Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
ORD 1996-10
TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. c) 6 - 3 a 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 9.8082 ACRE TRACT OF LAND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL TO PD PLANNED DEVELOPMENT #17 FOR SINGLE FAMILY RESIDENTIAL USES; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT #17 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the tract of land (the "Land"), described as a 9.8082 acre tract of land generally known as Hogan's Glen and as described in Exhibit "A" attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land and an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 94-09 of the Town (the "Comprehensive Zoning Ordinance"); and WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came on before the Planning and Zoning Commission and Town Council; and WHEREAS, the Town Council, at a public hearing held jointly with the Planning and Zoning Commission, had an opportunity to consider the following factors in making a determination as to whether the requested changes should be granted or denied; effect on the congestion in the streets, safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the Land, noise producing elements and glare of vehicular and stationary lights and effect of such lights on the established character of the neighborhood, the fire hazards and other dangers possibly present and the securing of safety from the same, ©OC #: 394523 lighting and type of signs and the relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated for proposed uses around the Land and in the immediate neighborhoods, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the Town Council further considered among other things the character of the districts and their peculiar suitability for particular uses, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council finds that the zoning granted herein utilizes innovative land development concepts and is consistent with the Town's Comprehensive Land Use Plan; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that there has been a change in the conditions of the Land surrounding and in close proximity to the Land since the Land was originally classified and therefore the change in zoning herein made is needed; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Rezoning. Ordinance No. 94-09 of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: A. The zoning on the Land, being a 9.8082 acre tract of land described in Exhibit "A" attached hereto and incorporated herein, heretofore zoned R-12 Single Family Residential District is hereby changed to PD Planned Development District for single family residential uses, in accordance with the requirements of this Ordinance (including Exhibits " A , " " B , " and C ," each of which Exhibits is incorporated herein for all purposes), all applicable parts of DOC #1 394523 the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. Section 3. Site plan. A planned development site plan for the Land or any part thereof which shall be in substantial conformity with Exhibits described in Section 2.A. above shall be submitted by the Owner of the Land as required by and in accordance with the Comprehensive Zoning Ordinance and shall be filed as a part of this Ordinance and shall be made a part hereof prior to the issuance of any building permit for the Land in this Planned Development District. Section 4. Zoning map. The Planning and Zoning Administrator is hereby directed to mark and indicate on the official Zoning District Map of the Town to reflect the zoning change herein made. Section 5. Development conditions. In carrying out the development of the Land in accordance with this Ordinance, the Development Standards set forth in Exhibit "C" shall be conditions precedent to the granting of any certificate of occupancy. Section 6. Restrictive covenants. In connection with the development of the Land, the Owner of the Land has voluntarily agreed to place against the Land certain restrictive covenants running with the Land (which covenants are attached hereto as Exhibit " D ") in a form to be approved by the Town and to which the Town may be made a party for certain purposes. Section 7. Applicable regulations. In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. Section 8. Purpose. The amendment to zoning herein made has been made in accordance with the Comprehensive Plan of the Town for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 9. Savings. This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 10. Penal1y. 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 00C #: 394523 have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 12. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas Yg, t 1-996. this the 1 s � da of Au �s„ Town of T MPhy Club, Texas ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Aiittorney, Town of Trophy Club, Texas DOC H: 394523 SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ZONING ORDINANCE FOR THE 9,80 ACRE TRACT THE 'VILLAS OF HOGAN' S GLEN TROPHY CLUB, DENTON COUNTY TEXAS Presented To The TOWN OF TROPHY CLUB TROPHY CLUB, TX JULY 1996 Villas of Hagan's Glen PD Ordinance Page 1 7/24!46 TABLE OF CON'TEN'TS LOCATION MAP APPLICATION SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT ZONING ORDINANCE I. EXHIBIT A: LEGAL DESCRIPTION II. EXHIBIT B: PD DEVELOPMENT PLAN M. EXHIBIT C: DEVELOPMENT STANDARDS AND SINGLE FAMILY HOUSING REGULATIONS A. GENERAL PURPOSE B. USES GENERALLY C. BUILDING PERMIT REQUIREMENTS D. HEIGHT REGULATIONS E. AREA REGULATIONS F. GARAGES G. CONSTRUCTION REGULATIONS H. DRIVEWAYS AND WALKWAYS I. SPECIAL PAVING J. FENCES / WALLS / RETAINING WALLS K. COMMON AREAS L. LANDSCAPE M. UTILITIES N. TRASH RECEPTACLES AND COLLECTION O. TEMPORARY STRUCTURES AND VEHICLES P. SIGNS Q. EXTERIOR LIGHTING R. PRIVATE STREETS S. NON SPECIFIED REGULATIONS IV. EXHIBIT D: DRAFT OF PROPOSED COVENANTS, CONDITIONS AND RESTRICTIONS V. EXHIBIT E: CONCEPTUAL LANDSCAPE PLAN VI. EXHIBIT F: CONSTRUCTION SCHEDULE Villas of Hogan's Glen PD Ordinance Page 2 7124196 LLAS C PS GLE 5 P l :r � I 1 y1' � 4 r 4 LLAS C PS GLE 5 :r LLAS C PS GLE Town of Trophy Club 100 MUNICIPAL DRIVE TROPHY CLUB, TEXAS 76262 APPLICATION FOR ZONING CHANGE CASE NO. PROPOSED AMENDMENT: PRESENT ZONING R-12 PRESENT USE REQUESTED ZONING PD INTENDED.USE AMILY RESIDENTIAL LEGAL DESCRIPTION OF PROPERTY: PLATTED PROPERTY: Lot 123-151 Section Addition LAKE FOREST VILLAGE IV UNPLATTED PROPERTY: Survey Name A- , Acres *Note: If property is not platted, attach metes and bounds description. OWNERSHIP/APPLICANT INFORMATION: Name of Owner/Applicant BECK PROPERTIES TROPHY CLUB, L.P. Address 100 TROPHY CL E, TROPHY CLUB TX 7bZbZ Phone - Signature of Applicant FOR TOWN USE' Submission of Application Fees: $ Receipt No. Date EVENTS DATE ACTION REMARKS Preliminary Hearing - P'& Z Public Hearing - P & Z Public Hearing - Council Ordinance - 1st Reading Ordinance - 2nd Reading Ordinance - 3rd Reading Effective Date After Publication Recorded on Zoning Map EXHIBIT 99 •` LEGAL DESCRIPTION HOGANS GLEN VILLAS BEING a 9.8082 acre tract of Land situated in the M. MEDLIN SURVEY, Abstract No, 832 and the J.R. MICHAEL SURVEY, Abstract Number 821, in the City of Trophy Club, Denton County Texas, and being part of a tract of land described to BECK PROPERTIES in Deed recorded in Denton County Clerks File Number 93-R008751-6, Denton County Texas, and being more particularly described as follows: BEGINNING at a 518 inch iron rod found for comei in the Northeast line of Indian Creek Drive ( an 80 foot wide Right -of -Way ) for the most northwest corner of Lake Forest Village, Phase Two, an addition to the City of Trophy Club as recorded in Cabinet 8, Slide 1, Plat Records, Denton County, Texas; THENCE North 31'07'23" West, with the Northwest line of said Indian Creek Drive, a distance of 644.12 feet to a point for corner at the beginning of a non -tangent curve to the left whose chord bears South 76°07'24" East, 28:28 feet; THENCE leaving the Northwest line of said Indian Creek Drive, the following courses and distances, to -wit: In a Northeasterly direction along said non -tangent curve to the left having a central angle -of 90°00'00", a radius of 20.00 feet, and an arc length of 31.42 feet to a point for corner; North 58'52'36" East a distance of 42.18 feet to a point for corner at the beginning of a curve to the left whose chord bears North 43°22'39" East, 93.53 feet; In a Northeasterly direction along said curve to the left having a central angle of 3059'55", a radius of 175.00 feet, and an arc length of 94.68 feet to a point for corner; North 27052'41 " East a distance of 2.28 feet to a point for corner at the beginning of a curve to the right whose chord bears North 5059'45" West, 5.00 feet; In a Northwesterly direction along said curve to the right having a central angle of 1'16'24", a radius of 225.00 feet, and an arc length of 5.00 feet to a point for corner; North 38°22'03' East a distance of 50.02 feet to a point for corner at the beginning of a curve to the left whose chord bears South 54'01'29" East, 24.59 feet; In a Southeasterly direction along said curve to the left having a central angle of 8°03'33", a radius of 175.00 feet, and an arc length of 24.61 feet to a point for corner at the beginning of a curve to the right whose chord bears North 40'08'36" East, 10.12 feet; In a Northeasterly direction along said curve to the right having a central angle of 1'21'52", a radius of 425.00 feet, and an arc length of 10.12 feet to a point for corner; South 49' 10'28" East a distance of 50.00 feet to a point for corner at the beginning of a curve to the left whose chord bears South 40626'37" West, 5.00 feet; In a Southwesterly direction along said curve to the left having a central angle of 0'45'50", a radius of 375.00 feet, and an arc length of 5.00 feet to a point for corner at the beginning of a curve to the right whose chord bears South 39°59'17" East, 69.35 feet; In a Southeasterly direction along said curve to the right having a central angle of 17°43'47", a radius of 225.00 feet, and an arc length of 69.62 feet to a point for corner; South 31 °07'23" East a distance of 27.17 feet to a point for corner; North 31'29'52" East a distance of 9.17 feet to a point for corner; North 41'44'56" East a distance of 45.78 feet to a point for corner; North 62'39'34" East a distance of 92.50 feet to a point for corner; North 59'28'34" East a distance of 75.30 feet to a point for corner; North 70027'34" East a distance of 78,50 feet to a point for corner; North 75'04'34" East a distance of 48.40 feet to a point for corner; EXHIBIT"A" North 88020'34" East a distance of 141.50 feet to a point for corner; North 68°44'08' East a distance of 66.55 feet to a point for corner in the southerly line of a tract of land described to Cobblestone Texas, Inc. In Denton County Clerks File Number 93-0087511, Deed Records, Denton County, Texas; THENCE along the Southerly line of said Cobblestone Texas, Inc. Tract, the following courses and distances, to -wit: South 54°47'00" East a distance of 156.10 feet to a point for corner; South 45053'00' East a distance of 178.80 feet to a point for corner; South 63`02'54" East a distance of 120.62 feet to it point for corner in the Northwest line of said Lake Forest Village; ' THENCE along the Northwest line of said Lake Forest Village, the following courses and distances, to -wit: South 29°26'00" West a distance of 27.64 feet to a point for corner; South 55°17'47" West a distance of 108.25 feet to a point for corner; South 52°40'58" West a distance of 129.61 feet to a point for corner; North 37°38'22" West a distance of 46.00 feet to a point for corner; South 52°32'58" West a distance of 168.93 feet to a point for corner; North 37027'08" West a distance of 89.64 feet to a point for corner; South 75°15'48' West a distance of 98.40 That to a point for corner; South 44°04'15" West a distance of 253.17 feet to a point for corner; South 32°28'54" West a distance of 24.51 feet to a point for corner; South 42°34'07' West a distance of 87.94 feet to a point for corner; South 58°58'35" West a distance of 54.14 feet to the POINT OF BEGINNING and containing 9.8082 acres of land, more or less. 0 Q U 1Q w F-LLJ !J7 H Ln 66 99 Ya e !s Ir z K V a a� � E k7 r r sv7C3.L 'H.LUOM '.L3 on[i 'mvDIN'dar 29 HnHos 'xa-lxorna %Lsoa T "C" DEVELOPMENT STANDARDS SINGLE FAMILY REGULATIONS A. GENERAL PURPOSE: The purpose of this PD Ordinance is to allow single family detached dwellings on lots of not less than seven thousand two hundred (7,200) square feet together with allowed incidental and accessory uses, in order to provide a viable and compatible neighborhood for the Town of Trophy Club. The Villas of Hogan's Glen is a private, gated, residential neighborhood adjacent to the golf course which blends a heavily wooded site with a unique land plan to create a lasting and quality environment. The existing vegetation, topography and adjoining creek and lake are integrated into a unified residential plan which maximizes the existing natural amenities of the site. The purpose for the PD Ordinance Guidelines is to establish a framework for development which provides for the protection of the existing site characteristics. Enforcement of the design guidelines will insure the protection of the design intent and will optimize the preservation of the site. B. USES: In "The Villas of Hogan's Glen'' no land shall be used and no building shall be installed, erected for or converted to any use other than as hereinafter provided. 1. Permitted Uses: The following uses shall be permitted as principle uses: (a) Single Family Detached Dwellings. (b) Private Roadways constructed to Town standards. (c) Private Common Areas owned by an authorized Homeowner's Association. (d) Public and Private Utilities. 