not be limited to, street, street light and screening wall repair, water features
and drainage channel improvements or repair of major damage to the Common Properties not covered by
insurance.
Section 9. Members. Each Owner, whether one or more persons or entities, of a Lot or a Living Unit in
The Subdivision shall, upon .and by virtue of becoming such Owner, automatically become a Member of the
Association and sliall remain a Member thereof until leis ownership ceases for any reason, at which time his
membership in the Association shall automatically cease. Membership in the Association shall be appurtenant to
and shall automatically follow the legal ownership of each Lot or Living Unit and may not be separated from such
ownership. Whenever the legal ownership of any Lot or Living Unit passes from one person to another, by
whatever rucans, it shall not be necessary that any instrument provide for transfer of membership in the
Association, and no certificate of membership will be issued.
Section 10, Voting Rights. its. The Association shall have two (2) classes of voting membership:
CLASS A. Class A Members shall be all Members with the exception of Class B Members.
Class A Members sliall be entitled to one (1) vote for each Lot in which they hold the interest
required for membership. When snore than one person holds such interest or interests in any Lot;
all such persons shall be Members, and lite vote for such Lot sliall be exercised as they, among
themselves, determine, but in no event shall more than one vote be cast with respect to any such
Lot.
CLASS B. Class B Members shall be Declarant and any bona fide Owner who is engaged in the
process of constructing a residential dwelling on any Lot for sale to consumers. Declarant shall
"Ilse Cslntes of Hognn's Glen 8
Covenants &c Restrictions 8/11198
be entitled to six (G) votes for each Lot owned by all Class B Members. Class B Members other
than Declarant shall be non-voting Members of lite Association. The Class B membership shall
cease, and each Class B Member shall become a Class A Member, upon the earlier to occur of the
following:
(j) when the total number of votes outstanding in Elle Class A membership is eight (8)
times greater than the total number of votes outstanding in the Class B membership-,
or
(ii) when Declarant no longer owns record title to any of the Lots.
Notwithstanding the voting -rights within the Association, until the Declarant no longer owns record title
to any lot, the Association shall take 110 action with respect to any matter whatsoever without prior written consent
of the Declarant.
ARTICLE V
Property_Rit!hts in file Camnilm Prnnerties and Common facilities
Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 2. of this Article V,
every Member slialI have a conunon right and easement of enjoyment in and to the Common Properties and
Common Facilities in The Subdivision, and such right and easement shall be appurtenant to and shall pass with
the title to each Lot or Living Unit in The Subdivisions.
Section 2. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall
be subject to the fol awing:
(a) The right of the Association, in its discretion, to charge reasonable admission and
other fees for the use or maintenance of the Compton Facilities, and to make, publish, and
enforce reasonable rules and regulations governing the use and enjoyment of tine 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 Compton 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 Cointnon Facilities or
any part thereof al the same time; and
(b) The right of the Association to grant or dedicate casements in, on, under or above
such Common Properties orally part thereof to any public or governmental agency or authority or
to any utility company for any service to The Subdivision or any part thereof, and
(c) The right of flip. Association to enter management and/or operating contracts or
agreements relative to the maintenance and operation of such Common Properties and Common
Facilities in such instances and on such terms as its Board of Trustees may deem appropriate; the
right of the Association to operate recreational facilities and related concessions located oil such
Common Properties; the right on the Association to enter lease agreements or concession
agreements granting leasehold, concession, or other operating rights relative to Common
Facilities in such instances and on such terms as its Board of Trustees may deem appropriate;
and
(d) The right of the Association to suspend the voting rights of a Member of his right to
use any recreational Compton Facility during the period lie is in default in excess of thirty (30)
days in the payment of any maintenance charge assessmexit against his Lot or Living Unit; and to
suspend such rights for a period not to exceed sixty (60) days for an infractions of its published
rules and regulations; and the aforesaid rights of the Associalion shall not be exclusive, but sliall
The );stales of 1-logan's Glee 9
Covennnls & Restrictions, 8/11/99
be cumulative of and in addition to all other rights and remedies which the Association may have
in this Declaration and all Supplemental Declarations or in its Bylaws or at law or in equity on
account of any such default or infraction; and
(e) The rights and casements existing, herein created or hereafter created in favor of
others, as provided for in Article It hereof, and in this Declaration and all Supplemental
Declaralions; and
(1) The restrictions as to use of tine Common Properties provided for in Article IX
hereof.
Section 3. Delegation of Use. Any Member may delegate his right of use and enjoyment of the Common
Properties and Common Facilities in The Subdivision, together with all easement rights granted to Members in
this Declaration and all Supplemental Declarations, to the members of his family, his tenants, or contract
purchasers who reside on his Lot or in his Living Unit. The terms "Member" is further defined to include and
refer to the executors, personal representatives and administrators of any Member, and all other persons, firms, or
corporations acquiring or succeeding to the title of the Member by sale, grant, will, foreclosure, execution, or by
and legal process, or by operation of law, or in any other legal manner,
ARTICLE VI
Assessments and Charges
A. Annual Assessments
Section 1. The Maintenance Fund. All finds collected by the Association from the regular maintenance
charges provided for in this Article, together with all fields collected by the Association from the regular annual
maintenance charges imposed on the Lots and Living Units in The Subdivision by Otis Declaration and all
Supplemental Declarations, shall constitute and be known as the "Maintenance Fund." The Maintenance Fund
sliail be held, used, and expended by the Association for the common benefit of all Members for, among others, tI1e
following purposes, to -wit: to promote the health, safety, recreation, and welfare of the Members, including,
without limitation, the installadon, construction, erection, and relocation of improvements related to the
enhancement and beautification of the Common Properties and Common Facilities in the Subdivision, and any
other areas provided by this Declaration or any Supplemental Declaration to be developed or maintained by the
Association, such as streets, shrubbery, trees, walkways, and the mowing and general maintenance of vacant Lots
in the Subdivision, and Ilse construction, repair, maintenance and replacement of properties, services,
improvenienls and facilities devoted to such purposes and related to the use and enjoyment of The Subdivision by
the Members.
In [lie event Declarant shall designate Common Facilities for the use and benefit of all the Owners in The
Subdivision which are situated on property owned by Declarant (or affiliated or subsidiary entities) but which then
has not been brought within the scheme of this Declaration, the Association shall have the right and authority to
allocate and expend such amounts from the Maintenance Fund for construction, repair, maintenance, upkeep,
beautification, improvement or rcplacenient 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 tlien not subject to the
scheme of this Declaration also are for the use and benefit of persons or entities other than the Owners in The
Subdivision, the Association shall have the right and authority to enter agreements with other persons or entities
enjoying the use and benefit of such Coninion Facilities (or their designee), in such instances and on such terms as
its Board of Trustees may deem appropriate and acceptable, obligating the Association to coni-ributc, from the
Maintenance Fund, a ratable portion of the amounts necessary from time to time to provide for the construction,
repair, maintenance, upkeep, beautification, improvement or replacement of such Common Facilities, and
providing for other agreements relative to the use and enjoyment of such Common Facilities (including limitations
on the extent of the use and enjoyment thereof) by the various persons and entities entitled thereto.
