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ORD 1995-21TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 9 5 - 21 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 THREE TRACTS OF LAND, DESCRIBED GENERALLY AS A 5.9440 ACRE TRACT AND A 4.624 ACRE TRACT (THE 4.624 ACRE TRACT BEING TWO TRACTS OF LAND, A 4.2360 ACRE TRACT AND A 0.388 ACRE TRACT, BEING SITUATED WITHIN A SINGLE PROPOSED SUBDIVISION) LOCATED WITHIN THE TOWN ALONG TROPHY WOOD DRIVE AND WEST OF T.W. KING ROAD AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN, FROM THEIR CURRENT ZONING OF R-12 SINGLE FAMILY RESIDENTIAL DISTRICT TO PD PLANNED DEVELOPMENT DISTRICT FOR SINGLE FAMILY RESIDENTIAL USES; PROVIDING THAT SUCH TRACTS OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENT'S OF THIS ORDINANCE, THE COMPREHENSIVE ZONING ORDINANCE, AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT, + ZONING MAP SHALL REFLECT THE PI;P.PLANNED DEVELOPMENT ZONING DISTRICT GRANTED HEREIN FOR THE SUBJECT PROPERTIES; 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 three tracts of land (together, the "Land"), described generally as a 5.9440 acre tract and a 4.624 acre tract (the 4.624 acre tract being made up of two tracts of land, a 4.2360 acre tract and a 0.388 acre tract, which tracts are to be included within a single proposed subdivision) located generally along either side of Trophy Wood Drive and west of T.W. King Road within the Town of Trophy Club, Texas (the "Town") and as more particularly 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 -1- DOC #: 315896 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, 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 approval of this Ordinance providing for Planned Development zoning for the Land uses an innovative approach in lot configuration and mixture of single-family housing types, provides for an appreciable amount of open space for the development, is consistent with the Town's Comprehensive Plan, provides appropriate buffering between adjacent properties, and provides for a compatible transition between existing conventional single-family residential property and the adjacent property zoned commercial; and WHEREAS, after public notices were given in compliance with State Iaw and public hearings were conducted, and after considering the information submitted at the said public hearing 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 -2- ©oC #: 315896 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 described as follows: (i) a 5.9440 acre tract of land, (ii) a 4.2360 acre tract of land, and (iii) a 0.388 acre tract of land, which land is located generally along Trophy Wood Drive and west of T.W. King Road within the Town and is more particularly 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 "B" (PD Site Plan), "C" (Development Standards), "E" (Conceptual Landscape Plan), "F" (Approved Plant List), and "G" (Ripon -A light fixtures), each of which Exhibits is incorporated herein for all purposes, all applicable parts of the Comprehensive Zoning Ordinance, and all other applicable ordinances, rules and regulations of the Town. Section 3. Site plan. A comprehensive site plan for the Land or any part thereof which shall be in substantial conformity with the 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 in this Planned Development District. Section 4. Zoning mgp. The Planning and Zoning Administrator is hereby directed to marls 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. -3- DOC #: 3151196 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 (a draft of which covenants are attached hereto as Exhibit "D" (Declaration of Covenants, Conditions and Restrictions)) in a form to be approved by the Town and to which the Town may be made a parry for certain purposes. Section 7. Applicable regglations. 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 City 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. Penally. 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 small not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 12. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 21 st day of November , 1995. 3q e�� e—�-= , Town of TropbY""Club, Texas -4- DOC #: 315896 ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: own orney, Town o Trophy Club, Texas -5- HOC N: 315896 -V -wz 23a-r70 5 CoG" 20' 2G" W 200.0o PRI VA TE CO,1MON ARE. - LEGAL DESCRIPTION TRACT 1: �f 1 L� = 08° 05` 41" = 435, G5' 1_ = Cat.V5' The following described tract or parcel of land situated in the J. Henry Survey, A-528, Denton County, Texas and being a portion of a 307.91 acre tract as recorded on Page 153 of Volume 676 in the Denton County Deed Records and being more particularly described as follows. BEGINNING at a'Y' in concrete at the Southeast comer of Lot 721, TROPHY CLUB, Section Nine, according to plat recorded on Page 17 of Volume 16 in the Denton County Plat Records and being in the West right-of-way line of T.W. King (County Road No. 3088); THENCE S 0 degrees 17 minutes 39 seconds W along the West right-of-way line of said T.W. King a distance of 375.0 feet to an iron rod and being on a curve having a radius of 1010.0 feet whose center bears N 0 degrees 42 minutes 05 seconds W a distance of 1010.0 feet; A = 03° 34' 0J" 1010.00' L = G2.85' N 17 ° 03' 34" 1= 8 C� LANDSCA COMMENCING at the Sou plat recorded on Page 17 c in the West right-of-way of THENCE along said South N 85 degrees 38 minutes C 106.0 feet to an iron rod to. N 64 degrees 18 minutes 1 THENCE Northeasterly along said curve leaving the West right-of-way line of said W.T. King and N 67 degrees 07 minutes 1 through a central angle of 48 degrees 02 minutes 27 seconds, an are length of 846.86 feet, a chord bearing of N 66 degrees 40 minutes 51 seconds W, and a distance N 87 degrees 37 minutes V chord of 822.26 feet to an iron rod and being on a curve having a radius of 435.65 feet whose center bears N 31 degrees 45 minutes 19 seconds W a distance of 435.65 feet, S 41 degrees 01 minute W THENCE Northeasterly along said curve and through a central angle of 36 degrees 06 minutes 25 seconds, an arc length of 274.54 feet, a chord bearing of N 40 degrees 11 N degrees 53 minutes 0 BEGG INNING and being in tl minutes 28 seconds, E, and a chord distance of 270.02 feel to an iron rod in the South line of Trophy Wood P Y radius of 435 .65 feet whose 435.65 feel; Drive, THENCE S 67 degrees 53 minutes 17 seconds E along the South line of said TROPHY CLUB, Section Nine a distance of 164.0 feet to an iron rod at the most southerly southeast comer of Lot 726; THENCE N 41 degrees 01 minute E along the South line of said TROPHY CLUB, Section Nine a distance of 30,0 feel to an iron rod at the Southwest comer of Lot 725; THENCE S 67 degrees 37 minutes E along the South line of said TROPHY CLUB, Section Nine a distance of 65.88 feet to an iron rod at the Southwest comer of Lot 724; THENCE S 67 degrees 07 minutes 15 seconds E along the South line of said TROPHY CLUB, re Section Nine a distance of 155.0 feet to an iron rod at the Southwest comer of Lot 723, THENCE S 64 degrees 18 minutes 10 seconds E along the South line of said TROPHY CLUB, Section Nine a distance of 107,45 feet to an iron rod at the Southwest comer of said Lot 721, C THENCE S 85 degrees 38 minutes 01 second E along the South line of said TROPHY CLUB, Section Nine a distance of 106.0 feet to the place of beginning, containing 5,9440 acres or ES. 258,921 square feet or land �—+ + TRACT 2. The following described tract or parcel of land situated in the J Henry Survey, A-528, Denton County, Texas and being a portion of a 307.91 acre tract as recorded on Page 153 of Volume 675 in the Denton County Deed Records and being more particularly described as follows THENCE Southwesterly alc a central angle of 44 degree bearing of S 44 degrees 14 iron rod; THENCE S 66 degrees 20 beginning of a curve to the 39 minutes 32 seconds E a THENCE Southwesterly alc 18 seconds, an are length c W, and a chord distance of THENCE N 40 degrees 17 1 THENCE N 75 degrees 13 1 Southeast comer of Lot 77: THENCE N 17 degrees 03 1 East line of lot 772; THENCE N 2 degrees 37 m comer of Lot 771, THENCE S 71 degrees 52 r a distance of 248 00 feet to THENCE S 80 degrees 55 r Section Nine a distance of EXHIBIT "A" / 3 d = 0° 34' 03' 1010, 00' L N 17°a3'3j}" 97' V LANDSCAPED AREAS a = W 02' 27" tZ. - lolaoa' L . = 134Co. B5' COMMENCING at the Southeast comer of Lot 721. TROPHY CLUB, Section Nine, according to plat recorded on Page 17 of Volume 16 in the Denton County Plat Records, said point also being in the West right-of-way of T W King (County Road No 3088); THENCE along said South line of said TROPHY CLUB, Section Nine as follows N 85 degrees 38 minutes 01 second W, leaving said right-of-way line of T W King a distance of 106.0 feet to an iron rod for comer; N 64 degrees 18 minutes 10 seconds W a distance of 107.45 feet to an iron rod for corner, N 67 degrees 07 minutes 15 seconds W a distance of 155.0 feet to an iron rod for comer; N 87 degrees 37 minutes W a distance of 65.88 feet to an iron rod for comer, S 41 degrees 01 minute W a distance of 30.0 feet to an iron rod for comer, N 67 degrees 53 minutes 07 seconds W a distance of 164 0 feet to an iron rod at the PLACE OF BEGINNING and being in the South Line of Trophy Wood Drive and being on a curve having a radius of 435.65 feet whose center bears N 67 degrees 51 minutes 45 seconds W a distance of 435.65 feet; THENCE Southwesterly along said curve the South line of said Trophy Wood Drive and through a central angle of 44 degrees 12 minutes 09 seconds, an arc length of 336 09 feet, a chord bearing of S 44 degrees 14 minutes 20 seconds W, and a chord distance of 327.82 feet fo an iron rod'. THENCE S 66 degrees 20 minutes 26 seconds W a distance of 200 0 feet to an iron rod at the beginning of a curve to the left having a radius of 586.27 feet whose center bears S 23 degrees 39 minutes 32 seconds E a distance of 586.27 feet, THENCE Southwesterly along said curve and through a central angle of 16 degrees 38 minutes 18 seconds, an arc length of 170.25 feel, a chord bearing of S 58 degrees 01 minute 19 seconds W, and a chord distance of 169.65 feet to an iron rod; THENCE N 40 degrees 17 minutes 50 seconds W a distance of 59 68 feet to an iron rod, THENCE N 75 degrees 13 minutes 24 seconds W a distance of 203.5 feet of an iron rod at the Southeast comer of Lot 773; THENCE N 17 degrees 03 minutes 34 E a distance of 181.0 feet to an iron rod and being in the East line of lot 772; THENCE N 2 degrees 37 minutes E a distance of 184.0 feel to an iron rod at the Northeast comer of Lot 771, THENCE S 71 degrees 52 minutes E along the South line of said TROPHY CLUB, Section Nine a distance of 248 00 feet to an iron rod and being in the South line of Lot 758. THENCE S 80 degrees 55 minutes 36 seconds E along the South line of said TROPHY CLUB, Section Nine a distance of 250 0 feel to an iron at the Southeast comer of Lot 756. .-W THENCE N 69 degrees 40 minutes E along the a distance of 90.0 feet to an iron rod at the Sou THENCE S 62 degrees 58 minutes E along the a distance of 84.11 feel to an iron rod at the So the left having a radius of 395.65 feet whose ce W a distance of 395.65 feet, THENCE Northeasterly along said curve and al, central angle of 14 degrees 55 minutes 08 sect of N 29 degrees 36 minutes 02 seconds E, and concrete at the Northeast comer of said lot 754 Drive, THENCE S 67 degrees 53 minutes 17 seconds Drive a distance of 40 0 feet to place of beginnn feet of land. Tract 3 The following described tract or parcel of land is County, Texas and being a portion of a 307 91 a in the Denton County records and being more ps BEGINNING at the southwest corner of Tract 1 a boundary of Tract 2 as previously described and Tract 1 and being on a curve to the left having a THENCE southeasterly along said curve and thn 62 89 feet, a chord bearing of S44=2641" E and corner; THENCE southerly and leaving said south bounc 92 25 feel to a point for comer; THENCE N80�55'36" W a distance of 230.00 fee said southeast boundary line of Tract 2; THENCE northeasterly along said southeast bou 170 00 feet to a point for comer. said point being feel, THENCE northeasterly along said curve and taro 61 55 feet, a chord bearing of N62 17'36"E, a chi BEGINNING and containing 0 388 acres or 16.92 _ cow ' .� B Och�`ILd !1' pR ` 16 G,SE B 13 -ording to also being +� ' r r ULd.a,.___ r r stance of THENCE N 69 degrees 40 minutes E along the South line of said TROPHY CLUB, Section Nine a distance of 90.0 feet to an iron rod at the Southeast comer 755; rner, THENCE S 62 degrees 58 minutes E along the South line of said TROPHY CLUB, Section Nine a distance of 84.11 feet to an iron rod at the Southeast comer of Lot 754 and being on a curve to ser, the left having a radius of 395 65 feet whose center bears N 52 degrees 56 minutes 24 seconds W a distance of 395 65 feet, THENCE Northeasterly along said curve and along the East line of said Lot 754 and through a central angle of 14 degrees 55 minutes 08 seconds, an arc length of 103 02 feet, a chord bearing of N 29 degrees 36 minutes 02 seconds E, and a chord distance of 102 73 feet to a 'Y' in 'LACE OF concrete at the Northeast comer of said lot 754 and being in the South line of said Trophy Wood -iaving a Onve; stance of THENCE S 67 degrees 53 minutes 17 seconds E along the South line of said Trophy Wood Drive a distance of 40 0 feel to place of beginning, containing 4 2360 acres or 184, 504 square d through feet of land. :hord atto an Tract 3: od at the The following described tract or parcel of Land is situated in the J Henry Survey A-528, Denton 3 degrees County, Texas and being a portion of a 307.91 acre tract as recorded in Volume 676, Page 153 in the Denton County records and being more particularly described as follows. 