2. Accessory Uses: Accessory uses shall be permitted in accordance with the regulations provided in Section 35 of The Comprehensive Zoning Ordinance No. 94-09. 3. Limitation of Uses: (a) All applicable ordinances of the Town of Trophy Club shall govern any uses allowed unless otherwise expressed herein. (b) Any use not expressly permitted, or allowed by permit, or as provided by this district, is prohibited. Villas of Hogan's Glen PD ordinance Page 3 7124196 C. BUILDING PERMIT RE UIREMENTS: No application for a building permit for the construction of any structure shall be approved unless a plat, meeting all requirements of the Town of Trophy Club has been approved by the Town Council and recorded in the official records of Denton County, Texas. D. HEIGHT REGULATIONS: Except as provided by Section 36 of the Comprehensive Zoning Ordinance 94-09, no building shall exceed thirty-five (35) feet or two and half (2 112) stories in height. E. AREA REGULATIONS: The following minimum standards shall be measured from property lines: 1. Lot Size: Lots for any permitted single family use shall have a minimum area of seven thousand two hundred (7,200) square feet. 2. Minimum Open Space: All areas not devoted to buildings, paving or swimming pool shall be devoted to turf or landscaping. 3. Maximum Building Coverage: The combined first floor area covered by all principal and accessory buildings or structures shall not exceed sixty-five (65%) percent of the total lot area. Swimming pools and spas are not included in determining maximum building coverage. 4. Minimum Floor Area: The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be 2,500 square feet. 5. Depth of Front Yard: 20 foot minimum. 6. Depth of Rear Yard: 10 foot minimum. 7. Width of Side Yard: 0 foot minimum on one side and 10 foot minimum on the other side. S. Width of Side Yard Adjacent To Side Street: 15 foot minimum. 9. Width of Lot: 60 foot minimum. 10. Depth of Lot: 110 foot minimum. F. GARAGES: 1. A detached garage, used to meet the minimum off street parking requirement, shall be permitted as an accessory use in a residential district. Said garage shall have a minimum interior dimension of twenty-one (21) feet side to side by twenty-two (22) feet front to back. Said garage shall also be constructed so as to accommodate the enclosed parking of at least two (2) automobiles. 2. A detached garage, which is provided in addition to the required two (2) car garage, shall be permitted as an accessory use in a residential district. Villas of Hogan's Glen PD Ordinance Page 4 7!24196 3. Any detached garage shall setback at least fifty (50) feet from the front property line of a residential lot. 4. An attached garage structure, which is provided in addition to the required two (2) car garage may face any street only if the garage sits back at least fifty (50) feet from the front property line of a residential lot. 5. Any garage structure, provided in addition to the required two (2) car garage, shall have a minimum interior dimension of 10 112' x 22' per vehicle space. G. CONSTRUCTION REGULATIONS: (a) The exterior surface of all residential dwellings shall be constructed of glass, stucco (or similar applications approved by the Town of Trophy Club), stone, brick or other masonry materials. It is specifically required that the exterior wall area of each residence located within The Villas of Hogan's Glen will have not less than eighty (80%) percent masonry coverage. Forty (40) year warranty, Timberline or equal composition roofing is the minimum standard of quality for roofing material to be used in the Properties. (b) Each residential structure shall have installed on the outside wall thereof a service riser conduit. No such conduit shall be visible from public streets, or Common Properties. (c) No above ground -level swimming pools shall be installed on any Lot. (d) Time of Completion. The following shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof, the term "commencement of construction" shall be deemed to mean the date on which the building permit is issued by the Town of Trophy Club. All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot including landscaping and irrigation and all interior construction (including, but not limited to, all electrical outlets in place and operational, all plumbing fixtures installed and operational, all cabinet work, all interior walls, ceilings, and doors shall be covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering). (e) No projections of any type visible from the street or golf course shall be placed or permitted to remain above the roof of any residential building with the exception of chimneys and vent stacks. H. DRIVEWAYS AND WALKWAYS: All driveways and walkways shall be constructed of exposed aggregate or stamped and colored concrete. I. SPECIAL PAVING: Those paved areas identified on Exhibit S: PD Site Plan as "Special Paving" shall permit patterned and colored concrete as constructed to the requirements of the Town of Trophy Club. Villas ofHogan's Glen PD ordinance Page 5 7124196 J. FENCES / WALLS / RETAINING WALLS: Retaining walls shall be restricted to structurally engineered and designed walls constructed or veneered with masonry to match the residence. (a) Front Yard Fencing. Fencing will be allowed to extend from the front building line of a dwelling to the side property lines. All fencing shall be masonry, identical to the type of construction used on the residence located on such Lot or ornamental iron. All gates shall be ornamental iron. (b) Side Yard Fencing. Fencing between Lots may be of masonry or ornamental iron only. (c) Side or Rear Yard Fencing Visible from the Street. Fencing shall be constructed as noted in Subparagraph a1. (d) Perimeter Fence. (i) Facing Golf Course or Creek. Perimeter Fences shall be constructed of decorative iron with native stone columns at each property corner. Maximum height 4'. (ii) Facing Indian Creek Boulevard. Shall be constructed of masonry and decorative iron 8' in height. (e) Electronic Guard Gates. Electronic guard gates shall be double entried (ingress and egress). Construction shall be metal with a maximum height of nine feet (9'). Access for home owners shall be by card access or electronic vehicle sensitive tag; visitors by electronic call box or a guard; exiting by pressure sensitive strips in the pavement. Emergency personnel and law enforcement personnel will be by access card or electronic vehicle sensitive tag or in case of access failure, emergency pull box. K. COMMON AREAS: (a) All common areas, as identified on Exhibit B: PD Site Plan, shall be constructed and landscaped by the Developer. (b) Common Area landscaping and improvements shall be generally constructed in accordance with Exhibit E: Conceptual Landscape Plan. (c) Common Area maintenance shall be by "The Villas of Hogan's Glen" Homeowners Association. Villas ofHogan's Glen PD Ordinance Page 6 7124196 L. LANDSCAPING: Landscaping and Sprinkler System. Each Lot on which a residential dwelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front yards, side and rear yards. Each Lot shall be planted with a least twelve (12) caliper inches of trees; provided, however, any tree used to satisfy this requirement shall contain at least three and one half (3 112) caliper inches. Preservations of existing trees is encouraged and credit may be given toward the planting requirements for trees preserved in a healthy condition. M. UTILITIES: All utilities shall be underground. Electric transformers shall be pad mounted and located at rear of Lots. N. TRASH RECEPTACLES AND COLLECTION: Each Lot Owner shall make or cause to be made appropriate arrangements with the Town of Trophy Club, Texas, for collection and removal of garbage and trash on a regular basis. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the Town of Trophy Club, Texas, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers approved by the Town of Trophy Club, Texas, and which shall be maintained in a clean and sanitary condition. An Owner may place trash on the street curb abutting his Lot only on those days designated by the Town of Trophy Club, Texas, as trash collection days. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon during the time of construction, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which the materials shall either by removed from the Lot or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. O. TEMPORARY STRUCTURES AND VEHICLES: No temporary structure of any kind shall be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent, shack, barn or any other structure or building, other than the residence to be built thereon, shall be placed on any Lot, either temporarily or permanently, and no residence, house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location, except for a sale, pre -sale or construction trailer; provided, however, that Developer reserves the exclusive right to erect, place and maintain, such facilities in and upon the Property as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling of residences and constructing other improvements on the Properties in compliance with the regulations of the Town of Trophy Club. Such facilities may include, but not necessarily be limited to, a temporary office during the period Of and in connection with the construction and sales operations on the Properties, but in no event shall the Developer have such right for a period in excess of that permitted by the Town of Trophy Club. Any truck, bus, boat, boat trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall, if brought within the Properties, be stored, placed, or parked within the garage of the appropriate Owner. Villas of Hogan's Glen Pl) Ordinance Page 7 7124/96 P. SIGNS: Neighborhood identification signs are allowed in locations as shown on Exhibit B: PD Site Plan. Developer may erect and maintain a sign or signs for the construction, development, operation, promotion and sale of the Lots. Holiday or patriotic flags may be displayed by Developer and Owners. Q. EXTERIOR LIGHTING: Pole Lamps shall be a maximum of fifteen feet (15') in height. Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps should be of the quality of an American Style fixture as manufactured by Antique Street Lamps. R. PRIVATE STREETS: (a) Maintenance Cost: The Villas ofHogan's Glen Homeowner's Association is responsible for the cost of maintenance of private streets. The Town shall have no responsibility for and shall not pay for any portion of the cost of maintaining a private street. (b) Maintenance Standards: Maintenance, amenities, and landscaping of private streets shall conform to the same standards regulating the maintenance, amenities, and landscaping of public streets. (c) Retention of Easements: A utility, drainage, and emergency access easement shall be retained in private streets by the Town and other utility companies: (i) providing unrestricted use of the property for utilities and their maintenance; (ii) extending easement rights to all utility providers including telecable companies operating within the Town; (iii) providing the Town with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement; and (iv) permitting the Town to remove any vehicle or obstacle within the private street lot that impairs emergency access. (d) Town Assumption of Maintenance: The Town shall be the sole judge of whether repairs to a private street are needed. If the Homeowner's Association, its successors, or assigns, fail or refuse to adequately maintain private streets and related appurtenances, the Town shall have the right, but not the obligation, to assume temporarily the duty of performing the association's maintenance obligations at any time after the expiration of sixty (60) days after receipt by the association, its successors or assigns of written notice from the Town specifying the nature and extent of the failure to maintain. (i) Upon assuming such maintenance obligations, the Town shall have the right to collect, when they become due, the assessments levied Villas of Hogan's Glen PD Ordinance Page S 7/24/96 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 shaII 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) Linder no circumstances, shall the Town be liable to the association or any lot owner or their respective heirs, successors or assigns for negligent acts or omissions relating in any manner to maintaining, improving and preserving the private streets and related appurtenances. (e) Access Restrictions: The entrances to all private streets shall be marked with a sign stating that it is a private street. Either a guard house or an access control device such as a gate or cross arm shall be constructed at each entrance. All restricted access entrances shall provide access to the subdivision by the Town and other utility service providers with appropriate identification. If the association fails to maintain reliable access as required to provide town services, the Town shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the association. (f) Restricted Access Entrance Design Standards: Private streets which have access controlled by a gate, cross arm, or other access control device shall conform to the following requirements. (i) The street must have a minimum uninterrupted pavement width of 15 feet at the location of the access control device and any deviation in width from the Town standards shall receive prior approval of the Town's engineer. (ii) If an overhead barrier is used, it shall have a minimum height above the road surface as required by the Fire Code for fire