`llic Estates or Hogan's Glen to
Coven:InL". & Restrictions 8111198
The Association inay, in its sole discretion, give one or snore 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
[lie Board of Trustees of the Association in good faith shall be binding and conclusive on all Members.
In the event Declarant shall operate any Common Facility in The Subdivision, or such Common Facility
shall be operated by others on behalf of Declarant under agreement authorized hereby, and the actual proceeds
realized by Declarant from such operation shall be less than the actual costs incurred by Declarant in connection
with operating and maintaining any such Common Facility, Declarant shall be entitled to be reimbursed from the
Maintenance Fund for all costs actually incurred by Declarant in maintaining and operating such Common Facility
in excess of the actual proceeds realized by Declarant from such operation, as such costs are incurred, to the extent
that the balance of the Maintenance Fund from time to time existing exceeds the amount then designated by the
Board of Trustees of the Association in good faith to be the minimum amount necessary to accomplish lite
maintenance functions of the Association. Further, Declarant shall be entitled to be reimbursed from the
Maintenance Fund for all ad valorem taxes and other assessments in the nature of property taxes fairly allocable to
the Common Properties and Common Facilities and accrued subsequent to the recordation of The Declaration, and
prior to the date oil which title to such Coronion Properties and prior to lite date on which title to such Common
Properties and Common Facilities is conveyed to the Association by Declarant, which have been actually paid by
Declarant.
Section 2. Covenant for Assessments and Creation of Lien. Subject to the provisions set forth in Sections
3. and 4. relating to the rate at which the maintenance charge and assessment imposed herein shall be paid on
unimproved Lots, each and every Lot in the Properties is hereby severally subjected to and impressed with a regular
monthly maintenance charge or assessment in the amount of ($__ ) per month per
Lot (herein sometimes referred to as (lie "full maintenance charge") which assessment shall affect and run with the
land, subject to increase and decrease and payable as provided in Section S, below.
Each Owner of a Lot, by his claim or assertion of ownership or by accepting a deed to any such Lot,
whether or not it shall be so expressed in such deed, is hereby conclusively deemed to covenant and agree, as a
covenant running with the land, to pay to the Association, its successors or assigns, each and all of the charges and
assessments against his Lot and/or assessed against him by virtue of his ownership thereof, as the same shall
become due and payable, without demand. The charges and assessments herein provided for and assessed, together
with those hereafter assessed, shall be a charge and a continuing lien, which such lien is hereby created and
imposed, upon each Lot, together with all improvements thereon, as hereinafter more particularly stated. Each
assessment, together with the interest, costs and reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of the Lot at lite time tite obligation to pay such assessaient accrued, but no Member
shall be personally liable for the payment of any assessment made or becoming due and payable after his ownership
ceases. No Member shall be exempt or excused from paying any such charge or assessment by waiver of the use or
enjoyment of the Coninion Properties and Common Facilities, or any part thereof, or by abandonment of his Lot or
his interest therein. The liens hereby created and imposed shall be valid, subsisting and continuing, and sliall
maintain for so long as this Declaration and all Supplemental Declarations continue in effect, unless modified or
amended in accordance herewith, notwithstanding the fact that at one or more times during the existence of this
Declaration there may be no amounts) dile the Association, as it is the intention hereof that assessments shall arise
annually and that same shall constitute present or future indebtedness, all of which shall be secured by the lien
created hereby.
Section 3. Unimproved Lois . When the annual maintenance assessment is computed for Lots, all or a
portion of such annual maintenance assessment shall be payable to the Association by the Member according to the
status of the Lot owned by such Member as follows;
(i) As to a Lot owned by a Class A Member, the full annual maintenance assessment shall
be payable.
(ii) As to a Lot owned by a Class B Member, one-quarter (114) of the annual maintenance
assessment shall be payable.
The Estates of I logan's Olen t 1
Covenants & Restrictions 8111198
Section 4. Unimproved_ Lots Owned by Owners Other Than Declarant and Builders. Owners of
unimproved Lots other than Declarant and builder shall pay fifty percent (501/o) of the then existing full
niaintenance charge assessment for each Lot owned by them until a residential structure has been completed
thereon. Thereafter, cotmllencing oil 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
filly percent (50%) of the frill maintenance charge then assessed for the portion of the calendar year remaining
after the frill maintenance charge becomes applicable, as herein provided, that prorata portion of fifty percent
(50119) of the full maintenance charge then assessed, which shall bear the same ratio to fifty percent (50%) of such
full maintenance charge as the number of fldl calendar nlontlis remaining in such calendar year bears to twelve
(12). It shall be the duty of each such Owner to notify the Association at the time such residential structure has
been completed and occupied.
Section 5. The Annual Maintenance Cliarpe, The monthly Maintenance charge assessments provided for
herein shall be payable oil the date (which shall be the first day of a month) fixed by the Board of Trustees and
sliall be for the balance of the calendar year in -which it is due, or shall be payable in equal monthly installments
over the balance of die year, at the election of the Board of Trustees of the Association. The assessments for each
calendar year after the first assessment year sliall be due and payable to the Association in advance on January 1st
each year, or in twelve (12) equal monthly installments over such year, at the election of the Board of Trustees of
the Association. Provided, however, that, upon (lie purchase of his Lot (as evidenced by the date of his tern
Contract of Sale or Deed, or his occupancy, whichever is earlier), each Member shall be obligated to pay to the
Association a prorata part of the applicable percentage (as determined pursuant to the terms hereof) of the reburlar
annual maintenance charge assessed on such Lot, which shall bear the sauce ratio to the applicable percentage of
the full remaining in the year of purchase bears twelve (12), and which shall be payable in full upon such purchase
or in equal monthly installments over the balance of the year of purchase, as the Board of Trustees of the
Association may elect.
The Board of Trustees of the Association may decrease or increase the amount of the annual maintenance
charge of assessment provided for herein at any time and from time to time by the adoption of a resolution for such
purpose, but no resolution increasing the annual maintenance charge assessment shall become effective prior to the
expiration of ninety (90) days from date of its adoption, The Owner of each Lot sliall, within thirty (30) days from
such efrective date, pay lo.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 monthly maintenance charge or assessment in excess of FIVE 11UNDRED AND NO/100 DOLLARS
($500,00) per year, shall become effective unless and until such resolution is ratified either (i) by the written assent
of [lie Members of the Association who in the aggregate then own at least fifty -ane percent (51%) of the Lots and
Living Units in The Subdivision if no meeting of the membership is held for ratification, or (ii) by the assent of
fifty-one percent (51%) of the votes of the Members of the Association who are present and voting in person or by
proxy at a special meeting of [lie membership of the Association called for this purpose and at which a quorum is
present. The written assent or the vole of the Members must be given prior to the effective date of such resolution
of the Board of Trustees. No increase in the annual maintenance charge of assessment shall take elrecl
retroactively.