3 minutes BEGINNING at the southwest corner of Tract 1 as previously described and being along the east 19 seconds boundary of Tract 2 as previously described and easterly along the south boundary line of said Tract 1 and being on a curve to the left having a radius of 1,010.00 feet; od. THENCE southeasterly along said curve and through a central angle of 03 34'03" a distance of 62.89 feet, a chord bearing of S44 � 26'41" E and a chord length of 62.88 feet to a point for od at the corner: THENCE southerly and leaving said south boundary of Tract 2, S17 03'34" W, a distance of ring in the 92.25 feet to a point for comer; THENCE NSO`55'36" W a distance of 230.00 feet to a point for corner, said point being on the heart said southeast boundary line of Tract 2; THENCE northeasterly along said southeast boundary of Tract 2. N66 20'26"E a distance of ction Nine 170 00 feet to a point for comer, said point being on a curve to the left having a radius of 435 65 feet; Y CLUB, THENCE northeasterly along said curve and through a central angle of 08 05'41" a distance of 61 55 feet, a chord beanng of N62 17'36"E, a chord length of 61 50 to the POINT OF BEGINNING and conlaming 0.388 acres or 16,920 square feet. more or less z "S a_ w CO Q CL Ln w C tic x a s tr ti y L . Ez J txmxia[xnxaxr>Hxx ��� 1NifLili�xil ixxm " � � Ci7 Zj f= � J -il 7ii_ l r r,' N Ada •►P C £: ? r- i..,- r:�F T7— t k ry) 7 4 'Fp '•� .R Y r C • 3E1 `�i ��i � tiC� � (i 14 i3 � _ � 7 rn �. r � ;SI -J �•! �`$ t i %:, Sd N __— il" w u LU Ir Ul Jhi th Cl 0 EXHIBIT "C" DEVELOPMENT STANDARDS THE VILLAS AT TROPHY CLUB TEXAS The development of the Land described in Exhibit "A" consisting of: O a 5.9440 acre tract of land, • a 4.2360 acre tract of land, and ® a 0.388 acre tract of land, shall be in accordance with the PD Site Plan of the development (attached hereto as Exhibit "B"), all other Exhibits attached to or to be made a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 94-09, as amended and revised), all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements: A. Purpose; development standards; uses. This Planned Development is designed to accommodate a variety of single-family residential uses. For development purposes, the Land is divided into three tracts (Tracts 1, 2 and 3 as shown on Exhibit "B" attached hereto (PD Site Plan)), and the use and development of each of the tracts shall be in accordance with the following: 1. Size of tracts. Tract 1 shall contain 5.9440 acres of land; Tract 2 shall contain 4.2360 acres of land; Tract 3 shall contain 0.388 acres of land. 2. Pennitted uses. In the development of the tracts, no land shall be used and no building or structure shall be installed, erected or converted to any use other than the following: (a) Single-family detached dwellings. (b) Private or public roadways constructed to Town standards. (c) Private common areas owned by a homeowner's association. (d) Utility distribution lines and facilities. (e) Temporary buildings incidental to construction work in the initial development of the tracts in accordance with paragraph M. hereof, which buildings shall be removed no later than seven (7) days after the completion or abandonment of construction work. EXHIBIT C TO ORDINANCE NO. 9 5- 2 1 Page 1 of 8 DOC #: 315996 3. Accessory uses. Accessory structures and uses customarily incident to the permitted uses shall be permitted in accordance with Section 35, "Accessory Structures and Uses," of the Comprehensive Zoning Ordinance. 4. Conditional uses. Conditional uses may be permitted in accordance with the regulations provided in Section 42 of the Comprehensive Zoning Ordinance. 5. Limitation of uses. Any use not expressly permitted herein is prohibited. B. Area and building regulations. The following minimum standards shall be measured from property lines: 1. Minimum lot size. Lots shall have a minimum area of five thousand (5,000) square feet. 2. Average lot size. The average size of all lots combined in Tract 1 shall be 7,100 square feet. The average size of all lots combined in Tracts 2 and 3 shall be 7,500 square feet. 3. Lot width. The width of each lot shall not be less than 50 feet, measured at the midpoint of the side lot lines. 4. Depth of lot. The depth of each lot shall not be less than 100 feet, measured at the midpoint of the front of the lot. 5. Minimum open space. All areas not devoted to buildings, walkways, structures or off-street parking shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. 6. Maxitnuin building coverage. The combined area of all main and accessory buildings shall not exceed 45 % of the total lot area. Swimming pools and spas shall not be included in determining maximum building coverage. 7. Minimum floor area. The minimum square footage of a dwelling unit, exclusive of garages, breezeways and porches, shall be as follows: Each dwelling containing one (1) story shall contain a minimum of two thousand (2,000) square feet; each dwelling containing more than one (1) story shall contain a minimum of two thousand five hundred (2,500) square feet, of which not less than one thousand six hundred (1,600) square feet shall be covered ground floor area. 8. Depth of front yard, feet*. There shall be a front yard having a depth of not less than fifteen (15) feet. 9. Depth of rear yard, feet*. There shall be a rear yard having a depth of not less than twenty (20) feet. EXHIBIT C TO ORDINANCE NO. 9 5 - 21 Page 2 of 8 DOC M 315896 10. Width of side yard on each side, feet*. A minimum of a five (5) foot side yard shall be required on each side of a lot; provided, however, that the width of a side yard of a lot adjacent to a side street shall be 15 feet. 11. Height. Except as provided by Section 36 of the Comprehensive Zoning Ordinance, no building or structure shall exceed thirty-five (35) feet in height (2 story maximum). *All yards shall comply with Section 37, "Required Yards, " of the Comprehensive Zoning Ordinance. C. Parking regglations. A minimum of two off-street parking spaces shall be provided for each dwelling unit. As a part of the above parking requirement, an enclosed garage shall be provided for each dwelling unit, which shall comply with Section 47 (Off -Street Parking) of the Comprehensive Zoning Ordinance and the following; 1. Garage doors shall be a minimum of twenty (20) feet from the front property line. 2. All garage doors shall be recessed a minimum of eighteen (18) inches from the face of the structure. 3. All garage doors shall be single bay width and constructed of wood panel face material with a painted or stained surface that complements the color of the principal structure. 4. There shall be two (2) garages constructed with each principal structure, no more no less. 5. Parking of vehicles is allowed in common areas where provided. 6. On -street parking is restricted to approved deliveries, pick-up or short -time guests and invitees. Parking in driveways behind the front building setback Iine is permitted. D. Concept plan. An overall concept plan showing all internal streets, drainage, utilities, and exact divisions between land uses shall be submitted simultaneously with the submission of the first comprehensive site plan for any Tract in this Planned Development District. E. Building materials; construction -re .Vlatio 1. The exterior surface or all main and accessory buildings shall be constructed of glass and stone or brick. The exterior wall of each such building shall have not less than eighty percent (80%) masonry coverage, which shall be brick, stone, or a combination of brick and stone. EXHIBIT C TO ORDINANCE NO. 9 5 - 21 Page 3 of 8 DOC N: 315896 All roofing material shall have a three hundred (300) pound, thirty (30) year warranty. Timberline composition is the minimum standard for roofing material. 2. Each residential structure shall have installed on the outside wall thereof a service riser conduit. No such conduit shall be visible from a public street, common property, or adjoining lot. 3. No above ground swimming pools shall be installed on any lot. 4. 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 operations, 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) shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof, the term "commencement of construction" shall mean the date on which the foundation forms are set. 5. No projections of any type shall be placed or permitted to remain above the roof of any residential building or structure with the exception of one or more chimneys and one or more vent stacks; provided, however, that such projections shall be placed or located subject to and in accordance with this Ordinance and Section 36 of the Comprehensive Zoning Ordinance. 6. No basketball backboards, playhouses or treehouses shall be installed. F. Driveways and walkways. All driveways and walkways located between principal structures and paved streets shall be constructed of exposed aggregate concrete. G. Special paving. Those paved areas identified on Exhibit "B" (PD Site Plan) as "Special Paving" shall be constructed of patterned and colored concrete according to the requirements of the Town. H. Fences; walls; retaining walls; guard gates. 1. Retaining walls. Any retaining wall visible from any portion of the common properties within the Land shall be restricted to structurally engineered and designed walls. 2. Front yard fencing. Fencing will be allowed to extend from the perimeter 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. All gates shall be ornamental iron. 3. Side yard fencing. Fencing between lots shall be of wood material, provided that such wood fence is of treated wood or cedar stained to match the perimeter wood fence, has slats six (6) inches wide which are installed vertically only (not horizontally or diagonally), and is no higher than six (6) feet. EXHIBIT C TO ORDINANCE NO. 9 5- 2 t Page 4 of S DOC #: 315896 4. Side or rear yard fencing. Visible from streets (i.e. corner lots) fencing shall be constructed as noted in subparagraph (c) above; however, columns must be built with maximum spacing of twelve (12) feet from column center to column center and the brick or stone must be identical to the brick or stone used in constructing the fence located on and along Trophy Wood Drive. 5. Perimeter fencing. The following fences around the perimeter of the Land shall be constructed prior to the issuance of any certificate of occupancy for any building or structure on the Land: (a) Trophy Wood - All fencing along Trophy Wood Drive (Block 1, Lots 1 and 22; Block 2 Lots 1, 20, 21 and 22) shall be eight feet (8') in height and shall be constructed of an engineered Austin Stone Wall. (b) Southern Perimeter Fence - All fencing adjacent to the commercial property to the south (Block 1, Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21; Block 2, Lots 11, 12, 13, 14, 15, 16, 17, 18 and 19) shall be eight feet (8') in height and shall be constructed of 8' treated wood or cedar (stained) with eight foot (8') Austin Stone columns at corners. (c) T.W. King Fence - All fencing adjacent to T.W. King Road on the east (Block 2, Lots 8, 9, 10 and 11) shall be eight feet (8') in height and shall be constructed of eight foot (8') treated wood or cedar (stained) with eight foot (8') Austin Stone columns at lot corners. (d) Fencing adjacent to existing lots - All fencing adjacent to existing lots to the North and West (Block 1, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Block 2, Lots 1, 2, 3, 4, 5, 6 and 7) shall be six feet (6') in height and shall be constructed of eight foot (8') treated wood or cedar (stained) with six foot (6') Austin Stone columns at lot corners. 6. 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'). Unless otherwise directed by the Town, access for homeowners will be by card access; visitors by electronic call box; exiting by pressure sensitive strips in the pavement. Emergency medical, fire and law enforcement personnel will be provided access by access card or in case of access failure, by emergency pull box. 1. Landsc. Landscaping shall be in accordance with Exhibit "E" (Conceptual Landscape Plan), Section 46 (Landscaping Regulations) of the Comprehensive Zoning Ordinance, and the following: 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 and all side yards not enclosed by solid fencing. Each lot shall be planted with at least eight (8) caliper inches of trees; provided, however, any tree used to satisfy this requirement EXHIBIT C TO ORDINANCE NO. 9 5 -- 21 Page 5 of 8 DOC #: 315896 shall contain at least three and one half (3 1/2) caliper inches. Preservations of existing trees is encouraged and credit may be given toward the planting requirements for trees preserved in a healthy condition. A minimum of ten feet (10') of existing trees shall be maintained at the rear of each lot as a buffer. Existing trees may be pruned and underbrush cleaned, but no landscaping other than sod or ground covering shall be permitted under the tree canopy and no irrigation may be installed or directed toward the tree buffer. All common area and landscape easement areas must use plants from the Approved PIant List designated in the design standards attached as Exhibit "F" hereto. J. Utilities. All utilities shall be underground. Any utility boxes shall be screened with landscaping. K. Trash receptacles and collection. Each lot owner shall make or cause to be made appropriate arrangements with the Town for collection and removal of garbage and trash on a regular basis. Every owner shall observe and comply with any and all regulations or requirements promulgated by the Town 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, 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 as trash collection days. No lot shall be 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 for a reasonable time, so long as the construction progresses without unreasonable delay, until completion of the improvements, after which the materials shall either be 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. L. Antennas and towers. No radio or television aerial wires, towers or antennas shall be maintained on the outside of any building, nor shall any free standing antennas of any style be permitted. All radio or television aerial wires, towers or antennas must be built within the main structure and must not be visible from outside of such structure. No satellite dish shall be permitted over 24 inches in diameter, M. 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 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 such facilities may be erected, placed and maintained in and upon the Land as 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 Land in compliance with the regulations of the Town. Such facilities may include, but are not necessarily limited to, a temporary office or model home during the period of and in connection with the construction and sales operations on the Land, EXHIBIT C TO ORDINANCE NO. 95-2I page G of S DOC #: 315896 but in no event shall any such facility remain on the Land for a period in excess of that permitted by the Town. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper or any vehicle other than conventional automobile shall, if brought within the Land, be stored, placed, or parked within the garage of the appropriate Owner. N. Signs. Neighborhood identification signs are allowed in locations as shown on Exhibit "B" (PD Site Plan). The developer of the Land may erect and maintain a sign or signs for the construction, development, operation, promotion and sale of the lots in accordance with the laws of the Town. Holiday or patriotic flags may be displayed by an Developer and Owners. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with the applicable sign standards of the Town. O. Mailboxes and address plagues. Each lot shall have a mailbox, constructed of materials identical to those used on the exterior of the residence located on such lot. Address plaques shall be (i) attached to each mailbox, (ii) made of brass, and (iii) installed in the masonry of the mailbox. P. Exterior lighting. Pole lamps shall be a maximum of twenty feet (20') in height. Pole lighting shall be oriented down and away from all adjacent properties. Pole lamps should be of the quality of a Sternberg Ripon -A fixture (see Exhibit "G"). All light shall be a white light. Q. Development schedule. The Owner/Developer of the Land shall complete the development of the proposed 44 lots within the Land on or before December 31, 1996. On or before June 30, 1996 the Building Inspector shall report to the Planning and Zoning Commission and the Town Council the actual development accomplished as compared with the development schedule. if, in the opinion of the Planning and Zoning Commission or the Town Council, the Owner/Developer has failed to meet the approved development schedule, the Planning and Zoning Commission or the Town Council may initiate proceedings to amend all or part of the zoning on the Land or to amend the provisions of this Ordinance. Upon receiving the recommendation of the Planning and Zoning Commission, after all hearings have been held as required by law, the Town Council may amend all or part of the zoning of the Land and/or amend the provisions of this Ordinance to extend the development schedule or adopt such new development schedule as may be indicated by the facts and conditions then existing. R. Common areas. All common areas, as identified on Exhibit "B" (PD Site Plan), shaI1 be constructed and landscaped by the Developer. Common area landscaping and improvements shall be generally constructed in accordance with Exhibit "E" (Conceptual Landscape Plan). Common area maintenance shall be owned and maintained by the homeowners association. No swimming or wading shall be allowed in any water feature or drainage way situated within the common areas. EXHIBIT C TO ORDINANCE NO. 9 5- 2 t Page 7 of 8 DOC N: 315996 S. PropejU owners' association guidelines. A property owners' association may be established for any area that requires maintenance of private, common elements. The purpose of any Association(s) will be to enhance and protect the value and attractiveness of the commonly owned private property within the Planned Development. Association(s) will not be formed for the purpose of financial gain, but rather for the purpose of control over the development and maintenance of such private land, streets and facilities which are intended to be owned in common. Association(s) will have the power to levy assessments for the construction, maintenance and operation of all common elements of any development. Assessments through any Property Owners' Association will contribute to the cost of maintenance of common area items such as, but not limited to, the following: private roadways, trail system and walkways, landscaping, signage, outdoor lighting and private park areas. Where applicable, capital expenditure funds may be assessed and set aside for capital improvements such as private street repair. Every person or entity who is a record owner of a housing unit within any area where a Property Owners' Association is deemed necessary shall become a member of the Association. Homeowners will be responsible for maintenance of their own dwelling unit and the lot upon which that unit is sited. All commonly owned, private open space within any development area will be maintained by a Property Owners' Association. T. Site plan review. No building permit shall be issued for the construction of buildings until a detailed site plan of that particular development area has been submitted to and approved by the Trophy Club Planning and Zoning Commission and the Trophy Club Town Council. Site plan review shall be in accordance with the approved PD Ordinance. EXHIBIT C TO ORDINANCE NO. 9 5 - 21 Page 8 of 8 DOC #: 315896 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAS OF TROPHY CLUB TROPHY CLUB, TEXAS (To Be Finalized Prior To Final Plat Approval) Page 1 DRAFT TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 2.01 Existing Properties ARTICLE III MEMBERSHIP AND VOTING RIGHT'S IN THE ASSOCIATION 3.01 Membership 3.02 Classes of Membership 3.03 Quorum, Notice and Voting Requirements ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES 4.01 Members' Easements of Enjoyment 4.02 Title of the Common Properties 4.03 Extent of Members' Easements ARTICLE V COVENANTS FOR ASSESSMENTS 5.01 Creation of the Lien and Personal Obligation of Assessments 5.02 Purpose of Assessments 5.03 Improvement and Maintenance of the Common Properties Prior to Conveyance to the Association 5.04 Annual Maintenance Assessments 5.05 Special Capital Assessments and Special Individual Assessments 5.06 Utility Stand By Charge 5.07 Date of Commencement of Assessments; Due Dates; No Offsets 5.08 Duties of the Board of Directors with Respect to Assessments 5.09 Non -Payment of Assessments 5.10 Subordination of the Lien of Mortgages 5.11 Exempt Property 5.12 Estoppel Information from Board with respect to Assessments ARTICLE VI GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS AND THE ASSOCIATION 6.01 Powers and Duties 6.02 Board Powers 6.03 Maintenance Contracts 6.04 Liability Limitations 6.05 Reserve Funds Page 2 DRAFT ARTICLE VII INSURANCE, REPAIR AND RESTORATION 7.01 Right to Purchase insurance 7.02 Insurance Proceeds 7.03 Insufficient Proceeds 7.04 Mortgage Protection 7.05 Destruction of Improvements in Individual Lots ARTICLE VIR USE OF COMMON PROPERTIES 8.01 Restricted Actions by Owners 8.02 Damage to Common Properties 8.03 Rules of the Board ARTICLE IX USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS 9.01 Residential Purposes 9.02 Minimum Lot Area 9.03 Minimum Floor Space 9.04 Combining Lots 9.05 Setback Requirements and Building Locations _ 9.06 Height 9.07 Driveways 9.08 Access 9.09 Drainage 9.10 Retaining Walls 9.11 Mailboxes and Address Plaques 9.12 Utilities 9.13 Construction Requirements 9.14 Garages and Servant Quarters 9.15 Landscaping and Sprinkler System 9.16 Fences 9.17 Trash Receptacles and Collection 9.18 Exterior Lighting 9.19 Window Coolers 9.20 Antennas Restrictions 9.21 Solar Panels 9.22 Temporary Structures and Vehicles 9.23 Parking 9.24 Signs 9.25 Removal of Dirt 9.26 Drilling and Mining Operations 9.27 Offensive Activities 9.28 Swimming 9.29 Duty of Maintenance 9.30 Maintenance of Common Properties 9.31 Tennis Courts 9.32 Building Permits Page 3 DRAFT ARTICLE X ARCHITECTURAL CONTROL COMMITTEE 10.01 Architectural Control Committee 10.02 Architectural Approval 10.03 Nonconforming and Unapproved Improvements 10.04 No Liability ARTICLE XI EASEMENTS 11.01 Ingress and Egress by the Association 11.02 General 11.03 Reservation of Easements 11.04 Surface Areas of Utility Easements 11.05 Emergency and Service Vehicles 11.06 Universal Easement 11.07 Wall and Landscape Easement ARTICLE XH GENERAL PROVISIONS 12.01 Duration 12.02 Amendments 12.03 Enforcement 12.04 Severability 12.05 Headings 12.06 Notices to Member/Owner 12.07 Notices to Mortgagees 12.08 Disputes 12.09 Termination of and Responsibility of Declarant EXHIBIT "A" EXJMIT 66B19 EXHIBIT (rCss Page 4 DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAS AT TROPHY CLUB (A Residential Subdivision) THE STATE OF TEXAS COUNTY OF DENTON THIS DECLARATION (herein so called) is made this day of 199_1 by OAKMONT ENTERPRISES, INC. (herein referred to as "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of the real property referred to in Article II hereof and described on Exhibit "A" attached hereto and made a part hereof for all purposes, and desires to create thereon a residential community including, but not limited to, residential lots, open spaces, landscaping, sprinkler systems, private streets, common lighting, fencing, drives, screening walls, water features, controlled access system (controlled access gates), and other common improvements for the benefit of the community; and WHEREAS, Declarant desires to provide for, among other matters, the preservation of the values and amenities in said community and for the maintenance of said open spaces, landscaping, sprinkler systems, private streets, common lighting, fencing, drives, screening walls, water features, controlled access system (controlled access gates), and any and all other common improvements; and, to this end, desires to subject the real property referred to in Article II, together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, conditions, restrictious, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each and every owner of any part thereof, and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an owners' association to which would be delegated and assigned the powers of (i) maintaining and administering the common properties and facilities, (h) administering and enforcing the covenants and restrictions contained herein, and (iii) collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has caused or will cause a non-profit corporation to be incorporated under the laws of the State of Texas for the purposes of effecting the intents and objectives herein set forth. NOW, THEREFORE, Declarant declares that the real property referred to in Article IL and such additions thereto as may hereafter be made pursuant to Article II hereof is and shall be held, transferred, sold, conveyed and occupied only as expressly subject to the convenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter set forth. IT IS HEREBY ACKNOWLEDGED AND ESTABLISHED THAT IN ADDITION TO THESE COVENANTS, CONDITIONS, AND RESTRICTIONS, THE PROPERTY IS ALSO EXPRESSLY SUBJECT TO ALL APPLICABLE ORDINANCES, STANDARDS, REGULATIONS AND Page S DRAFT REQUIREMENTS OF THE TOWN OF TROPHY CLUB AND THE PD ORDINANCE FOR THE VILLAS OF TROPHY CLUB. ARTICLE I DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration (unless the context shall otherwise prohibit) shall have the following meanings: (a) "Architectural Control Committee" or "Committee" shall mean and refer to the architectural control committee described in Article X hereof (b) "Articles of Incorporation" shall mean and refer to the articles of incorporation of the Association as may be amended from time to time. (c) "Association" shall mean and refer to The Villas of Trophy Club Residential Association, Inc., a Texas non-profit corporation, which will have the power, duty and responsibility of maintaining and administering the Common Properties, and collecting and disbursing the assessments and charges hereinafter prescribed, and will have the right to administer and enforce the Covenants and Restrictions. The Association shall, commencing on the date of recordation of this Declaration and continuing for an indefinite period of time deemed appropriate by the Declarant, consistent with the objectives herein and the circumstances then existing, the Declarant will cause the incorporation of the Association as a non-profit corporation under the laws of the State of Texas. (d) "Board" or `Board of Directors" shall mean and refer to the board of directors of the Association. (e) `Bylaws" shall mean and refer to the bylaws of the Association, as may be amended from time to time. (f) "Class A Members" shall have the meaning set forth in Section 3.02 hereof. (g) "Class B Members" shall have the meaning set forth in Section 3.02 hereof (h) "Common Properties" shall mean and refer to all real property and improvements thereon, including, without limitation, any private streets, private utilities, private parks, open spaces, parkway areas, water features, street lights, street signs, traffic control devices, fencing, sprinkler systems, and controlled access systems (controlled access gates) owned if fee, owned as an easement or leased or maintained from time to time by the Association for the common use, enjoyment and benefit of the Members, and all easements granted to the Associations for the common use, enjoyment and benefit of the Members, which Common Properties are specifically described on Exhibit `B" attached hereto and made part of hereof for all purposes or in any supplement to this Declaration executed by Declarant and the Association and recorded in the Office of the County Clerk of Denton County, Texas. Any real property or interest in real property which Declarant shall convey to the Association to be designated as Common Properties shall be accepted in writing by the Association and shall be Page d DRAFT conveyed free of all liens and encumbrances except current ad valorem taxes (which taxes shall be prorated as of the date of the conveyance) and the covenants, conditions, restrictions, easements. Liens and charges of this Declaration. (i) "Declarant" shall mean and refer to Oakmont Enterprises, Inc., a Texas corporation, and its successor and assigns, if such successors and/or assigns become same by operation of law, or should (i) such successors and/or assigns acquire all or substantially all of the Lots from Oakmont Enterprises, Inc. for the purpose of development, and (ii) any such assignee receives by assignment from Oakmont Enterprises, Inc. all or a portion of its rights hereunder as such Declarant, by an instrument expressly assigning such rights of Declarant to such assignee. No person or entity purchasing one or more Lots from Oakmont Enterprises, Inc. in the ordinary course of business shall be considered as "Declarant". 0) "Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdivision map(s) or plat(s) of the Properties, as amended from time to time, which is designated as a lot thereon and which is or will be improved with a residential dwelling. Some portions of the Common Properties may be platted as a "lot" on the recorded subdivision plat, however, these lots shall be excluded from the concept and definition of lot as used herein. (k) "Member" shah mean and refer to each Owner as provided in Article III hereof 0) "Owner" shall mean and refer to every person or entity who is a record owner of a fee or undivided fee interest,in any Lot which is subject to this Declaration. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. (m) "Pronerties" shall mean and refer to the properties subject to this Declaration as described on Exhibit "A" attached hereto, together with such additions, as may hereafter be made thereto (as provided in Article II). ARTICLE H PROPERTY SUBJECT TO THIS DECLARATION 2.01 Existing Properties. The Properties which are, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration are located in the Town of Trophy Club, Denton County, State of Texas, and are more particularly described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.01 Membership. Every Owner of a Lot shall automatically be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to this Declaration. Page 7 DRAFT 3.02 Classes of Membership. The Association shall have two (2) classes of voting membership: CLASS A. Class A Members shall be all Members with the exception of Class B Members. Class A Members shall be entitled to one (1) vote for each Lot in which thev hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot 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. CLASS B. Class B Members shall be Declarant and any bona -fide Owner who is engaged in the process of constructing a residential dwelling on any Lot for sale to consumers. Declarant shall be entitled to six (6) votes for each Lot owned by all Class B Members. Class B Members other than Declarant shall be non -voting Members of the Association. The Class B membership shall cease, and each Class B Member shall become a Class A Member, upon the earlier to occur of the following: (i) when the total number of votes outstanding in the Class A membership is eigbt(8) tunes greater than the total number of votes outstanding in the Class B membership; or (ii) when Declarant no longer owns record title to any of the Lots; or (iii) on the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Denton County, Texas. Notwithstanding the voting right within the Association, until the Declarant no longer owns record title to any Lot or the tenth (10th) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Denton County, Texas, whichever occurs first in time, the Association shall take no action with respect to any matter whatsoever without the prior written consent of the Declarant. Owners of exempt properties as described in Section 5.11 hereof shall be Members but shall not have voting rights. 3.03 Quorum, Notice and Voting Requirements. (a) Subject to the provisions of Paragraph (c) of this Section, any action taken at a meeting of the Members shall require the assent of the majority of all of the votes of those who are voting in person or by proxy, regardless of class, at a meeting duly called, written notice of which shall be given to all Members not less than ten (10) days nor more than fifty (50) days in advance. (b) The quorum required for any action referred to in Paragraph (a) of this Section shall be as follows: The presence at the initial meeting of Members entitled to cast, or of proxies entitled to cast, a majority of the votes of all Members, regardless of class, shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Bylaws or this Declaration or as provided by the laws of the State of Texas. If the Page 8 DRAFT required quorum is not present or represented at the meeting, one additional meeting may be called, subject to the notice requirement herein set forth, and the required quorum at such second meeting shall be one-half (1/2) of the required quorum at the preceding meeting; provided, however, that no such second meeting small be held more than sixty (60) days following the first meeting. (c) As an alternative to the procedure set forth above, any action referred to in Paragraph La) of this Section may be taken without a meeting if a consent in writing, approving of the action to be taken, shall be signed by all Members. (d) Except as otherwise specifically set forth in this Declaration, notice, voting and quorum requirements for all actions to be taken by the Association shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. (e) During the period of time that the Association is unincorporated, the Declarant shall have the sole right and option to prescribe reasonable procedures for the meetings (if any) of the Members; provided, however, that prior to incorporation, without the written approval of the Declarant, no Member (other than Declarant) shall have a right to vote on any matter, or to call -any meetings of the Members. Except as specifically set forth in this Declaration, notice, voting and quorum requirements for all action to be taken by the Association (as an incorporated entity) shall be consistent with its Articles of Incorporation and Bylaws, as same may be amended from time to time. ARTICLE l V PROPERTY RIGHTS IN THE COMMON PROPERTIES 4.01 Members' Easements of Enjoyment. Subject to the provisions of Section 4.03 of this Article, every Member and every tenant of every Member, who resides on a Lot, and each individual who resides with either of them, respectively, on such Lot shall have a non-exclusive right and easement of use and enjoyment in and to the Common Properties, except that no wading or swimming shall be allowed in the water features, and such easement shall be appurtenant to and shall pass with the title of every Lot; provided, however, such easement shall not give such person the right to make alterations, additions or improvements to the Common Properties. 4.02 Title to the Common Properties. The Declarant shall dedicate and convey the fee simple title to the Common Properties to the Association at such point in time deemed reasonable and appropriate by the Declarant. Prior to the date the Common Properties are conveyed to the Association, the Declarant shall retain the right to sell portions of the Common Properties to Owners if Declarant, in its sole discretion, deems such sale to be for the best interest of the development. 4.03 Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to and limited by the following: (a) The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties. Page 9 DRAFT (b) Liens of mortgages placed against all or any portion of the Common Properties with respect to monies borrowed by the Declarant to develop and improve the Common Properties or by the Association to improve or maintain all or any portion of the Common Properties; (c) The right of the Association to enter into and execute contracts with parties (including the Declarant or an affiliate of the Declarant) for the purpose of providing maintenance for all or a portion of the Common Properties or providing materials or services consistent with the purposes of the Association; (d) The right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; (e) The right of the Association, as may be provided in its Bylaws, to suspend the voting rights of any Member and to suspend the right of any individual to use any of the Common Properties for any period during which any assessment against a Lot owned by such individual remains unpaid, and for any period not to exceed sixty (60) days for an infraction of its rules and regulations; (f) The right of the Declarant or the Association, subject to approval by written consent by the Member(s) having a majority of the outstanding votes of the Members, in the aggregate, regardless of class, to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or_ utility company for such purposes and upon such conditions as may be agreed to by such Members; (g) The right of the Declarant or the Association, at any time, to make such reasonable amendments to the plat of the Properties recorded in the Map Records of Denton County, Texas (the "Plat"), as it deems advisable, in its sole discretion, all Members are advised that a portion of the Common Properties may be located within the platted and dedicated public rights -of -way and in connection therewith the public shall have rights of use and enjoyment of Common Properties located within the public rights -of -way; and (h) With respect to any and all portions of the Common Properties, Declarant, until Declarant no longer owns record title to any Lot or the tenth(loth) anniversary of the date this Declaration was recorded in the Office of the County Clerk of Denton County, Texas, whichever is the first to occur, shall have the right and option (without the joinder and consent of any person or entity, save and except any consent, joinder or approval required by the Town of Trophy Club or any other governmental agency having appropriate jurisdiction over the Common Properties) to: (i) alter, improve, landscape and/or maintain the Common Properties; (ii) employ or utilize construction and/or engineering measures and activities of any kind or nature whatsoever upon or within the Common Properties; (iii) seek and obtain variances or permits of any kind or nature whatsoever upon or within the Common Properties; (iv) replat or redesign the shape or configuration of the Common Properties; and (v) seek and obtain any and all permits, licenses or exemptions from any and all governmental agencies exercising jurisdiction over the Common Properties and/or the uses or activities thereon. Page 10 DRAFT ARTICLE V COVENANTS FOR ASSESSMENTS 5.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it, hereby covenants and agrees, and each purchaser of any Lot by acceptance of a deed or other conveyance document creating in such Owner the interest required to be deemed an Owner, whether or not it shall be so expressed in any such deed or other conveyance document, shall be deemed to covenant and agree (and such covenant and agreement shall be deemed to constitute a portion of the consideration and purchase money for the acquisition of the Lot), to pay to the Association (or to an entity or collection agency designated by the Association): (1) ai mual maintenance assessments or charges (as specified in Section 5.04 hereof), such assessments to be fixed, established and collected from time to time as herein provided; (2) special assessments for capital improvements and other purposes (as specified in Section 5.05 hereof), such assessments to be faced, established and collected from time to time as hereinafter provided; and (3) individual special assessments levied against one or more Owners to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts or omissions of such Owner or Owners, his tenants (if applicable), and their respective family, agents, guests and invitees, and not caused by ordinary wear and tear (as specified in Section 5.05 hereof), all of such assessments to be foxed, established and collected from time to time as hereinafter provided. The annual maintenance, special capital, and special individual assessments described in this Section 5..01 (hereinafter, the "Assessment" or the "Assessments"), together with interest thereon, attorneys' fees, court costs and other costs of collection thereon as herein provided, shall be a charge on the land and shall be a continuing lien upon each Lot against which any such Assessment is made. Each such Assessment, together with interest thereon, attorneys' fees, court costs and other costs of collection thereof shall also be the continuing personal obligation of the Owner of such Lot at the time when the Assessment fell due. Further, no Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his Lot. Existing obligations of an Owner to pay assessments and other costs and charges shall not pass to bonafide first lieu mortgagees which become Owners by reason of foreclosure proceedings or an action at law subsequent to the date the Assessment was due; provided, however, any such foreclosure proceeding or action at law shall not relieve such new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent Assessment. 5.02 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for (i) the purpose of promoting the comfort, health, safety and welfare of the Members and/or the residents of the Properties; (H) managing the Common Properties; (iii) enhancing the quality of life in the Properties and the value of the Properties; (iv) improving and maintaining the Common Properties, the properties, services, improvements and facilities devoted to or directly related to the use and enjoyment of the Common Properties, including, but not limited to, the payment of taxes on the Common Properties and insurance in connection therewith and the repair, replacement and additions thereto; (v) paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Properties; (vi) carrying out the powers and duties of the Board of Directors of the Association as set forth in this Declaration and the Bylaws; (vii) carrying out the purposes of the Association as stated in its Articles of Incorporation; and (viii) carrying out the powers and duties relating to the Architectural Control Committee, after Declarant has delegated or assigned such powers and duties to the Association. Page 11 DRAFT 5.03 Improvement and Maintenance of the Common Properties Prior to Conveyance to the Association. Initially, all improvement of the Common Properties shall be the responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and expense with no right to reimbursement from the Association. After the initial improvements to the Common Properties are substantially completed and until the date of the conveyance of the title of the Common Properties to the Association, the Declarant, on behalf of the association, shall have the responsibility and duty (but with right of Assessment against all Owners) of maintaining the Common Properties, including, but not limited to, the payment of taxes on and insurance in connection with the Common Properties and the cost of repairs, replacements and additions thereto, and for paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Properties. In this regard, and until such time as the'Common Properties are conveyed to the Association, all Assessments collected by the association (less such amount required for the operation of the Association) shall be forthwith paid by the Association to Declarant, to the extent that such Assessments are required by Declarant to maintain the Common Properties as set forth in this Paragraph. The Association may rely upon a certificate executed and delivered by the Declarant with respect to the amount required by Declarant to maintain the Common Properties hereunder. 