lanes. (iii) The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, shall be approved by the Fire Department before installation. (g) Visitor Entrance Design Standards: At least one entrance to a subdivision with private streets shall be equipped for visitor access. In addition to the above Restricted. Access Entrance Design Standards, the visitor entrance shall be equipped with a call or code box located at least 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 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 Villas of Hogan's Glen PD ordinance Page 9 7/24196 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 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. S. NON SPECIFIED REGULATIONS; Any regulation not specifically addressed herein shall be in accordance with the current zoning laws of the Town of Trophy Club. Villas ofHogan's Glen PD ordinance Page 10 7/24196 'EXHIBIT 66 99 "THE VILLAS t HOGAN'S79, COVENANTS & E C'l -R-1 TmtCTIONS XL The Villas ofHogan's Glen Covenants & Restrictions 7124!96 DECLARATION OF COVENANTS AND RESTRICTIONS "THE VILLAS OF HOGAN'S GLEN" (A Residential Subdivision) THE STATE OF TEXAS COUNTY OF DENTON THIS DECLARATION, made on the date hereinafter set forth by BECK PROPER'T'IES TROPHY CLUB, L.P.,a Texas corporation (hereinafter referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant (as that term is hereinafter defined) are the owners of the real property described in Article III of this Declaration, and desire to provide for the preservation of the values and amenities in such property, and, to this end, desire to subject such property to the covenants, restrictions, easements, charges, and liens hereinafter set forth, each and all of which is and are for the benefit of such property and each Owner thereof; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities . in The Subdivision, to delegate and assign the powers of maintaining and administering the Common. Properties and Common Facilities in The Subdivision (as such terms are defined herein) and administering and enforcing the assessments and charges created hereinafter and in all Supplemental Declarations; and WHEREAS, a non-profit corporation has been incorporated under the laws of the State of Texas for the purpose of exercising the functions aforesaid; NOW, THEREFORE, the Declarant declares that the real property described in Article III is and shall be held, transferred, sold, conveyed, occupied, and enjoyed subject to the covenants, restrictions, easements, charges, and liens (sometimes referred to herein collectively as "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 the Homeowners Association, its successors and assigns. (b) `The Subdivision" shall mean and refer to The Villas of Hogan's Glen, and all subsequent sections of the The Villas of Hogan's Glen Subdivision brought within the scheme of this Declaration. (c) `The Properties" shall mean and refer to the properties described in Article III hereof which are subject to this Declaration. (d) `Subdivision Plats" shall mean and refer to the map or plat of The Villas of Hogan's Glen recorded in Cabinet , Page of the Plat Records of Denton County, Texas, or any subsequently recorded replats thereof. (e) `Lot" and/or `Lots" shall mean and refer to each of the lots shown upon the Subdivision Plat or as may be shown on any replat thereof. References herein to the `the Lots (each Lot) in The Subdivision" shall mean and refer to Lots as defined respectively in this Declaration and all Supplemental Declarations. The Villas ofHogan's Glen 2 CavenanLS & Restrictions 7124196 (f) `Living Unit" shall mean and refer to any single-family residential unit located on property which as been brought within the plan of this Declaration. References to Living Units herein shall not be deemed to permit the use of any Lot in The Subdivision for any purpose other than single-family residential purposes. References herein to `The Living Units in the Subdivision" shall mean and refer to Living Units as defined respectively herein and in all Supplemental Declarations. (g) "Common Properties" shall mean and refer to all those areas of land within the Properties as shown on the Subdivision Plats, except the Lots as shown thereon, together with such other property as the Association may, at any time or from time to time, acquire by purchase or otherwise, subject, however, to the easements, limitations, restrictions, dedications and reservations applicable thereto by virtue hereof and/or by virtue of the Subdivision Plats, and/or by virtue of prior grants or dedications by Declarant or Declarant's predecessors in title. References herein to the "the Common Properties (any Common Property) in The Subdivision' shall mean and refer to Common Properties as defined respectively in this Declaration and all Supplemental Declarations. (h) `Common Facilities" shall mean and refer to all existing and subsequently provided improvements upon or within the Common Properties, except those as may be expressly excluded herein. Also, in some instances, Common Facilities may consist of improvements for the use and benefit of all Owners in The Subdivision constructed on portions of one or more Lots or .on acreage owned by Declarant (or Declarant and others) which has not been brought within the scheme of this Declaration. By way of illustration, Common Facilities may include, but are not necessarily limited to, the following; streets, structures for recreation, storage or protection of equipment; sidewalks; common driveways; landscaping; swimming pool; tennis courts; and other similar and appurtenant improvements, References herein to 'the Common Facilities (any Common Facility) in The Subdivision" shall mean and refer to Common Facilities as defined respectively in this Declaration and all Supplemental Declarations. (1) `Supplemental Declaration" shall mean and refer to any Supplemental Declaration of Covenants and Restrictions bringing additional property within the scheme of this Declaration under the authority provided herein. References herein (whether specific or general) to provisions set forth in ``all (any) Supplemental Declarations" shall be deemed to relate to the respective properties covered by such Supplemental Declarations. G) `Owner" shall mean and refer to the record owner, or if such Lot is subject to a term purchase contract with Declarant, to the contract purchaser, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties, but, notwithstanding any applicable theory of mortgage, shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. References herein to The Owners" (any Owner) in The Subdivision" shall mean and refer to Owners as defined respectively in this Declaration and all Supplemental Declarations. In one or more Supplemental Declarations `Owner" may be defined by reference to ownership of a Living Unit, in addition to or instead of by reference to the ownership of a Lot. (k) 'Member" and/or `Members" shall mean and refer to all those Owners who are members of the Association as provided in Article IV, Section 4 hereof, together with all the Owners in The Subdivision who are members of the Association as provided in all Supplemental Declarations. In one or more Supplemental Declarations, `Member" may be defined by reference to the Owner of a Living Unit, in addition to or instead of by reference to the Owners of a Lot. ARTICLE II Easements Section 1. Existing Easements. The Subdivision Plat dedicates for use as such, subject to the limitations set forth therein, certain streets and easements shown thereon, and such Subdivisions and restrictions applicable to The Villas of Hagan's Glen 7 Covenants & Restridions 7/24/96 the Properties. Further, Declarant in title has heretofore granted, created and dedicated by recorded instruments, certain other easements and related rights affecting the Properties. All dedications, limitations, restrictions and reservations shown on the Subdivision Plat and all grants and dedications of easements and related rights heretofore made by Declarant in tide affecting the Properties are incorporated herein by reference and made a part of this Declaration for all purposes, as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Properties. Section 2. Changes and Additions. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing the improvements. Section 3. Title to Easements and Appurtenances Not Conveyed_ Title to any Lot conveyed by Declarant by contract, deed, or other conveyance shall not be held or construed in any event to include the title to any roadways or any drainage, water, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone way, or any pipes, lines, poles, or conduits on or in any utility facility or appurtenances thereto, constructed by or under Declarant or its agents through, along or upon any Lot or any part thereof to serve said Lot or any other portion of the Properties, and the right to maintain, repair, sell, or lease such appurtenances to any municipality to other governmental agency or to any public service corporation or to any other party is hereby expressly reserved in Declarant Section 4. Installation and Maintenance. There is hereby created an easement upon, across, over and under all of the Properties for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including but not limited to, water, sewer, telephones, electricity, gas, and the Broadband Communication System and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service lines, or other utility facilities or appurtenances thereto, on, above, across and under the Properties within the public utility easements from time to time existing and from service on or in any structure. Notwithstanding anything contained in this Section, no sewer, electrical lines, water lines, or other utilities or appurtenances thereto may be installed or relocated on the Properties until approved by Declarant. Section 5. Emergengy and Service Vehicles. An easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles, and to garbage and trash collection vehicles, postal service employees and vehicles, and other service vehicles to enter upon the Properties in the performance of their duties. Section 6. Surface Area. The surface of casement areas for underground utility services may be used for planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier of any utility or service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation or repair of any facility in any such easement area. Further, neither the Declarant nor any supplier of any utility or service using any easement area shall be liable to any Owner or to the Association for any damage done by them, or either of them, or their respective agents, employees, servants or assigns, to any sidewalks, driveways, fences, walls or any other object occupying any such easement or any portion thereof; as a result of any activity relating to the construction, maintenance or repair of any facility in any such easement area. ARTICLE III Property Subject to this Declaration Section 1. Description. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is all of The Villas of Hogan's Glen being acres, approximately, out of the Survey, Abstract , according to the Subdivision Plat thereof recorded in Cabinet Page of the Plat Records of Denton County, Texas (or any subsequently recorded plat thereof). Section 2. Mineral Exception. There is hereby excepted from the Properties, and Declarant will hereafter except from all sales and conveyances of the Properties, or any part thereof, including the Lots and Common Properties, all oil, gas, and other minerals in, on, and under the Properties, but Declarant hereby waives, and will The Villas ofHogan's Glen 4 Covenants & Restrictions 7124196 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 Villas of Hogan's Glen Subdivision and all or portions of other subdivisions being or to be developed by Declarant or affiliated or subsidiary entities). Any additions authorized under this and the succeeding subsection, shall be made by filing of record a Supplemental Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration of such property. Such Supplemental Declaration must impose an annual maintenance charge assessment on the property covered thereby on a uniform, per Lot basis, substantially equivalent to the maintenance charge and assessment unposed hereby (which may be related to Lots or Living Units, as appropriate), and may contain such complementary additions and/or modifications of the covenants and restrictions contained herein as may be applicable to the additional lands. Depcnding on the manner in which such additional lands are developed ultimately, the services provided by the Association which relate to the several sections (or portions thereof) in The Subdivision make use of the Common Property and Common Facilities in The Subdivision to such additional lands and the Owners therein, may approve Supplemental Declarations providing for maintenance charges and assessments on such additional lands which differ in amount, basis or method of computation from that provided for in this Declaration or other Supplemental Declarations. (b) Other Additions. Upon the approval of the Board of Trustees of the Association, in its sole discretion, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association may file of record a Supplemental Declaration of Covenants and Restrictions. upon the satisfaction of the conditions specified in subsection (a) above. (c) Mergers. Upon a merger or consolidation of the Association with another association, the Association's properties, rights, and obligations may be transferred to another surviving or consolidated association or, alternatively, the properties, rights, and obligations of