If any resolution of the Board of Trustees -which requires ratification by the assent of the Members of the
Association as above provided shall fail to receive such assent, then the amount of the regular annual maintenance
charge or assessment last in effect shall continue in effect until duly changed in accordance with the above
provisions. The Board of Trustees may decrease the amount of [lie annual maintenance charge of assessment
Without ratification by or assent of the Members of the Associalion,
Section G. Ouonnni, Notice and Votinp, Reguirenienls,
(a) Subject to the provisions of Pammob (c) of this Section, any action taken at a
meeting of the Members shall require the assent of the majority of all of the votes of those who
are voting in person or by proxy, regardless of class, al a meeting duly called, written notice of
which shall be given to all Meiubcrs not less than ten (10) days nor more than fifty (50) days in
advance.
The Estutcs or Hogan's Glen 12
Covenmils & Restrictions 8111!98
(b) The quorum required for any action referred to in Parpj4raph (2) of this Section shall
be as follows:
The presence at [lie initial meeting of Members entitled to cast, or of proxies entitled to cast, a
majority of lite voles of all Members, regardless of class, shall constitute a quorum for any action except as
otlienvise provided in the Articles of Incorporation, the Bylaws or this Declaration or as provided by the
laws of the State of Texas. If the required quorum is not present or represented at the meeting, one
addilianal ineeling may be called, subject to the notice requirement herein set forth, and the required
quorum at such second inecting shall be one-half (1/2) of the required quorum at the preceding meeting;
provided, however, that no such second meeting sliall be held more than sixty (Go) days following the first
meeting.
(c) As an alternative to the procedure set forth above, any action referred to in
Paragraph (a) of this Section may be taken without a meeting if a consent in writing, approving
of the action to be taken , sliall be signed by a majority of all Members.
(d) Except as olherwise specifically set forth in this Declaration, notice, voting and
quorum requirements for all actions to be taken by the Association sliall be consistent with its
Articles of Incorporation and Bylaws, as same ntay be amended frons time to time.
(c) During the period of tinic Ilial the Association is unincorporated, the Declarant sliall
have the sole right and option to prescribe reasonable procedures for the meetings (if any) of the
Members, provided, however, that prior to incorporation, without the written approval of the
Declarant, no Member (other than Declarant) shall have a right to vote on any ivatter, or to call
any illeetings of [lie Members. Except as specifically set forth in this Declaration, notice, voting
and quorum requirements for all actions to be taken by the Association (as an incorporated
entity) sliall be consistent with its Articles of Incorporation and Bylaws, as sante ivay be amended
from time to time.
Section 7. Settitig Commencement and „Notice of Assessinents The Board of Trustees of the Association
shall fix the date of commencement and the amount of the assessment against each Lot or Owner for each
assessment period and slihll, at that time, prepare a roster of the properties and assessments applicable thereto
which shall be kept in tbe.oflice of the Association and sliall be open to inspection by any Owner. Written notice
of the assessment shall thereupon be sent to every Owner subject thereto. The Association, shall, upon demand at
any time, furnish to any Owner liable for said assessment a certificate in writing signed by an officer of tile
Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of
payment of any assessinent therein staled to have been paid.
Section 8. Liens to Secure Assessntenls. The annual maintenance charges or assessments, as hereinabove
provided for, shall constitute and be secured by the separate, valid and subsisting lice, hereinabove created and
fixed, and which shall exist upon and against each Lot and Living Unit and all improvements thereon, for the
bencrit of the Association and all Members. Subject to the condition that the Association be inade a party to any
Court proceeding to enforce any lien hereinaller 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 Town, County, and State
governments, or any political subdivision or special district thereof, and
(b) all liens securing amounts due or to become due under any term Contract of Sale
dated, or any mortgage, vendor's lien, or deed of trust filed for record, prior to the date payment
of any such charges or assessments become due and payable, and
(c) all Gents, including, but not limited to, vendor's liens, deeds of trust, and other
security instruments which secure any loan made by a lender to an Owner for any part of the
purchase price of any Lot when [lie sante is purchased from a builder or for any part of the cost of
The Estates of tiagarl's Clea 13
Covenants do Restrictions 8111/98
consinicting, repairing, adding to, or remodeling the residence and appurtenances situated on
any Lot to be utilized for residential purposes.
Any foreclosure of any sucli superior lieu under the power of sale of any mortgage, deed of trust, or other security
instrument, or through Court proceedings in which the Association has been made a party, shall cut off and
extinguish the liens securing maintenance charges or assessmen(s which became due and payable prior to such
foreclosure dale, but no such foreclosures sliall free any Lot from the liens securing assessments thereafter become
due and payable, nor shall the liability of any Member personally obligated to pay maintenance charges or
assessments which become due prior to such foreclosure, be extinguished by a foreclosure.
Section 9. Effect of Nori-Pa nient of Assessment. If any annual maintenance charge of assessment is not
paid within thirty (30) days from the due date thereof, (lie same shall bear interest from the due date until paid at
tile highest interest rate allowed under (lie 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 all additional reasonable amount, but not less than tell percent (10%) of the amount owing,
as attorneys fees. The Association, as a common expense of all Members, may institute and maintain an action at
law or in equity against any defaulting Member to enforce collection and/or for foreclosure of the liens against his
Lot. All such actions may be instituted and brought in the name of the Association and may be maintained and
prosecuted by the Association in a like manner as an action to foreclose the lien of a mortgage or deed of trust on
real property.
Section 10. Collection and Enforcement. Each Member, by his assertion of title or claim of ownership or
by his acceptance of a deed to a Lot or Living Unit, whether or not it sllall be so recited in such deed, shall be
conclusively deemed to have expressly vested in the Association, and in its off jeers and agents, the rigIlt, power
and atilhorily (o lake all action which [lie Association sllall deem proper for the collection of assessments and/or for
the enforcement and foreclosure of the liens securing (lie same.
B. Utility Standby Charge
No utility standby charge sllall be due on Lots owned by ilia Declarant.
ARTICLE V11
Architectural Control Committee;
Architectural and Construction Control
Section 1. Architectural Control Commitlee. The Architectural Control Committee, hereinafter called
"tile Architectural Control Committee" shall be composed of three (3) or more individuals selected and appointed
by Declarant. The Canlmiitee shall function as a representative of the Owners of the Lots for the purposes herein
set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential
development. The Committee shall use its best efforts to promote and ensure a high level of duality, harmony and
conformity throughout the properties.
A majority of the Committee Members may act on behalf of entire Committee. In the event of the death
or resignation of any Couunittee Member, the remaining Colnnrittee Members shall have full authority to designate
and appoint a successor, Each Committee Members shall neither be entitled to any compensation for service
performed hereunder nor be liable for claims, causes of action or damages (except where occasion by gross
negligence or arbitraryand capricious conduct) arising out of service performed pursuant to this Declaration.
Section 2. Transfer of Atttliari to (lie Association. The duties, rights, powers and authority of the
Architectural Control Committee constituted hereby may be assigned at any time, at the sole election of a majority
of the Committee Members, to the Board of Tnlstees of the Association, and from and ager the date of such
assignment, and the acceplance thereof by such Trustees, the Board of Trustees of flue Association shall have full
right, authority and power, and shall be obligated, to perform the functions of the Architectural Control Committee
as provided lierein, including the right to designate a representative or representatives to act for it.