5.04 Annual Maintenance Assessments. (a) Commencing with the year during which Declarant transfers fee simple title to the first Lot to a party engaged in the process of constructing a residential dwelling on any Lot or to a party that intends to reside. in the dwelling to be constructed on the Lot, and each year thereafter, each Member shall pay to the Association an annual maintenance assessment in such amount as set by the Board of Directors, at its annual meeting next preceding such initial Lot transfer, and each successive annual meeting thereafter. (b) Subject to the provisions of Section 5,,04(c) hereof the rate of annual maintenance assessments may be increased by the Board. The Board may, after consideration of current maintenance, operational and other costs and the future needs of the Association, fix the annual maintenance assessments for any year at a lesser amount than that of the previous year. (c) An increase in the rate of the annual maintenance assessments as authorized by Section 5.04 b hereof in excess of twenty-five percent (25%) of the preceding year's annual maintenance assessments must be approved by the Members in accordance with Section 3.0; hereof (d) When the annual maintenance assessment is computed for Lots, all or a portion of such annual maintenance assessment shall be payable to the Association by the Member according to the status of the Lot owned by such Member as follows: 0) As to a Lot owned by a Class A Member, the full annual maintenance assessment shall be payable. (ii) As to a Lot owned by a Class B Member, one-half (1/2) of the annual maintenance assessment shall be payable. Page 12 DRAFT (e) Notwithstanding anything herein contained to the contrary, prior. to January 1, 1996, the maximum annual maintenance assessment chargeable against any Lot for which a full assessment is payable shall not exceed $200.00 (Two Hundred Dollars) per month. (f) The Board of Directors may provide that annual maintenance assessments shall be paid, quarter -annually, semi-annually or annually on a calendar year basis; provided. however, until the Owners are notified to the contrary, the annual maintenance assessments shall be paid quarter -annually. Not later than thirty (30) days prior to the beginning of each fiscal year of the Association, the Board shall (i) estimate the total common expenses to be incurred by the Association for the forthcoming fiscal year, (H) determine, in a manner consistent with the terms and provisions of this Declaration, the amount of the annual maintenance assessments to be paid by each Member, and (iii) establish the date of commencement of the annual maintenance assessments. Written notice of the annual maintenance assessments to be paid by each Member and the date of commencement thereof shall be sent to every Member, but only to one (1) joint Owner. Each Member shall thereafter pay to the Association his annual maintenance assessment in such manner as determined by the Board of Directors. (g) At each closing involving the transfer of title of a Lot, the new Owner shall pay any and all unpaid annual maintenance assessments due and owing from the acquisition date of the Lot to the end of the appropriate billing period. (h) The annual maintenance assessments shall include reasonable amounts, as determined by the Members or by the Board, collected as reserves for the future periodic maintenance, repair and/or replacement of all or a portion of the Common Properties. All amounts collected as reserves, whether pursuant to this Section or otherwise, shall be deposited in a separate bank account to be held in trust for the purposes for which they were collected and are to be segregated from and not commingled with any other funds of the Association. Assessments collected as reserves shall not be considered to be advance payments of regular annual maintenance assessments. 5.05 Special Capital Assessments and Special Individual Assessments. (a) In addition to the annual maintenance assessments authorized in Section 5.04 hereof, the Board of Directors of the Association may levy in any calendar assessment year a special capital assessment for the purpose of (i) defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of improvements upon the Properties or Common Properties, including the necessary fixtures and personal property related thereto (H) maintaining portions of the Common Properties and improvements thereon, or (iii) carrying out other purposes of the Association; provided, however, that any such special capital assessment levied by the Association shall have the approval of the Members in accordance with Section 3.03 hereof Any special capital assessment levied by the Association shall be paid by the Members directly to the Association on such date or dates as determined by the Board of Directors. All such amounts collected by the Association may only be used for the purposes set forth in this Section 5.05 and shall be deposited by the Board of Directors in a separate bank account to be held in trust for such purpose. These fimds shall not be commingled with any other funds of the Association. Page 13 DRAFT (b) The Board of Directors of the Association may levy special individual assessments against one or more Owners for (i) reimbursement to the Association of the costs for repairs to the Properties or Common Properties and improvements thereto occasioned by the willful of negligent acts of such Owner or Owners and not ordinary wear and tear; or (ii) for payment of fines, penalties or other charges imposed against an Owner or Owner's relative to such Owner's failure to comply with the terms and provisions of this Declaration, the Bylaws of the Association or any rules or regulation promulgated hereunder. Any special individual assessment levied by the Association shall be paid by the Owner or Owners directly to the Association. All amounts collected by the Association as special individual assessments under this Section 5.05 shall belong to and remain with the Association. 5.06 Utility Standby Charge. (a) Imposition of Charge. Each Lot is hereby subjected to a "standby charge" in the amount of Six Dollars and No/100ths (S6.00) per month, for the benefit of Denton Countv Municipal Utility District No. 1, which has been created to furnish water and sewer service to the Properties. Such charge shall be due and payable on the first day of each month. for and during the period commencing on the first day of the month after the date upon which water and sewer service is available at the property line of each Lot then subject to such charge, and on the first day of each succeeding month thereafter, and ending on the first day of the month preceding the date upon which water and sewer use charges become due and payable for water and sewer service supplied to such Lot. To secure the payment of such "standby charge" established hereby, a lien upon each applicable Lot is hereby granted to said District. Such liens shall be enforceable, through appropriate proceedings in law by such beneficiary; provided, however, that each such lien 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 the improvement of any such Lot; and further provided that, as a condition precedent to any proceedings to enforce such lien upon any Lot on which there is an outstanding valid and subsisting first mortgage lien, said beneficiary shall give the holder of such first mortgage lien sixty (60) days written notice of such proposed action. Such notice, which shall be sent to the nearest office of such first mortgage holder by prepaid U.S. Registered Mail, shall contain the statement of the. delinquent standby charges upon which the proposed action is based. Upon the request of any such first mortgage lien holder, said beneficiary will acknowledge in writing its obligation to give the foregoing notice to such holder with respect the particular property covered by such first mortgage lien. The lien referred to herein shall be deemed to have been reserved in favor of the beneficiary to any deed to any Lot or any part thereof whether or not the same shall be specifically reserved. (b) Payment of Charge. The charge imposed hereby shall be paid directly to the District. 5.47 Date of Commencement of Assessments; Due Dates; No Offsets. The annual maintenance assessments provided for herein shall commence on the date foxed by the Board of Directors to be the date of commencement and, except as hereinafter provided, shall be payable quarter -annually in advance, on the first day of each payment period thereafter, as the Board of Directors shall direct. The first annual maintenance assessment shall be made for the balance of the calendar year in which it is levied. The amount of the annual maintenance assessment which may be levied for the balance Page 14 DRAFT remaining the first year of assessment shall be an amount which bears the same relationship to the annual maintenance assessment provided for in Section 5.04 hereof as the remaining number of months in that year bears to twelve; provided, however, that if the date of commencement falls on other than the first day of the month, the annual maintenance assessment for such month shall be prorated by the number of days remaining in the month. The due date or dates, if to be paid in installments, of any special capital assessment or special individual assessment under Section 5.05 hereof shall be fixed in the respective resolution authorizing such assessment. Annual maintenance, special capital and special individual assessments may be established, collected and enforced by the Declarant at any time prior to the incorporation of the Association. All Assessments shall be payable in the amount specified by the association and no offsets against such amount shall be permitted for any reason. 5.08 Duties of the Board of Directors with Respect to Assessments. (a) The Board of Directors shall fix the date of commencement and the amount of the annual maintenance assessment against each Lot for each assessment period at least thirty (30 ) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. (b) Written notice of all assessments shall be delivered or mailed to every Owner subject thereto._ Such notice shall be sent to each Owner at the last address provided by each Owner, in writing, to the Association. (c) The omission of the Board of Directors to fix the assessments within the time period set forth above for any year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is fixed. (d) The Board of Directors shall upon demand at any time furnish to any Owner liable for said assessment a certificate signed by an officer or agent 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. A reasonable charge may be made by the Board for the issuance of such certificates. 5.09 Non -Payment of Assessment. (a) Delinquency. Any Assessment, or installment thereof which is not paid in full when due shall be delinquent on the day following the due date (herein, "delinquency date") as specified in the notice of such Assessment. The Association shall have the right to reject partial payment of an Assessment and demand full payment thereof If any Assessment or part thereof is not paid within ten (10) days after the delinquency date, the unpaid amount of such Assessment shall bear interest from and after the delinquency date until paid at a rate equal to the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum lawful rate. (b) Lien. The unpaid amount of any Assessment not paid by the delinquency date shall, together with the interest thereon as provided in Section 5.09(al hereof and the cost of collection thereof including reasonable attorneys' fees, become a continuing lien and charge Page 15 DRAFT on the Lot of the non-paying Owner, which shall bind such Lot in the hands of the Owner, and his heirs, executors, administrators, devisees, personal representatives, successors and assigns. The lien shall be superior to all other liens and charges against the Lot; except only for tax liens and the lien of any bonafide first mortgage or first deed of trust now or hereafter placed upon such Lot. A subsequent sale or assignment of the Lot shall not relieve the Owner from liability for any Assessment made prior to the date of sale or assignment and thereafter becoming due nor from the lien of any such Assessment. The Board shall have the power to subordinate the lien securing the payment of any Assessment rendered by the Association to any other lien. Such power shall be entirely discretionary with the Board. As hereinbefore stated, the personal obligation of the Owner incurred at the time of such Assessment to pay such Assessment shall remain the personal obligation of such Owner and shall not pass to Owner's successors in title unless expressly assumed by them in writing. Liens for unpaid Assessments shall not be affected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may exempt himself from liability for such Assessments or waive or otherwise escape liability for the Assessments by non-use of the Common Properties or abandonment of his Lot. To evidence any lien, the Association shall prepare a written notice of lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot covered by such lien. Such notice shall be executed by one of the officers of the Association and shall be recorded in the Office of the County Clerk of Denton County, Texas. (c) Remedies. The lien securing the payment of the Assessments shall attach to the Lot belonging to such non-paying Owner with the priority set forth in this Section. Subsequent to the recording of a notice of the lien, the Association may institute an action at law against the Owner or Owners personally obligated to pay the Assessment and/or for the foreclosure of the aforesaid lien. In any foreclosure proceeding the Owner shall be required to pay the costs, expenses and reasonable attorneys' fees incurred by the Association. In the event an action at law is instituted against the Owner or Owners personally obligated to pay the Assessment there shall be'added to the amount of any such Assessment: (i) the interest provided in this Section, (ii) the costs of preparing and filing the complaint in such action, (iii) the reasonable attorneys' fees incurred in connection with such action, and (iv) any other costs of collection; and in the event a judgment is obtained, such judgment shall include interest on the Assessment as provided in this Section and a reasonable attorneys' fee to be fined by the court, together with the costs of the action. Each Owner, by acceptance of a deed to a Lot, hereby expressly vests in the Association or its agents or trustees the right and power to bring all actions against such a Owner personally for the collection of such charges as a debt, and to enforce the aforesaid liens by all methods available for the enforcement of such liens, including non judicial foreclosure pursuant to Page 16 DRAFT Section. 