another association may be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants and restrictions applicable to the properties of the merging or consolidating associations as one scheme. No such merger or consolidation, .however, shall effect any revocation, change or addition to the covenants established by this Declaration or any Supplemental Declaration. ARTICLE IV The Association Section 1. Organization. The Association shall be the Homeowners Association. Section 2. Purpose. The purpose of the Association in general is to provide for and promote the health, safety, and welfare of the Members, to collect the annual maintenance charges and to administer the Maintenance Fund, to provide for the maintenance, repair, preservation, upkeep, and protection of the Common Properties and Common Facilities in The Subdivision and such other purposes as are stated in the Articles of Incorporation consistent with the provisions of this Declaration and all Supplemental Declarations. Section 3. Trustees. The Association shall act through a three (3) member Board of Trustees, which shall manage the affairs of the Association. The Villas ofHogan's Glen 5 Covenants & Restrictions 7/29196 Section 4. Members. Each Owner, whether one or more persons or entities, of a Lot or a Living Unit in The Subdivision shall, upon and by virtue of becoming such Owner, automatically become a Member of the Association and shall remain a Member thereof until his ownership ceases for any reason, at which time his membership in the Association shall automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the legal ownership of each Lot or Living Unit and may not be separated from such ownership. Whenever the legal ownership of any Lot or Living Unit passes from one person to another, by whatever means, it shall not be necessary that any instrument provide for transfer of membership in the Association, and no certificate of membership will be issued. Section 5. Voting Rights, The Association shall have one class of voting membership: Members shall be all the Members of the Association. Members shall be entitled to one vote for each Lot or Living Unit in The Subdivision in which they hold the interest required for membership by this Declaration or any Supplemental Declaration. When more than one person holds such interest or interests in any such Lot or Living Unit, all such persons shall be Members, and the vote for such Lot or Living Units shall be exercised as they among themselves determine, but, in no event, shall more than one vote be cast with respect to any such Lot or Living Unit. ARTICLE V Property Rights in the Common Properties and Common Facilities Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 2, of this Article V, every Member shall have a common right and easement of enjoyment in and to the Common Properties and Common Facilities in The Subdivision, and such right and easement shall be appurtenant to and shall pass with the title to each Lot or Living Unit in The Subdivisions. Section 2. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association, in its discretion, to charge reasonable admission and other fees for the use or maintenance of the Common Facilities, and to make, publish, and enforce reasonable rules and regulations governing the use and enjoyment of the Common Properties and Common Facilities or any part thereof, all of which reasonable rules and regulations shall be binding upon, complied with, and observed by each Member. These rules and regulations may include provisions to govern and control the use of such Common Properties and Common Facilities by guests or invitees of the Members, including, without limitation, the number of guests or invitees who may use such Common Properties and Common Facilities or any part thereof at the same time; and (b) The right of the Association to grant or dedicate easements in, on, under or above such Common Properties or any part thereof to any public or governmental agency or authority or to any utility company for any service to The Subdivision or any part thereof, and (c) The right of the Association to enter management and/or operating contracts or agreements relative to the maintenance and operation of such Common Properties and Common Facilities in such instances and on such terms as its Board of Trustees may deem appropriate; the right of the Association to operate recreational facilities and related concessions located on such Common Properties; the right on the Association to enter lease agreements or concession agreements granting leasehold, concession, or other operating rights relative to Common Facilities in such instances and on such terms as its Board of Trustees may deem appropriate; and (d) The right of the Association to suspend the voting rights of a Member of his right to use any recreational Common Facility during the period he is in default in excess of thirty (30) days in the payment of any maintenance charge assessment against his Lot or Living Unit; and to suspend such rights for a period not to exceed sixty (60) days for an infractions of its published rules and regulations; and the aforesaid rights of the Association shall not be exclusive, but shall be cumulative of and in addition to all other rights and remedies which the Association may have in this Declaration and all Supplemental Declarations or in its Bylaws or at law or in equity on account of any such default or infraction; and Ile Villas ofHogan's Glen 6 Covenants & Restrictions 7124196 (e) The rights and casements existing, herein created or hereafter created in favor of others, as provided for in Article 11 hereof, and in this Declaration and all Supplemental Declarations; and (f) The restrictions as to use of the Common Properties provided for in Article lX 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 mariner. ARTICLE VI Assessments and Charges A. Annual Assessments Section 1. The Maintenance Fund. All funds collected by the Association from the regular maintenance charges provided for in this Article, together with all funds collected by the Association from the regular annual maintenance charges imposed on the Lots and Living Units in The Subdivision by this Declaration and all Supplemental Declarations, shall constitute and be known as the `Maintenance Fund." The Maintenance Fund shall be held, used, and expended by the Association for the common benefit of all Members for, among others, the following purposes, to -wit: to promote the health, safety, recreation, and welfare of the Members, including, without limitation, the installation, construction, erection, and relocation of improvements related to the enhancement and beautification of the Common Properties and Common Facilities in the Subdivision, and any other areas provided by this Declaration or any Supplemental Declaration to be developed or maintained by the Association, such as streets, shrubbery, trees, walkways, and the mowing and general maintenance of vacant Lots in the Subdivision, and the construction, repair, maintenance and replacement of properties, services, improvements and facilities devoted to such purposes and related to the use and enjoyment of The Subdivision by the Members. In the event Declarant shall designate Common Facilities for the use and benefit of all the Owners in The Subdivision which are situated on property owned by Declarant (or affiliated or subsidiary entities) but which then has not been brought within the scheme of this Declaration, the Association shall have the right and authority to allocate and expend such amounts from the Maintenance Fund for construction, repair, maintenance, upkeep, beautification, improvement or replacement of such Common Facilities as its Board of Trustees shall determine, in its sole discretion. Further, if all or any such Common Facilities situated on property then not subject to the scheme of this Declaration also are for the use and benefit of persons or entities other than the Owners in The Subdivision, the Association shall have the right and authority to enter agreements with other persons or entities enjoying the use and benefit of such Common Facilities (or their designee), in such instances and on such terms as its Board of Trustees may deem appropriate and acceptable, obligating the Association to contribute, from the Maintenance Fund, a ratable portion of the amounts necessary from time to time to provide for the construction, repair, maintenance, upkeep, beautification, improvement or replacement of such Common Facilities, and providing for other agreements relative to the use and enjoyment of such Common Facilities (including Iimitations on the extent of the use and enjoyment thereof) by the various persons and entities entitled thereto. The Association may, in its sole discretion, give one or more of the purposes set forth in this Section 1 preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Board of Trustees of the Association in good faith shall be binding and conclusive on all Members. In the event Declarant shall operate any Common Facility in The Subdivision, or such Common Facility shall be operated by others on behalf of Declarant under agreement authorized hereby, and the actual proceeds The Villas ofHogan's Glen 7 Covenants & Reslriclions 7124196 realized by Declarant from such operation shall be less than the actual costs incurred by Declarant in connection with operating and maintaining any such Common Facility, Declarant shall be entitled to be reimbursed from the Maintenance Fund for all costs actually incurred by Declarant in maintaining and operating such Common Facility in excess of the actual proceeds realized by Declarant from such operation, as such costs are incurred, to the extent that the balance of the Maintenance Fund from time to time existing exceeds the amount then designated by the Board of Trustees of the Association in good faith to be the minimum amount necessary to accomplish the maintenance functions of the Association. Further, Declarant shall be entitled to be reimbursed from the Maintenance Fund for all ad valorem taxes and other assessments in the nature of property taxes fairly allocable to the Common Properties and Common Facilities and accrued subsequent to the recordation of The Declaration, and prior to the date on which title to such Common Properties and prior to the date on which title to such Common Properties and Common Facilities is conveyed to the Association by Declarant, which have been actually paid by Declarant. Section 2. Covenant for Assessments and Creation of Lien. Subject to the provisions set forth in Sections 3. and 4. relating to the rate at which the maintenance charge and assessment imposed herein shall be paid on unimproved Lots, each and every Lot in the Properties is hereby severally subjected to and impressed with a regular annual maintenance charge or assessment in the amount of ($ } per annum per Lot (herein sometimes referred to as the `full maintenance charge) which assessment shall affect and run with the Iand, subject to increase and decrease and payable as provided in Section 5. below. Each Owner of a Lot, by his claim or assertion of ownership or by accepting a deed to any such Lot, whether or not it shall be so expressed in such deed, is hereby conclusively deemed to covenant and agree, as a covenant running with the land, to pay to the Association, its successors or assigns, each and all of the charges and assessments against his Lot and/or assessed against him by virtue of his ownership thereof as the same shall become due and payable, without demand. The charges and assessments herein provided for and assessed, together with those hereafter assessed, shall be a charge and a continuing lien, which such lien is hereby created and imposed, upon each Lot, together with all improvements thereon, as hereinafter more particularly stated. Each assessment, together with the interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the obligation to pay such assessment accrued, but no Member shall be personally liable for the payment of any assessment made or becoming due and payable after his ownership ceases. No Member shall be exempt or excused from paying any such charge or assessment by waiver of the use or enjoyment of the Common Properties and Common Facilities, or any part thereof, or by abandonment of his Lot or his interest therein. The liens hereby created and imposed shall be valid, subsisting and continuing, and shall maintain for so Iong as this Declaration and all Supplemental Declarations continue in effect, unless modified or amended in accordance herewith, notwithstanding the fact that at one or more times during the existence of this Declaration there may be no amount(s) due the Association, as it is the intention hereof that assessments shall arise annually and that same shall constitute present or future indebtedness, all of which shall be secured by the lien created hereby. Section 3. Unimproved Lots Owned by Declarant or Builders. Declarant and builders shall pay ten percent (10%) of the then existing full maintenance charge assessment for each Lot owned by them, unless and until a residential structure has been built thereon and six (6) months have elapsed since the substantial completion of such residence, or the residence has been permitted to be occupied, whichever occurs first. Thereafter, commencing on the first day of the next succeeding calendar month, the full maintenance charge then assessed shall become applicable. If the annual maintenance charge on such Lot has been prepaid at ten percent (10%) of the full maintenance charge then assessed for the portion of the calendar year remaining after the full maintenance charge becomes applicable to such