The Estates of Hogan's Caen 14
CovenanLs & Restrictions 8111198
Section 3. Minimum Constriction Standards. The Architectural Control Committee may from time to
(inc promulgate architectural standard bulletins ("Standard Bulletins") which shall be fair, reasonable and
uniformly if applied thereafter, and shall carry forward the intention of this Declaration. Standard Bulletins shall
cover minimum acceptable construction standard and specifications (including, without limitation, a limited
number of acceptable exterior materials and/or finishes), which shall constitute guidelines only and shall not be
binding upon the Architectural Control Committee or in any manner detemtinalive of the approval or disapproval
by such Committee of submitted plans and specifications. The Standard Bulletins shall supplement the
Declaration and are incorporated herein by reference.
Section 4. Approval of Plans
(a) No building, structure, fence, wall, or other improvements shall be cotntncnced, erected,
constructed, placed or maintained upon the Properties, nor shall any exterior addition to or change or alteration
therein be made until the detailed plans and specifications therefore shall have been submitted to and approved in
writing as to compliance with minimum structural and mechanical standards, slab evaluation, location and
situation on the Lot, and as to liarnony of external design or location in relation to property lines, building lines,
easements, grades, surrounding structures, walks, and mpography (including the orientation of the front and rear of
any such building with respect to the Lot lines), by the Archilectural Control Committee constituted as provided
licrcin. Each application made to the Architectural Control Conimitlee for the approval required licreby shall be
accompanied by two (Z) sets of plans and specifications which shall specify, in such form as the Architectural
Control Committee may reasonably require, structural, mcclnannical, electrical, and plumbing detail and the nature,
kind, shape, height, exterior color schenne, materials to be incorporated into, and location of the proposed
improveiuents or alterations thereto, the location of all driveways and curb cuts, and the compliance of the
drainage of said Lot with the overall planned drainage of the Properties as developed and pronounced by
Declarant, In the event said Architectural Control Committee fails to approve or disapprove such plans and
specifications within thirty (30) days atter said plans and specifications have been submitted to it, approval will not
be required and the provisions of the Section will be deemed to have been fully complied with; provided, however,
that tine failure of the Architectural Control Committee to approve or disapprove such plans and specifications
within such thirty (30) day period shall not operate to pennit any structure to be commenced, erected, placed,
constructed or maintained on any Lot in the Properties in a manner inconsistent with any provision of this
Declaration. Without Ihnii(ation of the powers herein granted, the Architectural Control Committee shall have the
right to specify a limited number of acceptable exterior materials and/or finishes that may be used in the
construction, alteration and repair of any improvement on any Lot.
The Architectural Control Committee also shall have full power and authority to reject any plans
and specifications that do not comply with [lie restrictions herein imposed to meet its minimum
construction requirements or architectural design requirements that might not be compatible, in the sole
discretion of (lie Architectural Control Committee, with the design or overall character and aesthetics of
the Properties.
(b) The Architectural Control Committee shall have the power and authority to after and amend
requirements as to design of buildings and materials to be used in the const.ntction thereof far any Lot or Lots,
provided (hat such authority shall be exercised for the purpose of harmonizing and making aesthetically attractive
The Properties or the portion of The Properties in which the Lots so affected are located, as such matters may be
determined in the good faith judgment of (lie Architectural Control Committee.
(c) The Archilectural Control Committee or its duly appointed agent or designee may enter upon and
inspect any Lot and any Improvements or sinictures being constructed Ilnereon, and the drainage of the Lot in
relation to the remainder of the Properties at any time during the constriction thereof to ascertain whether any
such improvements or structures are being constructed in such a manner so as to (i) fully comply with the
provisions of the Declaration and any mininnum construction or design requirements imposed by the Architectural
Control Committee, and (ii) comply in all material respects to the plans and specifications previously approved by
the Architectural Control Committee. Each and every Owner by acceptance of conveyance of the applicable Lot
sliall be deemed to have granted to the Architectural Conlrol Committee and its appointed agent or designee an
easement across said Lot to enable the inspection authorized hereby.
T11e Estates of tlagan's Glcn 15
Covenants & Restrictions 8/E i198
(d) If ally structure shall be erected, placed or maiIltained or if any improvement shall be made on
any Lot otter than in accordance with plans and specifications approved by the Architectural Control Committee,
such structure or improvement shall constitute a violation. III the event such violation is not cured within a
reasonable period of time, [lie Architectural Control Committee shall have the right to take necessary action
provided by law to cause sante to be cured. The costs of any such successful action shall be borne by the Owner.
Section 5. Slab Elevation Certification. The Architectural Control Committee shall additionally have the
power to set minimum slab elevations for any Lot within the Properties. In connection therewith, each affected
Owner shall submit to the Architectural Control Conunitlee, prior to commencement of the construction or
erection of any residential structure, attached garage or other attached appurtenance thereto on any Lot, together
with [lie plans and specifications and other data herein required, a certificate from a registered professional
engineer (or such other authority as shall be acceptable to the Architectural Control Committee) certifying, in such
form as may be required by the Architectural Control Committee, the elevation above mean sea level of the top of
the finished slab (or finished beam, if a pier and beam foundation is utilized) for all portions of such residential
structure, attached garage or other attached appurtenance relative to and based on such submitted plans and
specifications and the proposed location of such structure on the Lot.
Section G. Construction Requirements.
(a) Only new construction materials (except for used brick) shall be used and utilized in constructing
any structure situated on a Lot. Eighty percent (80%) of the exterior materials of all residential structures on all
Lots shall be of brick, stone or stucco, of lite remaining twenty percent (201/6) no exterior construction shall be of
less than 3/4 inch thick materials, and ilia use of plywood, aluminum or metal siding is prohibited.
(b) All exterior construction of the primary residential structure, garage, porches, and any other
appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but
not limited to, all electrical outlets in place and finuctional, all plumbing fixtures installed and operational, all
cabinet work completed, all interior walls, ceilings, and doors completed and covered by paint, wallpaper,
paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering) shall be completed
not later than one (1) year following the commencement of construction. For the purposes hereof, the teen
"commencement of construction" shall be deemed to mean the date on which the foundation forms are set.
(c) A concrete sidewalk four (4) feet wide shall be constructed from the street adjacent to the front of
each Lot to ilia front of the residential structure to be siluated thereon. The plans for each residential building on
each Lot shall include plans and specifications for such required sidewalk and any other proposed sidewalk. Such
required sidewalk and other approved sidewalks, if any, shall be constructed and completed before the Main
residence is occupied. A sidewalk may connect to a driveway in lieu of [lie adjacent street.
ARTICLE VIII
Billidint* and Use Restrictions
Section 1. Residence Building and Garages. No building or other structure shall be built, placed,
constructed, reconstructed, or altered on any Lot other than a single family residence, with appurtenances incident
to single family use, including, without limitation, bona fide servants' quarters, and no structure shall be occupied
or used until the exterior construction therefore is completed. Each single family residence situated on a Lot shall
have au enclosed, attached or detached garage for not less than two (2) nor more than four (4) automobiles. No
garage shall be constructed so as to face the Golf Course under any circumstances. No detached garage shall have
snore than two (2) stories. No carport shall be built, placed, constructed or reconstructed on any Lot. The ground
floor of any garage shall never be changed, altered, reconstructed or otherwise converted for any purpose
inconsistent with the garaging of automobiles. All Owners, their families, tenants and contract purchasers sllalI, to
the greatest extent practicable, utilize such garages for ilia garaging of vehicles belonging to them.
ilieLstales orilognn's Glen 16
CovemoLs & Restrictions 8111/98
Garage doors shall be kept closed at all times except during periods of use. After nightfall, garage doors
shall be kept closed except during periods of ingress and egress.