51.002 of the Texas Property Code, and such Owner hereby expressly grants to the Association the private power of sale in connection with said Bens. The Association may also suspend the Association membership and voting rights of any Owner who is in default in payment of any Assessment in accordance with this Declaration and/or the Bylaws. (d) Notice to Mortgagees. The Association may, and upon the written request of any mortgagee holding a prior lien on any part of the Properties, shall report to said mortgagee any Assessments remaining unpaid for longer than thirty (30) days after the delinquency date of such Assessment. 5.10 Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments shall be subordinate and inferior to the lien of any bonafide first lien mortgage or deed of trust now or hereafter recorded against any Lot; provided , however, that such subordination shall apply only to the Assessments which have become due and payable prior to a sale, whether public or private, of such property pursuant to the terms and conditions of any such mortgage or deed of trust. Such sale shall not relieve the new Owner of such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien securing the payment of any subsequent assessment. 5.11 Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created in Section 5.04 and Section 5.05 (a) hereof: (a) All properties dedicated and accepted by the local public authority and devoted to public use. (b) All Common Properties. 5.12 Estoppel Information from Board with Respect to Assessments. The Board shall upon demand at any time furnish to any Owner liable for 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. A reasonable charge may be made by the Board of Directors of the Association for the issuance of such certificates. ARTICLE VI GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION 6.01 Powers and Duties. The affairs of the Association shall be conducted by its Board of Directors. Prior to the incorporation of the Association, the Declarant shall select and appoint the Board of Directors, each of whom shall be a Class A or Class B Member, or an officer, employee, representative or agent of a Class A or Class B Member. From and after the effective date of the Association's incorporation, the Board of Directors shall be selected in accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for the benefit of the Properties, the Common Properties and the Owners, shall provide and pay for, out of the fund(s) collected by the Association pursuant to Article V above, the following: Page 17 DRAFT (a) Care and preservation of the Common Properties and the furnishing and upkeep of any desired personal property for use in the Common Properties. Expenditures for the repair or installation of capital improvements, not included in the annual maintenance budget, may be paid from the reserve fund as specifically provided in Section 6.05 herein. (b) Care and maintenance of the landscaping, water features, perimeter fencing and entry features which may be constructed by Declarant on the Common Properties or on private property. Maintenance includes all repair, rebuilding or cleaning deemed necessary by the Board of Directors. (c) Maintenance of exterior grounds, drives, parkways, private streets and access areas, including care of trees, shrubs and grass, the exact scope of which shall be frther specified by the Board from time to time. In particular, the Board shall be empowered to contract with persons or entities who shall be responsible for the maintenance of landscaping, trees, shrubs, grass and like improvements which are located on the Common Properties and/or Lots, except for landscaping and other like improvements which are located within rear yards or side yards enclosed by solid fence, which shall be maintained by the individual Lot Owner. Maintenance services contracted for by the Board in accordance with this paragraph shall be paid for out of Association funds. (d) Controlled access services and maintenance of the controlled access system (including, but not limited to, controlled access gates) which may be constructed by Declarant on the Common Properties or on private property. Maintenance may include, but not be limited to, all repairs, rebuilding and cleaning as required. The exact scope of controlled access services shall be further specified by the Board from time to time. In particular, the Board shall be empowered to contract with persons or entities who shall be responsible for the operation and maintenance of the controlled access system. Controlled access services contracted for by the Board in accordance with this paragraph shall be paid for out of Association funds. (e) The services of a person or firm to manage and/or provide consultation to the Association or any separate portion thereof to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager. (f) Legal and accounting services. (g) A policy or policies of insurance insuring the Association, its officers and directors against any liability to the public or to the Owners (and/or their invitees or tenants) incident to the operation of the Association, including, without limitation, officers' and directors' liability insurance. (h) Workers' compensation insurance to the extent necessary to comply with any applicable laws. (i) Such fidelity bonds as may be required by the Bylaws or as the Board may determine to be advisable. Page 18 DRAFT 6) Any other materials, supplies, insurance or property owned by the Association, furniture, labor, services, maintenance, repairs, alterations, taxes or assessments which the Board is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the operation or protection of the Association of for the enforcement of this Declaration. (k) To execute all declarations of ownership for tax assessment purposes and to pay all taxes with regard to the Common Properties. 0) To enter into agreements or contracts with insurance companies, taxing authorities and the holders of mortgage liens on one or more Lots with respect to: (i) taxes on the Common Properties and (ii) insurance coverage of the Common Properties, as they relate to the assessment, collection and disbursement process envisioned in this Declaration. (m) To borrow funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit. (n) To enter into contracts, maintain one or more bank accounts, and generally, to have aU the powers necessary or incidental to the operation and management of the Association and the Common Properties, expressly including the power to enter into management and maintenance contracts. (o) K as, and when the Board, in its sole discretion, deems necessary it may take action to protect or defend the Common Properties from loss or damage by suit or otherwise, to sue or defend in any court of law on behalf of the Association and to provide adequate reserves for repairs and replacements. (p) To make reasonable rules and regulations for the operation and use of the Common Properties and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Members, or, with respect to a rule applicable to less than all of the Properties, by a majority of the Members in the portions affected. (q) Subsequent to incorporation, to make available to each Owner, within one hundred twenty (120) days after the end of each year, an unaudited annual report. - (r) Pursuant to Article VU herein, to adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property; and if proceeds are insufficient to repair damage or replace lot property, to assess the Members in proportionate amounts to cover the deficiency. (s) Ian as and when the Board, in its sole discretion, deems necessary, it may take action to enforce the provisions of this Declaration and any rules made hereunder and to enjoin and/or seek damages from any Owner for violation of such provisions or rules. (t) Fees due to the Community Improvement Association of Trophy CIub. Page 19 DRAfI' 6.02 Board Powers. From and after the date on which the title to the Common Properties has been conveyed to the Association, the Board shall have the exclusive right to contract for all goods, services and insurance, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. 6.03 Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner for the performance by the Association of services which the Board is not otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem property, advisable and in the best interest of the Association. 6.04 Liability Limitations. No Member, officer of the Association or member of the Board of Directors shall be personally liable for debts contracted for, or otherwise incurred by the Association, or for a tort of another Member, whether such other Member was acting on behalf of the Association or otherwise. Neither Declarant, the Association, its directors, officers, agents, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises; improvements or portion thereof or for failure to repair or maintain the same. The Common Properties may be subject to storm water overflow, natural erosion and other natural or man-made events or occurrences to. extents which cannot be defined or controlled. Under no circumstances shall Declarant ever be held liable for any damages or injuries of any ]dud or character or nature whatsoever resulting from: (i) the occurrence of any natural phenomena; (ii) the failure or defect of any structure or structures situated on or within the Common Properties; and (iii) any act, conduct, omission or behavior of any individual, group of individuals, entity or enterprise occurring on, within or related to the Common Properties. 6.05 Reserve Funds. The Board may establish reserve funds, for such purposes as may be determined by the Board, which may be maintained and accounted for separately from other funds maintained for annual operating expenses and may establish separate, irrevocable trust accounts in order to better demonstrate that the amounts deposited therein are capital contributions and are not net income to the Association. Expenditures from any such fund will be made at the direction of the Board. The reserve fund provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and occupants of the subdivision, and maintaining the subdivision and improvements therein, all as may be more specifically authorized from time to time by the Board of Directors. Capital expenditures from this fund may include by way of example, but not be limited to, street, street light and screening wall repair, water features and drainage channel improvements or repair of major damage to the Common Properties not covered by insurance. ARTICLE VH INSURANCE; REPAIR AND RESTORATION 7.01 Right to Purchase Insurance. The Association shall have the right and option to purchase, carry and maintain in force insurance covering any or all portions of the Common Properties, the improvements thereon and appurtenant thereto, for the interest of the Association and of all Member thereof; in such amounts and with such endorsements and coverage as shall be considered good sound Page 20 DRAFT insurance coverage for properties similar in construction, location and use to the subject property. Such insurance may include, but need not be limited to: (a) bisurance against Ioss or damage by fire and hazards covered by a standard extended coverage endorsement in an amount which shall be equal to the maximum insurable replacement value, excluding foundation and excavation costs as determined annually by the insurance carrier. (b) Public liability and property damage insurance on a broad form basis. (c) Fidelity bond for all directors, officers and employees of the Association having control over the receipt or the disbursement of funds in such penal sums as shall be determined by the Association in accordance with its Bylaws. (d) Officers and directors liability insurance. 7.02 Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance carrier to the Association or contractors designated by the Association as the Board of Directors may direct. The Association shall use the net insurance proceeds to repair and replace any damage or destruction of property, real or personal, covered by such insurance. Any balance from the proceeds of insurance paid to the Association, as required in this Article, remaining after satisfactory completion of repair and replacement, shall be retained by the Association as part of a general reserve fund for repair and replacement of the Common Properties, 7.03 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or replace any loss or damage, the Association may levy a special assessment as provided for in. Article V of this Declaration to cover the deficiency. If the insurance proceeds are insufficient to repair or replace any loss or damage for which an Owner is bound hereunder, such Owner shall, as such Owner's undivided responsibility, pay any excess costs of repair or replacement. 7.04 Mortgagee Protection. There may be attached to all policies of insurance against loss or damage by fire and other hazards, a mortgagee's or lender's loss payable clause; provided, however, that amounts payable under such clause to the mortgagee may be paid to the Association to hold for the payment of costs of repair or replacement, subject to the provisions of Section 7.02 hereof. The Association shall be responsible to hold said monies or to collect additional monies if the proceeds are insufficient to pay for the cost of all repairs or replacements and shall ensure that all mechanics', materialmen's and similar liens which may result from said repairs or replacements are satisfied. 