Lot, as herein provided, the then Owner of such Lot shall be obligated to pay to the Association, on the date the full maintenance charge becomes applicable, as herein provided, that prorata portion of ninety percent (901/4) of such full maintenance charge as the number of full calendar months remaining in such calendar year bears to twelve (12). It shall be the duty of each builder to notify the Association at the time a residence has been substantially completed or permitted to be occupied. The term `§ubstantial completion" as used herein shall mean that the residence is ready for occupancy, except for minor items which must be furnished, completed, corrected or adjusted. The term `builder"for the purpose of this Declaration is defined as any person, firm, corporation, or other entity who is engaged in the business of building residential structures for sale or rental purposes, and not for his or its personal use or occupancy. Section 4. Unimproved Lots Owned by Owners Other Than Declarant and Builders. Owners of unimproved Lots other than Declarant and builder shall pay fifty percent (501/6) of the then existing full The Villas of Hogan's Glen S Covenants & Restrictions 7124196 maintenance charge assessment for each Lot owned by them until a residential structure has been completed thereon and has been occupied. Thereafter, commencing on the first day of the next succeeding calendar month, the full maintenance charge then assessed shall become applicable. If the annual maintenance charge on such Lot has been prepaid at fifty percent (50°/n) of the full maintenance charge then assessed for the portion of the calendar year remaining after the full maintenance charge becomes applicable, as herein provided, that prorata portion of fifty percent (50%) of the full maintenance charge then assessed, which shall bear the same ratio to fifty percent (50%) of such full maintenance charge as the number of full calendar months remaining in such calendar year bears to twelve (12). It shall be the duty of each such Owner to notify the Association at the time such residential structure has been completed and occupied. Section 5. The Annual Maintenance _Chah roe. The annual maintenance charge assessments provided for herein shall be payable on the date (which shall be the first day of a month) fixed by the Board of Trustees and shall be for the balance of the calendar year in which it is due, or shall be payable in equal monthly installments over the balance of the year, at the election of the Board of Trustees of the Association. The assessments for each calendar year after the first assessment year shall be due and payable to the Association in advance on January 1st each year, or in twelve (12) equal monthly installments over such year, at the election of the Board of Trustees of the Association. Provided, however, that, upon the purchase of his Lot (as evidenced by the date of his term Contract of Sale or Deed, or his occupancy, whichever is earlier), each Member shall be obligated to pay to the Association a prorata part of the applicable percentage (as determined pursuant to the terms hereof) of the regular annual maintenance charge assessed on such Lot, which shall bear the same ratio to the applicable percentage of the full remaining in the year of purchase bears twelve (12), and which shall be payable in full upon such purchase or in equal monthly installments over the. balance of the year of purchase, as the Board of Trustees of the Association may elect. The Board of Trustees of the Association may decrease or increase the amount of the annual maintenance charge of assessment provided for herein at any time and from time to time by the adoption of a resolution for such purpose, but no resolution increasing the annual maintenance charge assessment shall become effective prior to the expiration of ninety (90) days from date of its adoption. The Owner of each Lot shall, within thirty (30) days from such effective date, pay to the Association the proportionate part of such increase for the balance of the year in which such resolution is adopted; provided, however, that no resolution of the Board of Trustees which fixes the amount of the annual maintenance charge or assessment in excess of SIX HUNDRED AND N01100 DOLLARS ($600.00) per year, shall become effective unless and until such resolution is ratified either (i) by the written assent of the Members of the Association who in the aggregate then own at least filly -one percent (5I°/a) of the Lots and Living Units in The Subdivision if no ineeting of the membership is held for ratification, or (ii) by the assent of fifty-one (51°/6) of the votes of the Members of the Association who are present and voting in person or by proxy at a special meeting of the membership of the Association called for this purpose and at which a quorum is present. The written assent or the vote of the Members must be given prior to the effective date of such resolution of the Board of Trustees. No increase in the annual maintenance charge of assessment shall take effect retroactively. If any resolution of the Board of Trustees which requires ratification by the assent of the Members of the Association as above provided shall fail to receive such assent, then the amount of the regular annual maintenance charge or assessment last in effect shall continue in effect until duly changed in accordance with the above provisions. The Board of Trustees may decrease the amount of the annual maintenance charge of assessment without ratification by or assent of the Members of the Association. Section 6. Quorum for any Action Authorized Under Section 5. The quorum required for any action authorized by Section 5. hereof shall be as follows: At the first meeting called, as provided in Section 5. hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called and the required quorum at any such subsequent meeting shall be one-half (%) the required quorum at the preceding meeting, provided that such reduced quorum requirement shall not be applicable to any such subsequent meeting held more than sixty (60) days following the preceding meeting. Section 7. Setting Commencement and Notice of Assessments. The Board of Trustees of the Association shall fix the date of commencement and the amount of the assessment against each Lot or Owner for each The Villas ofHagan's Glen 9 Covenants & Restrictions 7124196 assessment period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be sent to every Owner subject thereto. The Association, shall, upon demand at any time, furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8. Liens to Secure Assessments. The annual maintenance charges or assessments, as hereinabove provided for, shall constitute and be secured by the separate, valid and subsisting lien, hereinabove created and fixed, and which shall exist upon and against each Lot and Living Unit and all improvements thereon, for the benefit of the Association and all Members. Subject to the condition that the Association be made a party to any Court proceeding to enforce any lien hereinafter deemed to be superior, the lien hereby created shall be subordinate and inferior to: (a) all liens for taxes or special assessments 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 liens, including, but not limited to, vendor's liens, deeds of trust, and other security instruments which secure any loan made by a lender to an Owner for any part of the purchase price of any Lot when the same is purchased from a builder or for any part of the cost of constructing, repairing, adding to, or remodeling the residence and appurtenances situated on any Lot to be utilized for residential purposes. Any foreclosure of any such superior lien under the power of sale of any mortgage, deed of trust, or other security instrument, or through Court proceedings in which the Association has been made a party, shall cut off and extinguish the liens securing maintenance charges or assessments which became due and payable prior to such foreclosure date, but no such foreclosures shall free any Lot from the liens securing assessments thereafter become due and payable, nor shall the liability of any Member personally obligated to pay maintenance charges or assessments which become due prior to such foreclosure, be extinguished by a foreclosure. Section 9. Effect of Non -Payment of Assessment. If any annual maintenance charge of assessment is not paid within thirty (30) days from the due date thereof, the same shall bear interest from the due date until paid at the highest interest rate allowed under the laws of the State of Texas, and, if placed in the hands of an attorney for collection or if suit is brought thereon or if collected through probate or other judicial proceedings, there shall be paid to the Association an additional reasonable amount, but not less than ten percent (10%) of the amount owing, as attorneys fees. The Association, as a common expense of all Members, may institute and maintain an action at law or in equity against any defaulting Member to enforce collection and/or for foreclosure of the liens against his Lot. All such actions may be instituted and brought in the name of the Association and may be maintained and prosecuted by the Association in a like manner as an action to foreclose the lien of a mortgage or deed of trust on real property. Section 10. Collection and Enforcement. Each Member, by his assertion of title or claim of ownership or by his acceptance of a deed to a Lot or Living Unit, whether or not it shall be so recited in such deed, shall be conclusively deemed to have expressly vested in the Association, and in its officers and agents, the right, power and authority to take all action which the Association shall deem proper for the collection of assessments and/or for the enforcement and foreclosure of the liens securing the same. B. Utility Standby Charge No utility standby charge shall be due on Lots owned by the Declarant. The Villas of Hogan's Glen 10 Covenants & Restrictions 7124195 ARTICLE VII Architectural Control Committee; Architectural and Construction Control Section 1. Architectural Control Committee, The Architectural Control Committee, hereinafter called "the Architectural Control Committee" shall be composed of three (3) or more individuals selected and appointed by Declarant. The Committee shall function as a representative of the Owners of the Lots for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential development. The Committee shall use its best efforts to promote and ensure a high level of quality, harmony and conformity throughout the properties. A majority of the Committee Members may act on behalf of entire Committee. In the event of the death or resignation of any Committee Member, the remaining Committee Members shall have full authority to designate and appoint a successor. Each Committee Members shall neither be entitled to any compensation for service performed hereunder nor be Iiable for claims, causes of action or damages (except where occasion by gross negligence or arbitrary and capricious conduct) arising out of service performed pursuant to this Declaration. Section 2. Transfer of Authority to the Association. The duties, rights, powers and authority of the Architectural Control Committee constituted hereby maybe assigned at any time, at the sole election of a majority of the Committee Members, to the Board of Trustees of the Association, and from and after the date of such assignment, and the acceptance thereof by such Trustees, the Board of Trustees of the Association shall have full right, authority and power, and shall be obligated, to perform the functions of the Architectural Control Committee as provided herein, including the right to designate a representative or representatives to act for it Section 3. Minimum Construction Standards. The Architectural Control Committee may from gime to time promulgate architectural standard bulletins ("Standard Bulletins") which shall be fair, reasonable and uniformly if applied thereafter, and shall carry forward the intention of this Declaration. Standard Bulletins shall cover minimum acceptable construction standard and specifications (including, without limitation, a limited number of acceptable exterior materials and/or finishes), which shall constitute guidelines only and shall not be binding upon the Architectural Control Committee or in any manner determinative of the approval or disapproval by such Committee of submitted plans and specifications. The Standard Bulletins shall supplement the Declaration and are incorporated herein by reference. Section 4. Approval of Plans (a) No building, structure, fence, wall, or other improvements shall be commenced, erected, constructed, placed or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the detailed plans and specifications therefore shall have been submitted to and approved in writing as to compliance with minimum structural and mechanical standards, slab evaluation, location and situation on the Lot, and as to harmony of external design or location in relation to property lines, building lines, easements, grades, surrounding structures, walks, and topography (including the orientation of the front and rear of any such building with respect to the Lot lines), by the Architectuual Control Committee constituted as provided herein. Each application made to the Architectural Control Committee for the approval required hereby shall be accompanied by two (2) sets of plans and specifications which shall specify, in such form as the Architectural Control Committee may reasonably require, structural, mechanical, electrical, and plumbing detail and the nature, kind, shape, height, exterior color scheme, materials