Section 2. Single Family Residential Use. Each Lot (including land and improvements) shall be used and
occupied for single family residential purposes only. No Owner or other occupant shall use or occupy his Lo(, or
permit the same or any part thereof to be used or occupied, for ,any purpose other than as a private single family
residence for the Owner or his tenant and their families and domestic servants employed on the premises. As used
herein the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation,
the use of Lots for duplex apartments, garage apartments or other apartment use. No Lot shall be used or occupied
for any business, commercial, trade, or professional purpose either apart from or in connection with the use thereof
as a private residence, whether for profit or not.
Section 3. Minimum Lot Area. Lots may be resubdivided if (any only if) such subdivision results in each
resubdivided Lot containing not less than fifteen thousand (15,000) square feet of land. Provided, however,
Declarant shall have and reserves the right, at any time [a file a replat of the Subdivision Plat or Plats to effect a
resubdivided or configuration of any Lots in the Properties then owned by Declarant, so long as such results in
each resubdivided Lot containing not less than fifteen thousand (15,000) square feet of land. The privilege to
replat Lots in The Properties owned by Declarant reserved in [his Section 3. shall be exercisable only by Declarant
or any successor or DeclaranCs ownership of such Lots who acquires such ownership other than by purchase, and
such privilege shall not be exercisable by, inure to the benefit of or be assignable to any purchaser from Declarant
or from any successor or assign of Declarant, of any Lot in The Properties.
Section 4. CombinhIg Lots. Any such consolidation shall be permitted within (lie Town's rules and
regulations.
Section 5. Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas,
exclusive of porches, garages, or breezeways attached to the main dwelling. Each dwelling containing one-story
constructed on any Lot shall contain a minimum of three thousand five hundred (3,500) square feet. Each
dwelling containing more than one-story constructed on any Lot shall contain a minimum of three thousand five
hundred (3,500) square feet, of which not less than two thousand two hundred fifty (2,250) square feet shall be
covered ground floor area.
Section G. Building Location. No structure shall be located on any Lot between any building setback line
shown on or provided for in the Subdivision Plats and the street or Lot line to which such building setback line is
applicable. No building shall be located nearer than len (10) feet to an interior Lot line. No main residential
stricture shall be located an any Lot nearer than twenty-five (25) feet to any front lot line nor twenty (20) feet to
any rear Lot line. Unless otherwise approved in writing by the Architectural Control Committee, each main
residence shall face [lie front Lot line of the Lot upon which it is situated. Each garage shall be provided with a
driveway access from the front of the Lot upon which it is situated; provided that, in the sole discretion of the
Architectural Control Committee, such access may be from the front or side of comer Lots; and further provided
that no garage or other permitted accessory building on any Lot shall open toward or have access from the
direction of the rear Lot lines on the Golf Course. All garage doors shall be equipped with an automatic garage
door closer (which the owner shall mainlain in a functional condition), and each Owner shall be obligated to keep
his garage door and/or doors closed at all times, except at lime of entry or exit from the garage facility. For the
purpose of this subsection, caves, steps, fireplace chimneys and open porches shall not be considered as a part of
the building; provided, however, that the foregoing shall not be construed to permit any position of a building on
any Lot to encroach upon another Lot or any drainage or utility easement.
Willi respect to Golf Course Lots, no building, patio, deck, terrace or other similar open porch, swimming
pool, or structure of any kind, artificially surfaced area sllaIl be located nearer than ten (10) feet from the rear Lot
line (or any other interior Lot line which abu[s and parallels any portion of the Golf Course).
Unless otherwise approved in writing by the Architectural Control Committee, each main residence
building will face the front of the Lot., cxccpt an attached or detached structure which is provided in addition to the
required two (2) car garage may face the street if the garage sits back at least fifty (50) feet from the properly line
which the garage faces.
The Cslates art lognn's Glen 17
covennnLS & Res(ridions 8/11/93
Section 7. Air Conditioners. No window or wall type air conditioners sliall be permitted to be used,
placed or maintained on or in any building in any part of The Properties,
Section 8. Garbage Disposal. Each kitchen in each residential structure on any Lot sl►all be equipped.
with a garbage disposal unit, which garbage disposal shall at all times be kept in an operational condition.
Section 9. Roofing. The approved roofing material shall be clay tile, or fiberglass shingles with a
minimum weight of 300 pounds per square. Use of any other roofing material requires written approval frorn the
Architectural Control Corumittee and tlue Town of Trophy Club. The use of any roofing materials in the
predominant color of white is expressly prohibited.
Section 10. Prohibition Against Aluminum Windows, No gray aluminum (mill finish) windows shall be
used in the construction of any dwelling or other building on any portion of The Properties unless specifically
authorized in writing by the Architectural Control Committee.
Section 11. Antennas, etc. No electronic antenna or device of any type, including any type or form of
satellite dish, other than one antenna for receiving television signals, FM signals and/or citizen's band signals
larger than 18" high or 18" diameter shall be erected, constructed, placed or permitted to remain on any other Lots,
residences thereon or oll►er permitted buildings constructed in The Properties. The permitted antenna may be
attached to the residential structure', however, the antenna's location shall be restricted so as to be hidden frank
sight, when viewed from any street or the Golf Course.
Section 12. Walls, Fences and Hedges. No walls, fences or hedges shall be erected or maintained nearer
to [lie front Lot line than the front wall of the structure situated on such Lot. All side or rear fences and walls must
be at least six (G) feet in height but no higher than eight (8) feet, unless otherwise approved in writing by the
Architectural Control Committee. Fences on Golf Course Lots (along or adjacent to and basically parallel to the
rear Lot lines of the Golf Course Lots) shall be (i) constructed of see through ornamental iron and be six (G) feet in
height or less.
No chain link fences shall be permitted.
No wood fences sl►all be permitted.
All fences shall be ornamental iron or masonry used in the residence located on such Lot.
Ownership of any wall, fence or hedge erected on a Lot by Declarant (and the right to erect any such wall,
fence or hedge for such purpose is hereby reserved in favor of Declarant, its successors and assigns) shall pass with
title to such Lot and it shall be (lie Owner's responsibility to maintain said wall .thereafter. In the event of default
oil the part of [lie Owner of any Lot in maintaining said wall, and such default continuing after ten (10) days
wrillen notice thereof, Declarant, its successors or assigns may, at its option, without liability to the Owner or
occupant in trespass or otherwise, enter upon said Lot and cause said protective screening to be repaired or
maintained or to take any other action necessary to secure compliance with this Declaration, and place said wall in
a satisfactory condition, and may charge the Owner or occupant of such Lot for the cost of such work by submitting
a statement to such Owner setting forth the cost of such work to the Owner or occupant of such Lot. The Owner or
occupant, as the case may be, agrees by the purchase or occupancy of such Lot, to pay such statement immediately
upon receipt thereof. The amount of such charge, together with interest thereon at the rate of ten percent (10°/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 tl►e 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.