7.05 Destruction of )Improvements on Individual Lots. In the event of destruction (total or partial) to the improvements on any individual Lot due to fire or any other cause each Owner covenants and agrees to clear and remove any and all debris resulting from such damage within two (2) months after the date that the damage occurs and to complete all necessary repairs or reconstruction of the damaged improvements within one (1) year after the date that the damage occurs. Page 21 DRAFT ARTICLE VIH USE OF COMMON PROPERTIES The Common Properties may be occupied and used as follows: 8.01 Restricted Actions by Owner. No Owner shall permit anything to be done on or in the Common Properties which would violate any applicable public law or zoning ordinance or which will result in the cancellation of or increase of any insurance carried by the Association. No waste shall be committed in or on the Common Properties. 8.02 Damage to the Common Properties. Each Owner shall be liable to the Association for any damage to the Common Properties caused by the negligence or willful misconduct of the Owner or such Owner's family, guests, pets, tenants or invitees. 8.03 Rules of the Board. All Owners and occupants shall abide by any rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and an Owner determined by judicial action to have violated said rules and regulations shall be liable to the Association for all damages and costs; including reasonable attorney's fees, incurred by the Association in connection therewith. ARTICLE IX USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS The Properties and each Lot situated thereon shall be constructed, developed, reconstructed, repaired, occupied and used as follows; 9.01 Residential Purposes. 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 such Owner's Lot, or permit the same or any part thereof to be used or occupied, for any purpose other than as a private single family detached residence for the Owner or such Owner's 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 any Lot for a duplex apartment, garage apartment, or other apartment use. 9.02 Minimum Lot Area. Each Lot shall contain at least five thousand (5,000) square feet. No Lot shall be resubdivided. 9.03 Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas, exclusive of porches, garages, or breezeways attached to the main dwelling. Each dwelling containing one story constructed on any Lot shall contain a minimum of two thousand (2,000) square feet. Each dwelling containing more than one story constructed on any Lot shall contain a minimum of two thousand five hundred (2,500) square feet, of which not less than sixteen hundred (1,600) square feet shall be covered ground floor area. 9.04 Combining Lots. Any person owning two or more adjoining Lots may consolidate such Lots into a single building location for the purpose of constructing one (1) residential structure thereon (the plans and specifications therefore being approved as set forth in this Declaration) and Page 22 DRAFT such other improvements as are permitted herein; provided, however, any such consolidation must comply with the rules, ordinances and regulation of any governmental authority having jurisdiction over the Properties and the Owner seeking such consolidation shall be solely responsible for any and all costs and expenses of such consolidation, including, but not limited to the costs of replatting governmental fees, and fees for professional services whether incurred by such Owner, Declarant or the Committee. In the event of any such consolidation, the consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of this Declaration; provided, however, such Owner shall continue to pay assessments on such Lots as if such Lots had not been consolidated and shall be entitled to one vote for each Lot (determined prior to such consolidation) owned by such Owner. Any such consolidation shall give consideration to easements as shown and provided for on the Plat and any required abandonment or relocation of any such easements shall require the prior written approval of Declarant as well as the prior written approval of any utility company having the right to the use of such easements, Combining of portions of Lots into a single building site is prohibited. 9.05 Setback Requirements and Building Location. All front, side and rear setbacks must be approved by the Architectural Control Committee, and must meet the requirements of the Town of Trophy Club and the requirements of the Plat. The location of the main residence of each Lot and the facing of the main elevation with respect to the street shall be subject to the written approval of the Architectural Control Committee. No building or structure of any type shall be erected on any Lot nearer to the property lines indicated by the minimum building setback line on the Plat, front livable setback - 15', front garage setback - 20', side setback 5', rear setback 20'. 9.06 Height. No building or structure on any Lot shall contain more than two (2) stories or exceed, in height, thirty-five (35') feet, such height to be measured and determined in accordance with the method approved by the Town of Trophy Club. 9.07 Driveways. Each Lot roust be accessible to the adjoining street by a driveway suitable for such purposes and approved in writing as to design, materials and location by the Architectural Control Committee before the residential structure located on such Lot may be occupied or used. All driveway aprons within the right of way must be constructed using concrete admixtures to match the color of the adjacent street curbs and be in strict compliance with the applicable bulletins issued by the Committee. In addition, the color, finish, and materials for all driveways and sidewalk entries beyond the apron shall be of exposed aggregate concrete. 9.08 Access. No driveways or roadways may be constructed on any Lot to provide access to any adjoining Lot except as expressly provided on the Plat, or otherwise approved in writing by the Architectural Control Committee. 9.09 Drainage. Neither the Declarant not its successors or assigns shall be liable for any loss oC 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 caused by any water levels, rising waters, or drainage water. After the residence to be constructed on a Lot has been substantially completed, the Lot will be graded so that surface water will flow to streets, private drainage systems, drainage easements, or Common Properties, and in conformity with the lot grading plan submitted to the approved by the Committee and the general drainage plans for the subdivision. Page 23 DRAFT 9.10 Retaining Walls. Retaining wall visible from any portion of the Common Properties, shall be restricted to structurally engineered and designed walls made from stone conforming with the guidelines established in the bulletins published by the Committee, It shall be the intent of Declarant. the Association and the Architectural Control. Committee to promote visual continuity in and around the Common Properties. No drains or conduits shall be located within or pass through any retaining wall without the prior written approval of the Committee. in the event (i) the general drainage plan for the subdivision, (ii) the lot grading plan submitted by an Owner for approval by the Committee, or (iii) the Committee after its review of the lot grading plan submitted by an Owner provides for the installation and construction of a retaining wall between two (2) Lots, the Owner on the `high side" shall be responsible for the costs and expenses of constructing and installing such retaining wail, unless otherwise provided in writing by the Committee. 9.11 Mailboxes and Address Plaques. Each Lot shall have a mailbox, constructed of materials identical to those used on the exterior of the residence located on such Lot and shall be subject to the approval of the Committee as to location and design. Address plaques shall be (i) attached to each mailbox, (ii) made of brass, and (iii) installed in the masonry of the mailbox. Any variance to 'these conditions must be approved by the Architectural Control Committee. 9.12 Utilities. Each residence situated on a Lot shall be connected to the water and sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool, or septic tank shall be placed or maintained upon or in any Lot. However, portable toilets will be required during building construction. The installation and use of any propane, butane, LP Gas or other gas tank, bottle or cylinder of any type (except portable gas grills), shall require the prior written approval of the Architectural Control Committee, and, if so approved, the Architectural Control Committee shall require that such tank, bottle or cylinder be installed underground. Any control boxes, valves, connections, utility risers or refilling or refueling devices shall be completely landscaped with shrubbery so as to obscure their visibility from the streets within or adjoining the Properties or from any other Lot. 9.13 Construction Requirements. (a) The exterior surface of all residential dwellings shall be constructed of glass, drivet (or like applications approved by the Town of Trophy Club), stone, brick or other materials approved by the Architectural Control Committee. It is specifically required that the exterior wall area of each residence located within the Properties will have not less than eighty percent (80%) masonry coverage. A minimum of seventy five percent (75%) of the eighty percent (80%) masonry coverage shall be drivet or like application approved by the Town of Trophy Club and a maximum of twenty five percent (25%) of the masonry coverage can be brick, stone or a combination of brick and stone whose color shall be approved by the Architectural Control Committee. The Architectural Control Committee will only approve roofing materials which are of the highest grade and quality and which are consistent with the external design, color and appearance of other improvements within the subdivision. Three hundred (300) pound, thirty (30) year warranty, Timberline composition roofing is the minimum standard of quality for roofing material to be used in the Properties. The roof pitch of any structure shall be 8" x 12" minimum Any deviation of roof pitch must be approved in writing by the Architectural Page 24 DRAFT Control Committee. Exterior paint and stain colors shall be subject to the written approval of the Architectural Control Committee. (b) Each residential structure shall have installed on the outside wall thereof a service riser conduit. No such conduit shall be visible from public streets, Common Properties or adjoillillcy Lots. (c) No above ground -level swimming pools shall be installed on any Lot. (d) 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 factures installed and operations, 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) shall be completed not later than one (1) year following the commencement of construction. For the purposes hereof the ter u "commencement of construction" shall be deemed to mean the date on which the foundation forms are set. (e) No projections of any,type shall be placed or permitted to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks without the written permission of the Architectural Control Committee. (f) No basketball back boards, playhouses or treehouses shall be installed. 9.14 Garages and Servants Quarters. Each residential dwelling erected on any Lot shall provide garage space for a minimum and maximum of two (2) conventional automobiles. Each Lot shall also provide off-street parking for at least two (2) additional automobiles behind the front building setback line. All garage doors shall be equipped with an automatic and remote controlled door opener, and shall be closed at all times when not in use. All garage doors facing a street or any of the Common Properties must be a single bay width and architecturally enhanced through wood materials and detailing. All garage doors shall be recessed a minimum of 18". No more than two (2) garage doors may face the street. Detached garages, servants quarters, and storage rooms must be approved in writing by the Architectural Control Committee. No carport shall be built, placed, constructed or reconstructed on any Lot. As used herein, the term "carport" shall not be deemed to include a porta cochere. No garage shall ever be changed, altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of automobiles, unless a new garage is constructed to meet the requirements of this Section. Porta cocheres must be approved in writing by the Architectural Control Committee. 9.15 Landscaping and Sprinkler System. Any and all plans for the landscaping of front yards and of side yards not enclosed by solid fencing, including alterations, changes or additions thereto, shall be subject to the written approval of the Architectural Control Committee. Each Lot on which a residential swelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to all front yards and all side yards not enclosed by solid fencing. Each Lot shall be planted with at least eight (8) caliper inches of trees; provided, however, any tree used to satisfy this requirement shall contain at least three and one half (3 1/2) caliper inches. Preservations of existing trees is encouraged and credit may be given toward the planting Page 25 DRAFT requirements for trees preserved in a healthy condition. A minimum of ten feet (10') of existing trees shall be maintained at the rear of each Lot as a buffer. Existing trees may be pruned and under brush cleaned but no landscaping other than sod or groundcover shall be permitted under the tree canopy and no irrigation may be installed or directed toward the tree buffer. The grass in all front yards shall be solid sod common bermuda grass, unless otherwise approved in writing by the Committee. All common area and landscape easement areas must use plants from the recommended plant list designated in the design standards. 