to be incorporated into, and location of the proposed improvements or alterations thereto, the location of all driveways and curb cuts, and the compliance of the drainage of said Lot with the overall planned drainage of the Properties as developed and pronounced by Declarant. In the event said Architectural Control Committee fails to approve or disapprove such plans and specifications with thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and the provisions of the Section will be deemed to have been fully complied with, provided, however, that the failure of the Architectural Control Committee to approve or disapprove such plans and specifications within such thirty (30) day period shall not operate to permit any structure to be commenced, erected, placed, constructed or maintained on any Lot in the Properties in a manner inconsistent with any provision of this Declaration. Without limitation of the powers herein granted, the Architectural Control Committee shall have the right to specify a limited number of acceptable exterior materials and/or finishes that may be used in the construction, alteration and repair of any improvement on any Lot. The Villas of Hogan's Glen t f Covenants & Restrictions 7/24/96 The Architectural Control Committee also shall have full power and authority to reject any plans and specifications that do not comply with the restrictions herein imposed to meet its minimum construction requirements or architectural design requirements that might not be compatible, in the sole discretion of the Architectural Control Committee, with the design or overall character and aesthetics of the Properties. (b) The Architectural Control Committee shall have the power and authority to alter and amend requirements as to design of buildings and materials to be used in the construction thereof for any Lot or Lots, provided that such authority shall be exercised for the purpose of harmonizing and making aesthetically attractive The Properties or the portion of The Properties in which the Lots so affected are located, as such matters may be determined in the goad faith judgment of the Architectural Control Committee. (c) The Architectural Control Committee or its duly appointed agent or designee may enter upon and inspect any Lot and any Improvements or structures being constructed thereon, and the drainage of the Lot in relation to the remainder of the Properties at any time during the construction thereof to ascertain whether any such improvements or structures are being constructed in such a manner so as to (i) fully comply with the provisions of the Declaration and any minimum construction or design requirements imposed by the Architectural Control Committee, and (ii) comply in all material respects to the plans and specifications previously approved by the Architectural Control Committee. Each and every Owner by acceptance of conveyance of the applicable Lot shall be deemed to have granted to the Architectural Control Conunittee and its appointed agent or designee an easement across said Lot to enable the inspection authorized hereby. (d) If any structure shall be erected, placed or maintained or if any improvement shall be made on any Lot other than in accordance with plans and specifications approved by the Architectural Control Committee, such structure or improvement shall constitute a violation. In the event such violation is not cured within a reasonable period of time, the Architectural Control Committee shall have the right to take necessary action provided by law to cause same to be cured. The costs of any such successful action shall be borne by the Owner. Section S. Slab Elevation Certification. The Architectural Control Committee shall additionally have the power to set minimum slab elevations for any Lot within the Properties. In connection therewith, each affected Owner shall submit to the Architectural Control Committee, prior to commencement of the construction or erection of any residential structure, attached garage or other attached appurtenance thereto on any Loi, together with the plans and specifications and other data herein required, a certificate from a registered professional engineer (or such other authority as shall be acceptable to the Architectural Control Committee) certifying, in such form as may be required by the Architectural Control Committee, the elevation above mean sea level of the top of the finished slab (or finished beam, if a pier and beam foundation is utilized) for all portions of such residential structure, attached garage or other attached appurtenance relative to and based an such submitted plans and specifications and the proposed location of such structure on the Lot. Section 7. Construction Requirements. (a) Only new construction materials (except for used brick) shall be used and utilized in constructing any structure situated on a Lot, unless the Architectural Control Committee shall expressly approve in writing the proposed use of used construction materials. The exterior materials of all residential structures on all Lots shall be of brick, stone or stucco, or, if the express prior written consent of the Architectural Control Committee is obtained, cedar, redwood, pine, spruce, cypress or other wood materials; however, no exterior construction shall be of less than 314 inch thick materials, and the use of plywood, aluminum or metal siding is prohibited. (b) All exterior construction of the primary residential structure, garage, porches, and any other appurtenances or appendages of every kind and character on any Lot and all interior construction (including, but not limited to, all electrical outlets in place and functional, all plumbing fixtures installed and operational, all cabinet work completed, all interior walls, ceilings, and doors completed and covered by paint, wallpaper, paneling, or the like, and all floors covered by wood, carpet, tile or other similar floor covering) 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 foundation forms are set. The Villas of Iiogan's Glen 12 Covenants & Restrictions 7/24/96 (c) A concrete sidewalk four (4) feet wide shall be constructed from the street adjacent to the front of each Lot to the front of the residential structure to be situated thereon. The plans for each residential building on each Lot shall include plans and specifications for such required sidewalk and any other proposed sidewalk_ Such required sidewalk and other approved sidewalks, if any, shall be constructed and completed before the main residence is occupied. A sidewalk may connect to a driveway in lieu of the adjacent street. ARTICLE VIII Building and Use Restrictions Section 1. Residence Building and Garages. No building or other structure shall be built, placed, constructed, reconstructed, or altered on any Lot other than a single family residence, with appurtenances incident to single family use, including, without limitation, bona fide servants' quarters, and no structure shall be occupied or used until the exterior construction therefore is completed. Each single family residence situated on a Lot shall have an enclosed, attached or detached garage for not less than two (2) nor 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 more than two (2) stories. No carport shall be built, placed, constructed or reconstructed on any Lot The ground floor of any garage shall never be changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles. All Owners, their families, tenants and contract purchasers shall, to the greatest extent practicable, utilize such garages for the garaging of vehicles belonging to them. Garage doors shall be kept closed at all times except during periods of use. After nightfall, garage doors shall be kept closed except during periods of ingress and egress. Section 2. Single Family Residential Use. Each Lot (including land and improvements) shall be used and occupied for single family residential purposes only. No Owner or other occupant shall use or occupy his Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single family residence for the Owner or his tenant and their families and domestic servants employed on the premises. As used herein the term "single family residential purposes" shall be deemed to prohibit specifically, but without limitation, 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 seven thousand two hundred (7,200) square feet of land. Provided, however, Declarant shall have and reserves the right, at any time to file a replat of the Subdivision Plat or Plats to effect a resubdivided or configuration of any Lots in the Properties then owned by Declarant, so long as such results in each resubdivided Lot containing not less than seven thousand two hundred (7,200) square feet of land. The privilege to replat Lots in The Properties owned by Declarant reserved in this Section 3. shall be exercisable only by Declarant or any successor or Declarant's ownership of such Lots who acquires such ownership other than by purchase, and such privilege shall not be exercisable by, inure to the benefit of, or be assignable to any purchaser from Declarant or from any successor or assign of Declarant, of any Lot in The Properties. Section 4. Combining Lots. Any such consolidation shall be permitted within the Town's rules and regulations. Section 5. Size of Residences. No residential structure erected on any Lot shall have more than two and half (2 112) stories. No residential structure with a net living area of less than 2,500 square feet exclusive of the area of attached garages, porches, servant's quarters, or other appurtenances or appendages, shall be erected on any Lot. Section 6. BuildinK Location. No structure shall be located on any Lot between any building setback line shown on or provided for in the Subdivision Plats and the street or Lot line to which such building setback line is applicable. No building shall be located nearer than ten (10) feet to one interior Lot line and zero (0) feet on the opposite interior Lot line. No main residential stricture shall be located on any Lot nearer than ten (10) feet to any rear Lot line. Unless otherwise approved in writing by the Architectural Control Committee, each main residence shall face the front Lot line of the Lot upon which it is situated. Each garage shall be provided with a driveway no Villas of Hogan's Glen 13 Covenants & Restrictions 7/24136 access from the front of the Lot upon which it is situated; provided that, in the sale discretion of the Architectural Control Committee, such access may be from the front or side of corner Lots; and further provided that no garage or other permitted accessory building on any Lot shall open toward or have access from the direction of the rear Lot lines of the Golf Course. All garage doors shall be equipped with an automatic garage door closer (which the owner shall maintain in a functional condition), and each Owner shall be obligated to keep his garage door and/or doors closed at all times, except at time of entry or exit from the garage facility. For the purpose of this subsection, eaves, steps and open porches shall not be considered as a part of the building; provided, however, that the foregoing shall not be construed to permit any position of a building on any Lot to encroach upon another Lot or any drainage or utility easement. With respect to Golf Course Lots, no building, patio, deck, terrace or other similar open porch, swimming pool, or structure of any kind, artificially surfaced area shall be located nearer than ten (10) feet from the rear Lot line (or any other interior Lot fine which abuts and parallels any portion of the Golf Course). Unless otherwise approved in writing by the Architectural Control Committee, each main residence building will face the front of the Lot, and each detached garage will be located at least fifty (50) feet from the front of the Lot on which it is situated, and each garage (whether attached or detached) will be provided with a driveway access from the front of the Lot; provided that such access may be from the front or side of corner Lots. Section 7. Air Conditioners. No window or wall type air conditioners shall be permitted to be used, placed or maintained on or in any building in any part of The Properties. Section 8. Garbage Disnosal. Each kitchen in each residential structure on any Lot shall be equipped with a garbage disposal unit, which garbage disposal shall at all times be kept in an operational condition. Section 9. Roofing. The approved roofing material shall be clay tile, or fiberglass shingles with a minimum weight of 300 pounds per square. Use of any other roofing material requires written approval from the Architectural Control Committee and the Town of Trophy Club. The use of any roofing materials in the predominant color of white is expressly prohibited. Section 10. Prohibition Against Aluminum Windows. No gray aluminum (mill finish) windows shall be used in the construction of any dwelling or other building on any portion of The Properties unless specifically authorized in writing by the Architectural Control Committee. Section 11. Antennas, etc. No electronic antenna or device of any type, including any type or form of satellite dish, other than one antenna for receiving television signals, FM signals and/or citizen's band signals larger than 18" high or 18" diameter shall be erected, constructed, placed or permitted to remain on any other Lots, residences thereon or other permitted buildings constructed in The Properties. The permitted antenna may be attached to the residential structure; however, the antenna's location shall be restricted so as to be hidden from sight, when viewed from any street or the Golf Course. Section 12. Walls, Fences and