Section 13. Teuupou-ary and Other Structures. No structure of a temporary character, no trailer, mobile,
modular or prefabricated house, tent, shack, barn, or any other structure or building other than the residence to be
built thereon in accordance herewith, shall be placed oil any Lot, either te►tuporarily or permanently, and no
The Estates ofIlognn's Glen 18
C6vennnts & Restrlctlon5 8111/98
residence house, garage or other structure appurtenant thereto shall be moved upon any Lot frorn another location;
except, however, that Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to
erect, place and maintain, such facilities in and upon the The Properties as in its sole discretion may be necessary
or convenient during the period of and in connection with the sale of Lots, construction and selling of residences
and constructing other improvements in the Properties. Such facilities may include, but not necessarily be limited
to, a temporary sales office, Declarant and builders shall also have the temporary right to use a residence situated
on a Lot as a temporary office or model home during the period of and in connection with construction and sales
operations in the Properties, but in no event shall a builder have such right for a period in excess of one (1) year
from the date of substantial completion of his last residence in the Properties.
Section 14. Driveways and Culverts. Each Lot must be accessible to an adjoining street by a driveway
suitable for such purposes before the residential structure located on any such Lot may be occupied or used. No
Owner may block any drainage channel (including road ditches). The specifications for and construction of all
drain tiles or culverts, whether to be installed in connection with a driveway or otherwise, must be approved by the
Architectural Control Committee. Driveways shall be entirely of concrete and shall be constructed with expansion
joisits not more than twenty feet apart, with one joint at the back of the street curb. The width of each driveway
shall flare and the curb shall be cut. in such a manner that the driveway shall be a least six (6) inches thick at its
end toward the street paving, and this extreme shall be poured against a horizontal form board to reduce the
unsightly appearance of a raveling driveway. Driveway surface to be exposed aggregate or stamped and colored
concrete.
Section 15. Landscaping and Sprinkler System. A landscape plan shall be submitted with the
constntction plans tend nntst be approved by the Architectural Control Committee prior to issuance of a building
permit. Each Lot an which a residential dwelling is constructed shall have and contain an underground water
sprinIcler system for the purpose of providing sufficient water to all front yards and all side yards not enclosed by
solid fencing. Each front yard.shall be planted with at least twelve (12) caliper inches of oak trees; provided,
however, any oak tree used to satisfy this requirement shall contain at least three (3) caliper inches. Preservation
of existing trees is encouraged and credit may be given toward the planting requirements for trees preserved in a
healthy condition. The grass in all front yards shall be solid sod common ber nuda grass or saint augistine, unless
otherwise approved in writing by the Committee. Weather permitting, each Lot shall be fully landscaped within
thirty (30) days after the date the residence thereon is ninely-five percent (951/6) complete. Each Lot Owner shall
be responsible for maintaining his own landscaping in a healthy condition.
Section IG. Exterior Chimneys. All exterior exposed fireplace structures shall be masonry clad with the
same material as the residence. No ntetal chimney cap shall be allowed without written authorization from the
Archileclural Control Committee,
Section 17. Removal of Dirt. The digging of dirt or the removal of any dirt from any Lot or from any
portion of the Common Properties is prohibited, except as necessary in conjunction with landscaping or
construction of improvements thereon.
Section I8. Septic Tanks. No privy, cesspool, or septic tank shall be placed or maintained upon or in any
Lot, or any other portion of the Properties,
Section 19. Mail Deposit, Recel2tacles. The Architectural Control Committee reserves the right to
approve the type, design and installation of any mail delivery boxes or mail deposit receptacles.
Section 20. 5igns. Except for signs, billboards or other advertising devices displayed by Declarant for so
long as Declarant or any successors or assigns of Declarant to whom the rights of Declarant under this Section 5.
are expressly transferred, shall own any portion of the Properties, no sign of any kind shall be displayed to the
public view on any Lot or the Common Properties except'
(a) Builders may display one (1) sign of not more titan five (5) square feet on a Lot to advertise
the Lot and residential stnicture situated thereon for sale during the sales and/or construction period; and
The Estates orllogan's Glen 19
Covenants & Restrictions 8/I 1198
(b) Any Owner may display one (1) sign of not more than five (5) square feet an a Lot improved
with a residential stnlcture to advertise the Lot and residence for sale or rent.
Seclion 21. Nuisance. No noxious or offensive activity shall be carried ort or permitted upon any Lot or
upon the Common Properties, nor shall anything be done thereon which may be or become an annoyance or
nuisance to the neighborhood or to other Owners. Tile Board of Trustees of the Association shall have the sole and
exclusive discretion to detenuine what constitutes a nuisance or annoyance. No trucks Iarger [flan three-quarters of
a ton, motor vehicle not currently licensed, boats, trailers, campers, motor or mobile homes or other vehicles shall
be permitted to be parked on any Lot, except in a closed garage, or on any street, except passenger cars and trucks
smaller than three-quarters of a ton may be parked on the street in front of the Lot for a period not to exceed twelve
(12) hours in any twenty-four (24) hour period. No repair work, dismantling, or assembling of motor vehicles or
other machinery or equipment shall be done or permitted on any Lot (except inside a closed garage), street, or any
portion of the Common Properties. The use or discharge of firearms, airguns, bows and arrows, or any other
device or instrument capable of injuring or killing, firecrackers, or other fireworks in tate Properties is prohibited.
No motor bikes, motorcycles, motor scooters, "go-carts", or other similar vehicles shall be penuitted to be operated
in the Properties, if, in the sole judgement of the Board ofTrusices of the Association, such operation, by reason of
noise or fumes emitted, or by reason of manner of use, s1taI1 constitute a nuisance.
Section 22. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any
Lot or on any portion of the Common Properties, except that dogs, cats, or other common household pets (not to
exceed three (3) adult animals) may be kept, but they shall not be 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 file care, custody and control of the pet's owner by a leash, rope, chain or other device,
and shall not be allowed to run loose in the Common Properties, streets, the Lots, or any other areas.
Section 23. Garbage and Refuse Storage and Disposal. All Lots and the Common Properties shall at all
time be kept in a healthful, sanitary and attractive condition. No Lot, street or arty part of.the Common Properties
shall be used or maintained as a dumping grounds for garbage, trash, junk or other waste matter. All trash,
garbage, or waste matter shall be kept in adequate containers constructed of metal, plastic or masonry materials
with tightly -fitting lids, which shall be maintained in a clean and sanitary condition and screened from public
view. No Lot shall be used for open storage of any materials whatsoever, which storage is visible from the street,
except that new building materials used in the construction of improvements erected ort any Lot may be placed
upon such Lot at the tithe construction is commenced and may be maintained thereon for a reasonable Lime, so
long as the construction progresses without unreasonable delay, until completion of the improvements, after which
these materials shall either be removed from the Lot, or stored in a suitable enclosure on the Lot. There is hereby
reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be
through public authority or through private garbage disposal service. No garbage, trash, debris, or other waste
matter of any kind shall be burned on any Lot,
In the event of default out the part of the Owner of any Lot in observing the above requirements, or any of
them, such default cantinuing after ten (10) days written notice thereof, Declarant, or its successors and assigns
may, at its option, without liability to the Owner in trespass or otherwise, enter upon said Lot and cause to be
removed such building materials, garbage, trash and rubbish or do any other thing necessary to secure compliance
with this Declaration in order to place said Lot neat, attractive, healthful and sanitary condition, and may assess
the Owner of such Lot for the cost of such work, by submitting a statement setting forth the cost of such work to
the Owner of such Lot. The Owner agrees by the purchase or occupancy of such Lot to pay such statement
immediately upon receipt thereof. Each such assessment, together with interest thereon at the rate of ten percent
(10%) per annum and reasonable costs of collection, sltall be a charge and continuing lien upon such Lot, as well
as the continuing personal obligation of the Owner of such Lot at lite time of such assessment. The lien securing
such assessment sltall be second, subordinate and inferior to all liens, present and future, given, granted and
created by or at the instance or request of the Owner of any such Lot to secure the payment of monies advanced or
to be advanced ort account of the purchase price and/or improvement of any such Lot.