Hedges. No walls, fences or hedges shall be erected or maintained nearer to the front Lot line than the front wall of the structure situated on such Lot. All side or rear fences and walls must be at least six (6) feet in height, unless otherwise approved in writing by the Architectural Control Committee. Fences on Golf Course Lots (along or adjacent to and basically parallel to the rear Lot lines of the Golf Course Lots) shall be (i) constructed of see through ornamental iron and be six (6) feet in height or less. No wood fence shall be visible from the street. No chain link fences shall be permitted. Ownership of any wall, fence or hedge erected on a Lot by Declarant (and the right to erect any such wall, fence or hedge for such purpose is hereby reserved in favor of Declarant, its successors and assigns) shall pass with title to such Lot and it shall be the Owner's responsibility to maintain said wall thereafter. In the event of default on the part of the Owner of any Lot in maintaining said wall, and such default continuing after ten (10) days written notice thereof, Declarant, its successors or assigns may, at its option, without liability to the Owner or occupant in trespass or otherwise, enter upon said Lot and cause said protective screening to be repaired or maintained or to take any other action necessary to secure compliance with this Declaration, and place said wall in a satisfactory condition, and may charge the Owner or occupant of such Lot for the cost of such work by submitting The Villas of Hagan's Glen 14 Covenants & Restrictions 7129196 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 (101/0) per annum and reasonable costs of collection, shall be a charge and continuing lien upon such Lot, as well as the continuing personal obligation of the Owner of such Lot at the time such charge is incurred. The lien securing such charge shall be second, subordinate and inferior to all liens, present and future, given, granted and created by or at the instance or request of the Owner of any such Lot to secure the payment of monies advanced on account of the purchase price and/or 'improvement of any such Lot. Section 13. Temporary and Other Structures. No structure of a temporary character, no trailer, mobile, modular or prefabricated home, tent, shack, barn, or any other than structure or building other than the residence to be built thereon in accordance herewith, shall be placed on any Lot, either temporarily or permanently, and no residence house, garage or other structure appurtenant thereto shall be moved upon any Lot from another location; except, however, that Declarant reserves the exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain, such facilities in and upon the The Properties as in its sole discretion may be necessary or convenient during the period of and in connection with the sale of Lots, construction and selling or residences and constructing other improvements in the Properties. Such facilities may include, but not necessarily be limited to, a temporary and sales office. Declarant and builders shall also have the temporary right to use a residence situated on a Lot as a temporary office or model home during the period of and in connection with construction and sales operations in the Properties, but in no event shall a builder have such right for a period in excess of one (1) year from the date of substantial completion of his last residence in the Properties. Section 14. Driveways and Culverts. Each Lot must be accessible to an adjoining street by a driveway suitable for such purposes before the residential structure located on any such Lot may be occupied or used. No Owner may block any drainage channel (including road ditches). The specifications for and construction of all drain tiles or culverts, whether to be installed in connection with a driveway or otherwise, must be approved by the Architectural Control Committee. Driveways shall be entirely of concrete and shall be constructed with expansion joints not more than twenty feet apart, with one joint at the back of the street curb. The width of each driveway shall flair and the curb shall be cut in such a manner that the driveway shall be a least six (6) inches thick at its end toward the street paving, and this extreme shall be poured against a horizontal form board to reduce the unsightly appearance of a raveling driveway. Driveway surface to be exposed aggregate or stamped and colored concrete. Section 15. Landscaping. Before any landscaping shall be done in the front of any newly constructed residential structure, the landscape layout and plans must be first approved by the Architectural Control Committee. Such landscaping is to be done in the parkway area and on the front of the Lot at the time the residential structure is being completed and before occupancy. All to include sprinkler system and fully sodded. Section 16. Exterior Chimneys. All exterior exposed fireplace structures shall be masonry clad with the same material as the residence. No metal chimney cap shall be allowed without written authorization from the Architectural Control Committee. Section 17. Removal of Dirt The digging of dirt or the removal of any dirt from any Lot or from any portion of the Common Properties is prohibited, except as necessary in conjunction with landscaping or construction of improvements thereon. Section 18. Septic Tanks. No privy, cesspool, or septic tank shall be placed or maintained upon or in any Lot, or any other portion of the Properties. Section 19. Mail Deposit Receptacles. The Architectural Control Committee reserves the right to approve the type, design and installation of any mail delivery boxes or mail deposit receptacles. Section 20. Sins. Except for signs, billboards or other advertising devices displayed by Declarant for so long as Declarant or any successors or assigns of Declarant to whom the rights of Declarant under this Section 5. are expressly transferred, shall own any portion of the Properties, no sign of any kind shall be displayed to the public view on any Lot or the Common Properties except: The Villas of Hogan's Glen 15 Covenants & Restrictions 7/24196 (a) Builders may display one (1) sign of not more than five (5) square feet on a Lot to advertise the Lot and residential structure situated thereon for sale during the sales and/or construction period; and (b) Any Owner may display one (1) sign of not more than five (5) square feet on a Lot improved with a residential structure to advertise the Lot and residence for sale or rent. Section 21. Nuisance. No noxious or offensive activity shall be carried on or permitted upon any Lot or upon the Common Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or to other Owners. The Board of Trustees of the Association shall have the sole and exclusive discretion to determine what constitutes a nuisance or annoyance. No trucks larger than three-quarters of a ton, motor vehicle not currently licensed, boats, trailers, campers, motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed garage, or on any street, except passenger cars and trucks smaller than three-quarters of a ton may be parked on the street in front of the Lot for a period not to exceed twelve (12) hours in any twenty-four (24) hour period. No repair work, dismantling, or assembling of motor vehicles or other machinery or equipment shall be done or permitted on any Lot (except inside a closed garage), street, or any portion of the Common Properties. The use of discharge of firearms, airguns, bows and arrows, or any other device or instrument capable of injuring or killing, firecrackers, or other fireworks in the Properties is prohibited. No motor bikes, motorcycles, motor scooters, "go-carts", or other similar vehicles shall be permitted to be operated in the Properties, if, in the sole judgement of the Board of Trustees of the Association, such operation, by reason of noise or fumes emitted, or by reason of mariner of use, shall constitute a nuisance. Section 22. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or on any portion of the Common Properties, except that dogs, cats, or other common household pets (not to exceed three (3) adult animals) may be kept, but they shall not be bread or kept for commercial purposes. Any dogs, cats or other common household pets that may be kept on the premises of any Lot, shall, upon leaving or being taken from said Lot, be restrained in the care, custody and control of the pet's owner by a leash, rope, chain or other device, and shall not be allowed to run loose in the Common Properties, streets, the Golf Course, Lots, or any other areas. Section 23. Garbage and Refuse Storage and Disposal. All Lots and the Common Properties shall at all time be kept in a healthful, sanitary and attractive condition. No Lot, street or any part of the Common Properties shall be used or maintained as a dumping grounds for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers constructed of metal, plastic or masonry materials with tightly -fitting lids, which shall be maintained in a clean and sanitary condition and screened from public view. No Lot shall be used for open storage of any materials whatsoever, which storage is visible from the street, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and maybe maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which these materials shall either be removed from the Lot, or stored in a suitable enclosure on the Lot There is hereby reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be through public authority or through private garbage disposal service. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot In the event of default on the part of the Owner of any Lot in observing the above requirements, or any of them, such default continuing after ten (10) days written notice thereof, Declarant, or its successors and assigns may, at its option, without liability to the Owner in trespass or otherwise, enter upon said Lot and cause to be removed such building materials, garbage, trash and rubbish or do any other thing necessary to secure compliance with this Declaration in order to place said Lot neat, attractive, healthful and sanitary condition, and may assess the Owner of such Lot for the cost of such work, by submitting a statement setting forth the cost of such work to the Owner of such Lot. The Owner agrees by the purchase or occupancy of such Lot to pay such statement immediately upon receipt thereof. Each such assessment, together with interest thereon at the rate of ten percent (101/o) per annum and reasonable costs of collection, shall be a charge and continuing lien upon such Lot, as well as the continuing personal obligation of the Owner of such Lot at the time of such assessment. The lien securing such assessment shall be second, subordinate and inferior to all liens, present and future, given, granted and created by or at the instance or request of the Owner of any such Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or improvement of any such Lot. The Villas ofHogan's Glen 16 Covenants & Restrictions 7124!96 Section 24. Lot Maintenance, The Owners or occupants of all Lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event use any Lot for storage of materials and equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon. The drying of clothes in full public view is prohibited, and the Owners or occupants of any Lots at the intersection of streets or adjacent to parks, playgrounds, the Golf Course, or other facilities where the rear yard or portion of the lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen the following from public view: the drying of clothes, yard equipment, woodpiles or storage piles which are incident to the normal residential requirements of a typical family. In the event of default on the part of the Owner or occupant of any Lot in observing the above requirements, or any of them, such default continuing after ten (10) days written notice thereof, Declarant or its successors and assigns may, at its option, without liability to the Owner or occupant in trespass or otherwise, enter upon said Lot and cause to be cut such weeds and grass or do any other thing necessary to secure compliance with this Declaration in order to place said Lot in a neat, attractive, healthful and sanitary condition, and may charge the Owner or occupant of such Lot for the cost of such work, by submitting a statement setting forth the cost of such work to the Owner or occupant of such Lot The Owner or occupant, as the case may be, agrees by the purchase or occupancy of such Lot to pay such statement immediately upon receipt thereof. Each such assessment, together with interest thereon at the rate of ten percent (10%) per annum and reasonable cost of collection, shall be a charge and continuing lien upon such Lot, as well as the continuing personal obligation of the Owner of such Lot at the time of such assessment. The lien securing such assessment shall be second, subordinate and inferior to all liens, present and future, give, granted and created by or at the instance or request of the Owner of any such Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or improvements of any such lot Section 25. Utilities. Each residence situated on a Lot shall be connected to the water and sewer lines as soon as practicable after same are available at the Lot line. Section 26. Drainage. Neither the Declarant or the Association, or any of their successors or assigns, shall be liable for any loss of use of, or damage done to any shrubbery, trees, flowers, improvements, fences, walks, sidewalks, driveways, or buildings of any type or the contents thereof on any Lot whatsoever in the Subdivision caused by any water levels, rising waters, or drainage waters. No Owner shall do anything to cause or which causes the interruption or alteration of the planned drainage of the Properties as prescribed by Declarant or by anyone acting for Declarant in this particular matter. Section 27. Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot or other portion of the Properties unless the express written consent of the Architectural Control Committee first shall have been obtained. Section 28. Oil Water and Mining Operations. No water well drilling, no oil drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil and natural gas shall be erected, maintained or permitted upon any Lot. Section 29. Use of Common Properties. There shall be no obstruction of any part of the Common Properties, which are intended to remain unobstructed for the reasonable use and enjoyment thereof. No Owner shall appropriate any part of the Common Properties to his exclusive use, nor shall any Owner do anything which would violate the easements, rights, and privileges of any Owner in regard to any portion of the Common Properties which is intended for the common use and benefit of all Owners. Except as may be herein permitted, no Member shall plant, place, fix, install or construct any vegetation, hedge, tree, shrub, fence, wall, structure, or improvements or store any of his personal property on the Common Properties or any part thereof without the written consent of the Association first being obtained. The Association shall have the right to remove anything placed on the Common Properties in violation of the provisions of this Section and to recover the cost of such removal from the Owner responsible, and to have a lien on such Owner's Lot to secure the payment of such cost, all on the same terms and provisions as are set forth in Section 16. next above. The Villas of Hogan's Glen 17 Covenants & Restrictions 7124196 (a) Builders may display one (1) sign of not more than five (5) square feet on a Lot to advertise the Lot and residential structure situated thereon for sale during the sales and/or construction period; and (b) Any Owner may display one (1) sign of not more than five (5) square feet on a Lot improved with a residential structure to advertise the Lot and residence for sale or rent. Section 21. Nuisance. No noxious or offensive activity shall be carried on or permitted upon any Lot or upon the Common Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood or to other Owners. The Board of Trustees of the Association shall have the sole and exclusive discretion to determine what constitutes a nuisance or annoyance. No trucks larger than three-quarters of a ton, motor vehicle not currently licensed, boats, trailers, campers, motor or mobile homes or other vehicles shall be permitted to be parked on any Lot, except in a closed garage, or on any street, except passenger cars and trucks smaller than three-quarters of a ton may be parked on the street in front of the Lot for a period not to exceed. twelve (12) hours in any twenty-four (24) hour period. No repair work, dismantling, or assembling of motor vehicles or other machinery or equipment shall be done or permitted on any Lot (except inside a closed garage), street, or any portion of the Common Properties. The use of discharge of firearms, airguns, bows and arrows, or any other device or instrument capable of injuring or killing, firecrackers, or other fireworks in the Properties is prohibited. No motor bikes, motorcycles, motor scooters, "go-carts", or other similar vehicles shall be permitted to be operated in the Properties, if, in the sole judgement of the Board of Trustees of the Association, such operation, by reason of noise or fumes emitted, or by reason of manner of use, shall constitute a nuisance. Section 22. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot or on any portion of the Common Properties, except that dogs, cats, or other common household pets (not to exceed three (3) adult animals) may be kept, but they shall not be bread or kept for commercial purposes. Any dogs, cats or other common household pets that may be kept on the premises of any Lot, shall, upon leaving or being taken from said Loi, be restrained in the care, custody and control of the pet's owner by a leash, rope, chain or other device, and shall not be allowed to run loose in the Common Properties, streets, the Golf Course, Lots, or any other areas. Section 23, Garbage and Refuse Storage and. Disposal. All Lots and the Common Properties shall at all time be kept in a healthful, sanitary and attractive condition. No Lot, street or any part of the Common Properties shall be used or maintained as a dumping grounds for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers constructed of metal, plastic or masonry materials with tightly -fitting lids, which shall be maintained in a clean and sanitary condition and screened from public view. No Lot shall be used for open storage of any materials whatsoever, which storage is visible from the street, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which these materials shall either be removed from the Lot, or stored in a suitable enclosure on the Lot. There is hereby reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be through public authority or through private garbage disposal service. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. In the event of default on the part of the Owner of any Lot in observing the above requirements, or any of them, such default continuing after ten (10) days written notice thereof, Declarant, or its successors and assigns may, at its option, without liability to the Owner in trespass or otherwise, enter upon said Lot and cause to be removed such building materials, garbage, trash and rubbish or do any other thing necessary to secure compliance with this Declaration in order to place said Lot neat, attractive, healthful and sanitary condition, and may assess the Owner of such Lot for the cost of such work, by submitting a statement setting forth the cost of such work to the Owner of such Lot. The Owner agrees by the purchase or occupancy of such Lot to pay such statement immediately upon receipt thereof. Each such assessment, together with interest thereon at the rate of ten percent (10%) per annum and reasonable costs of collection, shall be a charge and continuing lien upon such Lot, as well as the continuing personal obligation of the Owner of such Lot at the time of such assessment. The lien securing such assessment shall be second, subordinate and inferior to all liens, present and future, given, granted and created by or at the instance or request of the Owner of any such Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or improvement of any such Lot. The Villas ofHogan's Glen 16 Covenants & Restrictions 7124196 Section 30. Exempt Property. Notwithstanding any provisions herein to the contrary, the Common Properties shall not be subject to or burdened by the building and use restrictions set forth in this Article IX, except to the extent same are made specifically applicable to the Common Properties. Section 31. Retaining Walls. Retaining was 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 with the overall appearance of the residential dwelling. No railroads ties or landscape timber retaining walls shall be permitted. Section 32, Wall Surface Above Garage Doors. All wall surface above the garage doors shall be masonry to match the residence. ARTICLE IX General Provisions Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the Owner of any land subject to this Declaration or any Supplemental Declaration, their respective Iegal representatives, heirs, successors and assigns, for an initial term commencing on the effective date hereof and ending December 31, 2020. During such initial term (a) the covenants and restrictions contained in all Articles hereof other than Articles VIII and IX may be changed or terminated only by an instrument signed by the then Owners of not less than ninety percent (901/o) of the Lots in the Properties and approved by the Town Council of the Town of Trophy Club and properly recorded into the appropriate records of Denton County, Texas. Upon the expiration of such initial term, all of the covenants and restrictions of this Declaration (as changed, if changed), and the enforcement rights relative thereto, shall be automatically extended for successive periods of ten (10) years. During such ten (10) year extension periods, the covenants and restrictions contained in all Articles hereof other than Articles VIII and IX may be changed or terminated only by an instrument signed by the then Owners of not less than fifty -ane percent (51%) of all the Lots in The Subdivision and approved by the Town Council of the Town of Trophy Club and properly recorded in the appropriate records of Denton County, Texas. Section 2. Enforcement. The Association, as a common expense to be paid out of the Maintenance Fund, or any Owner at his own expense, shall have the right to enforce, by proceedings at law or in equity, all restrictions, covenants, conditions, reservations, Iiens, charges, assessments, and all other provisions set out in this Declarant. Failure of the Association or of any Owner to take any action upon any breach or default of or in respect to any of the foregoing shall not be deemed a waiver of their right to take enforcement action any subsequent breach or default. Section 3. Amendments by Declarant. The Declarant shall have and reserves the right at any time and from time to time, without the joiner or consent of any other party to amend this Declaration by any instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or grammatical error, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development, as evidenced by this Declaration and all Supplemental Declarations, and shall not impair or affect the vested property or other rights of any Owner or his mortgagee. Section 4. Interpret If If this Declaration or any word, clause, sentence, paragraph, or other part hereof shall be susceptible or more than one or conflicting interpretations, then the interpretation which is most nearly in accordance with the general purposes and objectives of this Declaration and all Supplemental Declarations shall govern. Section 5. Omissions. If any punctuation, work, clause, sentence, or provision necessary to give meaning, validity, or effect to any other work, clause, sentence, or provision appearing in this Declaration shall be omitted herefrom, then it is hereby declared that such omission was unintentional and that the omitted punctuation, word, clause, sentence or provisions shall be supplied by inference. The Villas ofHagan's Glen 18 Covenants & Restrictions 7/29196 Section f,. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 7. Gender and Grammar. The singular, whenever used herein, shall be construed to mean the plural, when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, males or females, shall in all cases be assumed as though in each case fully expressed. Section S. Severability. Invalidation of any one or more of the covenants, restrictions, conditions, or provisions contained in this Declaration, or any part thereof, shall in no manner affect any of the other covenants, restrictions, conditions, or provisions hereof, which shall remain in full force and effect. ARTICLE X Powers Granted to the Town of Trophy Club Section 1. The Town of Trophy Club, Texas (the "Town") shall have the right to perform, but not the obligation, the maintenance obligations of the Association with respect to the Common Properties, if the Association fails to reasonably perform such maintenance obligations within ten (10) days after receipt by the Association of written notice from the Town stating the nature and extent of the Association's failure to maintain the Common Properties. Section 2. Upon assuming such maintenance obligations, the Town may collect all maintenance assessments in accordance with the procedures specified herein and in any bylaws or articles of incorporation of the Association, expending an amount of such assessments as reasonably necessary, in the sole opinion of the Town, to perform the Association's maintenance obligations which it has failed to perform, and remitting the balance thereof to the Association forthwith. Section 3. The Declarant and the Association understand and agree that the Covenants and Restrictions contained herein are not intended to restrict or limit the rights of the Town to exercise its legislative and governmental rights, duties and powers insofar as zoning of the Properties is concerned. The Villas of Hogan's Glen 19 Covenants & Restrictions 7124/96 Lc=5.00* N2752'41"E 2,28' 'L=9 N-00- L=w59,55" R 0,00- R=175.00' '12 94.68' Cb=S76'07* V ,'\.E r--b-=N4;T22'3Y*E L' 2 7�8' Lc=28, 1.c=93.53' rQ 110. *0 IL too, 150' 200, KALE ALE IN FEET ! I R=225.00- 692' Cb=.6S39'59'1Y'E c • Lc=69.35' F MKITLIBIT "E" WROUGHT mm Cl 22 7w 3 112'' CAL SHADE TRM 30, O.C. L7 3' - 4' FI VERING SHRUBS Cl CLUSTERED IN 23 GROUPS OF 5-7. aw '7 3' DECORATIVE FENCE MASONARY 28 ? m w 'cl 24 a. ORA FENC IANDSCAPE AREA 0174 sr 3 I/L- CAL SHADE 2 Sol O.C. 7"9 ar 3' - 4' FLOWERING S CLUSTERED IN 19ROUPS OF 5-7. 8- MASONA.R 'WALL I 7M Sr ro LANDSCA17K -3 S5T58'35"W 54.14' LAKE J-I'GREST VILLAM%, PIW�[-: TI�KkE CA13 li. SLIDE 160 EXHIBIT 6699 "THE 'VILLAS OF HOGAN' S GLEN" CONSTRUCTION SCHEDULE TIME: OCTOBER 1996 - OCTOBER 1997 EVENT: LOTS 1- 26 WITH ALL UTILITIES, STREET PAVING, STREET SIGNAGE, CREEK CROSSING AND ENTRY PAVING TIME: NOVEMBER 1997 - JUNE 1998 EVENT: ENTRY FEATURE AND PERIMETER WALL FACING INDIAN CREEK BOULEVARD Note: Construction Schedule is contingent upon CitE approvals o zonin platting and construction permitting.