The Eslates orHogan's Glen 20
Covenaltts lac Restrictions 8111198
Section 24. Lot Maintenance.
(a) The Owners or occupants of all Lois shall a( 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 requireutenis or incident to construction of improvements thereon
as herein permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon. The
drying of clothes in full public view is prohibited, and the Owners or occupants of any Lots at the
intersection of streets or adjacent to parks, playgrounds, the Golf Course, or other facilities where the rear
yard or portion of (lie lot is visible to full public view sliall construct and maintain a drying yard or other
suitable enclosure to screen the following from public view:
(b) Owners and occupants (including lessees) of any Lot shall, jointly and severally,
have the duty and responsibility, at their sale cast and expense, to keep Elie Lot so owned or
occupied, including buildings, improvements, grounds or drainage casements or other rights -of
way appurtenant thereto, and vacant land, in a well-maintained, safe; clean and attractive
condition at all times. Such maintenance includes, but is not limited to, the following:
(i) Prompt removal orall litter, trash, refuse and waste;
(ii) Lawn mowing on a regular basis;
(iii) Tree and shrub pruning,
(iv) Watering landscaped areas;
(v) Keeping exterior lighting and maintenance facilities in working order;
(vi) Keeping lawn and garden areas alive, free of weeds, and attractive;
(vii) Keeping parking areas, driveways, curbs and roads in good repair;
(viii) Complying with all government health and police requirements;
(ix) Repair of exterior damages to improvements;
(x) Cleaning of landscaped areas;
(xi) Repairing of improvements.
In the event of default an the part of the Owner or occupant of any Lot in observing the above
requirements, or any of them, such default continuing after ten (10) days written notice thereof, Declarant
or its successors and assigns may, at its option, without liability to the Owner or occupant in trespass or
otherwise, enter upon said Lot and cause to lie cut such weeds and grass or do any other thing necessary to
secure compliance with this Declaration in order to place said Lot in a neat, attractive, healthful and
sanitary condition, and may charge the Owner or occupant of such Lot for the cost of such work, by
submitting a statement setting forth the cost of such work to the Owner or occupant of such Lot. The
Owner or occupant, as the case may be, agrees by the purchase or occupancy of such Lot to pay such
statement immediately upon receipt thereof. Each such assessment, together with interest thereon at the
rate of ten percent (10%) per annum and reasonable cost of collection, shall be a charge and continuing
Iien upon such Lot, as well as the continuing personal obligation of the Owner of such Lot at the time of
such assessment. The lien securing such assessment shall be second, subordinate and inferior to all liens,
present and future, give, granted and created by or at the instance or request of the Owner of any such Lot
to secure the payment of monies advanced or to be advanced on account of the purchase price and/or
improvements of any such lot.
Tttc r -slates of Hagan's Glen 21
Covenants & Restrictions 8111198
(c) The Association shall maintain the landscape area from the front line of the
residence to the street.
Section 25. Utilities. Each residence situated on a Lot shall be connected to the water and sewer lines as
soon as practicable after same are available at the Lot line.
Section 26. Drainage. Neither the Declarant or the Association, or any of their successors or assigns,
shall be liable for any loss of use of, or damage done to any shrubbery, trees, flowers, improvements, fences, walks,
sidewalks, driveways, or buildings of any type or t11e contents thereof on any Lot whatsoever in the Subdivision
caused by any water levels, rising walers, or drainage waters, No Owner shall do anything to cause or whicli
causes the interruption oral I cri Ii on of the plauned drainage oft lie Properties as prescribed by Declarant or by
anyone acting for Declarant in this particular matter.
Section 27. Access. No driveways or roadways may be constructed on any Lot to provide access to any
adjoining Lot or other portion of the Properties unless the express written consent of the Architectural Control
Conunillee first shall have been obtained.
Section 28. Oil Water ind-Mining Operations. No water well drilling, no oil drilling or development
operations, oil refining, quarrying or mining operations of any kind shall be penuitted upon or in any Lot, nor
shall oil wells, tanks, tunnels, mincral excavations or shafts be permitted upon or in any Lot. No derrick or other
structure designed for use in boring for oil and natural gas sliall be erected, maintained or permitted upon any Lot.
Section 29. Use of Common Properties. There: sliall be no obstruction of any part of the Common
Properties, which are intended to remain unobstnucled for the reasonable use and enjoyment thereof. No Owner
shall appropriate any part of the Common Properties to his exclusive use, nor shall any Owner do anything which
would violate the casements, rights, and privileges of any Owner in regard to any portion of the Common
Properties which is intended for the common use and benefit of all Owners. Except as may be lierein permitted, no
Member shall plant, place, fix, install or construct any vegetation, liedge, tree, shrub, fence, wall, structure, or
improvements or store any of his personal property on the Compton Properties or any part thereof without the
written consent of (lie Association first being obtained. The Association shall have the rigllt 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 sucl> cost,
all on the same terns and provisions as are set forth in Section 16, next above.
Section 30. Exempt Properly, Notwithstanding any provisions herein to the contrary, the Common
Properties shall not be subject to or burdened by the building and use restrictions set forth in this Article IX, except
to the extent same are made specifically applicable to the Common Properties.
Section 31. Retaining; Walls, Retaining walls may be constructed to achieve even grades for landscaping,
pools, driveways or house foundations. Any such retaining wall must be uniform in height with a flat top and must
be constructed of compatible masonry materials approved by the Architectural Committee, which shall be
consistent wilh the overall appearance of the neighborhood. No railroads ties or landscape timber retaining walls
shall be permitted.
Section 32. Wall Surface Above Garage Doors. All wall surface above the garage doors sliall be masonry
to match the residence.
Section 33, Roof Pitch. Minimum slope of roof structure shall be 8:12 (8' rise: 12' run)
ne Estates or Hognn's Glen 22
COVC11a111S & Restriclions 8111199
ARTICLE IX
General Provisions
Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land,
and sliall inure to the benefit of and be enforceable by the Association or the Owner of any land subject to this
Declaration or any Supplemental Declaration, their respective legal representatives, heirs, successors and assigns,
for an initial term commencing on the effective dale hereof and ending December 31, 2020. During such initial
term (a) the covenants and restrictions contained in all Articles hereof other than Articles VIII and IX may be
changed or terminated only by ,in instrument signed by the then Owners of not less titan ninety percent (900A) of
the Lots in the Properties and approved by the Town Council of the Town of Trophy Club and properly recorded
into the appropriate records of Denton County, Texas. Upon the expiration of such initial terra, all of the
covenants and restrictions of this Declaration (as changed, if changed), and the enforcement rights relative thereto,
shall be automatically extended for successive periods of ten (10) years. During such ten (10) year extension
periods, the covenants and restrictions contained in all Articles hereof other than Articles VIII and IX may be
changed or terminated only by an instrument signed by the (lien Owners of not less than fifty-one percent (51%) of
all the Lots in The Subdivision and approved by the Town Council of the Town of Trophy Club and properly
recorded in (lie appropriate records of Denton County, Texas,
Scclicn 2. Enforcement. The Association, as a common expense to be paid out of the Maintenance Fund,
or any Owner at his own expense, shall have the right to enforce, by proceedings at law or in equity, all
restrictions, covenants, conditions, reservations, liens, charges, assessments, and all other provisions set out in this
Declarant. Failure of (Ile Association or of any Owner to take any action upon any breach or default of or in
respect to any of the foregoing shall not be deemed a waiver of their right to lake enforcement action any
subsequent breach or default.
Section 3. Amendments by Declarant. The Declarant shall have and reserves the right at any time and
from time to time, without the joiner or consent of any other party to aruend this Declaration by any instrument in
writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or
grammatical error, ambiguity or inconsistency appearing herein, provided that any such amendment shall be
consistent with and in furtherance of the general plats and scheme of development, as evidenced by this Declaration
and all Supplemental Declarations, and shall not impair or affect the vested property or other rights of any Owner
or his mortgagee.
Section 4. Interpretation. If lliis Declaration or any word, clause, sentence, paragraph, or other part
hereof shall be susceptible or more than one or coriliicting interpretations, (hen the interpretation which is most
nearly in accordance with the general purposes and objectives of (his Declaration and all Supplemental
Declarations shall govern.
Section 5. Omissions. If any punctuation, work, clause, sentence, or provision necessary to give meaning,
validity, or effect to any other work, clause, sen(ence, or provision appearing in this Declaration sliall be omitted
herefroni, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word,
clause, sentence or provisions shall be supplied by inference.
Section G. Notices. Any notice required to be sent to any Member or Owner under the provisions of this
Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the
person who appears as Member or Owner ori the records of the Association at the time of such mailing.
Section 7. Gender and Grammar. The singular, whenever used herein, shall be construed to mean the
plural, when applicable, and the necessary grammatical changes required to make the provisions hereof apply
either to corporations or individuals, stales or females, shall in all cases be assumed as though in each case fully
expressed.
Section 8. Severability. Invalidation of any one or more of the covenants, restrictions, conditions, or
provisions contained in this Declaration, or airy part thereof, shall in no manner affect any of the other covenants,
restrictions, conditions, or provisions hereof, which sliall remain in full ford and effect.
' lie Eslales of Ftognn's Glen 23
Covennnls & Restrictions 8111198
ARTICLE X
Powers Granted to the Town orTro ►h v Club
Section 1. The Town of Trophy Club, Texas (the "Torun") shall have the right to perform, but not the
obligation, the ►naintenance obligations of the Association with respect to the Common Properties, if the
Association fails to reasonably perform such inaintenance obligations within ten (10) days after receipt by the
Association of written notice from the Town staling the nature and extent of the Association's failure to maintain
the Conuuou Propertics.
Section 2. Upon assuming such maintenance obligations, tire Town may collect all maintenance
assessments in accordance wills the procedures specified herein and in any bylaws or articles of incorporation of
the Association, expending an amount of such assessments as reasonably necessary, in the sole opinion of the
Town, to perforin the Association's maintenance obligations which it has failed to perform, and remitting the
balance thereof to slue Association forthwith.
Section 3. The Declarant and the Association understand and agree that the Covenants and Restrictions
contained herein are not intended to restrict or limit the rights of the Town to exercise its legislative and
governmental rights, duties and powers insofar as zoning of the Properties is concerned.
ARTICLE XI
Insurance, Repair and Restoration
Section 1. Right to Purchase Insurance. The Association shall have the right and option to purchase,
carry and maintain in force insurance covering any or all portions of the Common Properties, the improvements
thereon and appurtenant thereto, for (lie interest of the Association and all of Members thereof, in such amounts
and with such endorsements and.coverage as sliall be considered good sound insurance coverage for properties
similar in construction, location and use to the subject property. Such insurance ►nay, include, but need not be
limited to:
(a) Insurance against loss or damage by fire and hazards covered by a standard extended coverage
endorsement in an amount which shall be equal to the maxinn►nt insurable replacement value, excluding
foundation and excavation costs as determined annually by the insurance carrier.
(b) Public liability and property damage insurance oil a broad form basis.
(c) Fidelity bond for all directors, officers and employees of the Association having control over the
receipt or the disbursement of funds in such penal sums as shall be determined by the Association in accordance
with its Bylaws.
(d) Officers and directors liability insurance,
Section 2. Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance carrier to the
Association or contractors designated by the Association as the Board of Directors may direct. The Association
shall use the net insurance proceeds to repair and replace any damage or destruction of property, real or personal,
covered by such insurance. Any balance from the proceeds of insurance paid to the Association, as required in this
Article, remaining after satisfactory completion of repair and replacement, shall be retained by the Association as
part of a general reserve fund for repair and replacement of the Common Properties.
Section 3. Insufficient Proceeds. If the insurance proceeds are insufficient to repair or replace any loss or
damage, the Association may levy a special assessincnt as provided for in Article Vi of this Declaration to cover
the deficiency. If the insurance proceeds are insufficient to repair or replace any loss or damage for which an
llw Eststrs ortlognn's Cleu 24
Commits & Rcstrlctim7s 8/1 U98
Owner is bound hereunder, such Owner shall, as such Owner's undivided responsibility, pay any excess costs of
repair or replacement.
Section 4. Mortgage Protection. There may be attached to all policies of insurance against loss or
damage by fire and other hazards, a mortgagee's or lender's loss payable clause; provided, however, that amounts
payable under such clause to [lie mortgagee may be paid to the Association to hold for the payment of costs of
repair or replacement, subject to the provisions of Section 2 hereof. The Association shall be responsible to hold
said monies or to collect additional monies if the proceeds are insufficient to pay for the cost of all repairs or
replacements and sl►aIl ensure that all mechanic's, n►aterialmen's and similar liens which may result from said
repairs or replacen►ents are satisfied.
Section 5. Destruction of Improvements or Individual Lots. In the event of destruction (total or partial) to
the improve mews on any individual Lot due to fire or any other cause each Owner covenants and agrees to clear
and remove any and all debris resulting from such damage within (2) months alter the date that the damage occurs
and to complete all necessary repairs or reconstruction of the damaged improvements within one (1) year after the
dale that the damage occurs.
The •Estates of t logan's Glen 25
Covennllls & Ilestricliow 8111198
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7113198 8:26 AM Page t
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7113198 8:26 AM Page 2