9.16 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot without the prior written approval of the Architectural Control Committee and the design of and materials used in the construction of fences shall be subject to the prior written approval of the Architectural Control Committee. (a) Front Yard Fencing. Fencing will be allowed to extend from the perimeter 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. All gates shall be ornamental iron. (b) Side Yard Fencing. Fencing between Lots shall be of wood material, provided that such wood fence is of treated wood or cedar stained to match the perimeter wood fence, has slats six (6) inches wide which are installed vertically only (not horizontally or diagonally), is no higher than six (6) feet. (c) Side or rear Yard Fencing. Visible from Streets (i.e. Comer Lots). Fencing shall be constructed as noted in Subparagraph (b) above, however, columns must be built with maximum spacing of twelve (12) feet from column center to column center and the brick or stone must be identical to the brick or stone used in constructing the fence located on Trophy Wood Drive and the wood shall be stained in accordance with the bulletins published by the Architectural Control Committee on any surface facing a street, Common Properties, or adjoining Lot. (d) Perimeter Fence. (i) Trophy Wood. All fencing along Trophy Wood Drive (Block 1 Lots 1 and 22; Block 2 Lots 1, 20, 21 and 22) shall be eight feet (8') in height and shall be constructed of an engineered Austin Stone Wall. (ii) Southern Perimeter Fence. All fencing adjacent to the commercial property to the south (Block 1 Lots 13, 14, 15, 16, 17, 18, 19, 20 and 21; Block 2 Lots 11, 12, 13, 14, 15, 16, 17, 18 and 19) shall be eight feet (8') in height and shall be constructed of 8' treated wood or cedar (stained) with eight foot (8) Austin Stone columns at corners. (iii) T.W. King Fence. All fencing adjacent to T.W. King Road on the east (Block 2 Lots 8, 9, 10 and 11) shall be eight feet (8') in height and shall, be constructed of 8' treated wood or cedar (stained) with eight foot (8') Austin Stone columns at lot corners. Page 26 DRAFT (iv) Fencing adjacent to existing Lots. All fencing adjacent to existing lots to the North and West (Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Block 2 Lots 1, 2, 3, d, 5, 6 and 7) shall be six feet (6') in height and shall be constructed of 3' treated wood or cedar (stained) with six foot (6') Austin stone columns at lot comers. (v) 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 will be by card access; visitors by electronic call box; exiting by pressure sensitive strips in the pavement. Emergency personnel and law enforcement personnel will be by access card or in case of access failure, emergency pull box. The Architectural Control Committee shall promulgate specific Design Guidelines governing the composition, location and appearance of screening walls, fences and hedges to be located on the Lots. 9.17 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. If the Owner fails to make such provisions, the Association may do so and assess the costs thereof to the Owner. Each and every Owner shallobserve and comply with any and all regulations or requirements promulgated by the town of Trophy Club, Texas, and/or the Association , 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 which shall be constructed of metal or plastic, with tightly - fitting lids, or other 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 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 the materials shall either be 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. 9.18 Exterior Lighting. No exterior lighting, including landscape lighting, shall be installed or maintained on any Lot without prior written approval of the Architectural Control Committee. Further, and notwithstanding such prior written approval, upon being given notice by the Architectural Control Committee that any exterior light is objectionable, the Owner of the Lot on which same is located will immediately remove said light or shield the same in such a way that it is no longer objectionable. 9.19 Window Coolers. No window or wall type air -conditioners or water coolers shall be permitted to be used, erected, placed or maintained on or in any residential building on any part of the Properties. 9.20 Antennas Restrictions. No radio or television aerial wires or antennas shall be maintained on the outside of any building nor shall any free standing antennas of any style be permitted. All radio Page 27 DRAFT or television aerial wires or antennas must be built within the main structure and must not be visible from outside of such structure. No satellite dish shall be permitted over 24" in diameter. 9.21 Solar Panels. No solar panels shall be permitted on the roof of any structure constructed on any Lot. 9.22 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 Declarant 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. Such facilities may include, but not necessarily limited to, a temporary sales or construction office or model home during the period of and in connection with the construction and sales operations on the Properties, but in no event shall the Declarant have such right for a period in excess of that permitted by the Town of Trophy Club. Any truck, bus, boat, boat trailer, 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. 9.23 Parking. Ott -street parking is restricted to approved deliveries, pick-up or short -time guests and invitees and shall be subject to such reasonable rules and regulations as shall be adopted by the Board of Directors. Parking in driveways behind the front building setback line is permitted. 9.24 Signs. No signs or flags shall be displayed to the public view on any Lot without the prior written approval of the Architectural Control Committee, with the following exceptions: (i) Declarant 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 Declarant or Owners. Notwithstanding anything herein contained to the contrary, any and all signs, if allowed, shall comply with all sign standards of the Town of Trophy Club, Texas, as such standards may be applicable to the Properties. 9.25 Removal of Dirt. The digging of dirt of the removal of any dirt from any Lot is prohibited, except as necessary in conjunction with landscaping or construction of improvements thereon. Any dirt removed from a Lot shall be deposited in a location outside the subdivision. Minimum finished floor elevations established on the Plat shall be maintained. 9.26 Drilling and Mining Operations. No oil drilling, water 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 , water wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any Lot. 9.27 Offensive Activities. No noxious or offensive activity shall be conducted on any Lot nor shall anything be done thereon which is or may become an annoyance or nuisance to the other Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept on any residential Page 28 DRAFT' Lot, except dogs, cats or other household pets [not to exceed three (3) adult animals] may be kept, provided that they are not kept, bred or maintained for commercial purposes. 9.28 Swimming. No wading or swimming shall be allowed in any water feature or drainage way situated within the Common Properties. 9.29 Duty of Maintenance. (a) Owners and occupants (including leasees) of any Lot shall, jointly and severally, have the duty and responsibility, at their sole cost and expense, to keep the Lot so owned or occupied, including buildings, improvements, grounds or drainage easements or other rights - of -way appurtenant thereto, and vacant land, in a well -maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following; (i) Prompt removal of all litter, trash, refuge and waste; (ii) Lawn mowing on a regular basis; '(iii) Tree and shrub pruning; (iv) Watering landscaped areas; (v) Keeping exterior lighting and maintenance facilities in working order; (vi) Keeping lawn and garden areas alive, free of weeds, and attractive; (vii) Keeping parking areas, driveways, curbs and roads in good repair; (viii) Complying with, all government health and police requirements; (ix) Repair of exterior damages to improvements; (x) Cleaning of landscaped areas lying between street curbs and Lot lines, unless such streets or landscaped areas are expressly designated to be Common Properties maintained by applicable governmental authorities or the Association; and (xi) Repainting of improvements. (b) 14 in the opinion of the Association., any such Owner or occupant has failed in any of the foregoing duties or responsibilities, then the association may give such person written notice of such failure and such person must within ten (lq) days after receiving such notice, perform, the repairs and maintenance or make arrangements with the Association for making the repairs and maintenance required. Should any such person fail to fi fill this duty and responsibility within such period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform such repair and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. Page 29 DRAFT (c) Notwithstanding the provisions of Section 9.27 b above, if at any time, an Owner shall fail to control weeds, grass and/or other unsightly growth, the Association shall have the authority and right to go onto the Lot of such Owner for the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect from the Owner of said Lot a sum equal to two (2) times the cost of the Association for snowing or cleaning said Lot on each respective occasion of such mowing or cleaning. 1£, at any time, weeds or other unsightly growth on the Lot exceed six inches (6") in height, the Association shall have the right and authority to mow and clean the Lot, as aforesaid. (d) The Owners and occupants (including lessees) of any Lot on which work is performed pursuant to Sections 9.27 b and c above shall, jointly and severally, be liable for the cost of such work (such --costs constituting a special individual assessment as specified in Section 5.05(b) hereof) and shall promptly reimburse the Association for such cost. If such Owner or occupant shall fail to reimburse the Association for such cost. If such Owner or occupant shall fail to reimburse the Association within thirty (30) days after receipt of a statement for such work from the Association, then said indebtedness shall be a debt of all said persons; jointly and severally, and shall constitute alien against that portion of the Properties on which said work was performed. Such lien shall have the same attributes as the lien or assessments and special assessments set forth in this Declaration, and the Association shall have the identical powers and rights in all respects, including but not limited to the -right of foreclosure. 9.30 Maintenance of Common Properties. The Common Properties (including landscaping comprising portion of the Common Properties) are described, in part, on Exhibit `B" attached hereto. All landscaping and improvements placed or erected on the Properties by Declarant and identified on Exhibit `B" shall be owned and maintained by the Association. 9.31 Tennis Courts. No tennis courts or batting cages shall be erected, placed or altered on any Lot. 9.32 Building Permits. No Owner shall commence construction of any improvements on the Lot owned by such Owner until the plans and specifications for the improvements to be constructed have been approved by the Architectural Control Committee in accordance with Article X of the Declaration and the Owner has obtained a building permit from the appropriate governmental authorities allowing the construction of such improvements. 9.33 Garages Sales. No garage sales shall be permitted. ARTICLE X ARCMTECTURAL CONTROL COMMITTEE 10.01 Architectural Control Committee. As long as Declarant holds title to any of the lots, the Architectural Control Committee, hereinafter called the "Committee", shall be composed of three (3) or more individuals selected and appointed by the Declarant. At such time a Declarant is no longer a Class B Member as provided in Section 3.02 above, the Committee shall be composed of such individuals selected by vote of the Members taken in accordance with Section 3.03 hereof The Committee shall use its best efforts to promote and ensure a high level of quality, harmony and Page 30 DRAFT conformity throughout the Properties. The Committee shall function as the representative of the Owners 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. A majority of the Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Committee, the remaining members shall have full authority to designate and appoint a successor. No member of the Committee, nor their designated representative, shall be entitled to any compensation for services performed hereunder nor be liable for claims, causes of action or damages (except where occasioned by gross negligence or arbitrary and capricious conduct) arising out of services performed, actions taken or inaction in connection with any undertaking, responsibility, or activity hereunder or request for action hereunder. At any time the Declarant may delegate and assign to the Board of Directors, all of the Declarant's power and right to change the membership of the Committee, to withdraw or add powers and duties from or to the committee, or to restore the powers and duties of the Committee. Such action by the Declarant shall be effective upon recordation of a written instrument properly reflecting same in the Office of the County Clerk of Denton County, Texas. 10.02 Architectural Approval. No building, structure, fence, wall or improvement of any kind or nature shall be erected, constructed, placed, altered, changed or modified on any Lot until the plot plan showing the location of such building, structure, paving or improvement, construction pians and specifications thereof and landscaping and grading plans therefor have been submitted to and approved in writing by the Committee as to: (I) location with respect to Lot lines; topography; finished grades elevation; effect of location and use on neighboring Lots and improvements situated thereon; and any drainage arrangement, (ii) conformity and harmony of external design, color, texture, type and appearance of exterior surfaces and landscaping with existing structures and existing landscaping, (iii) quality of workmanship and materials; adequacy of site dimensions; adequacy of structural design; proper facing of main elevation with respect to nearby streets; and (iv) the other standards set forth within this Declaration (and any amendments hereto) or as may be set forth in bulletins promulgated by the Committee. The Committee is authorized to request the submission of samples of proposed construction materials or colors of proposed exterior surfaces. As long as Declarant holds title io any of the Lots, the Committee shall also approve, in writing, the individual or entity that will construct the single-family residence on any such Lot. Final plans and specifications shall be submitted in duplicate to the Committee for approval or disapproval- At such time as the plans and specifications meet the approval of the Committee one complete set of plans and specifications will be retained by the Committee and the other complete set of plans will be marked "Approved" and returned to the Owner. If found not to be in compliance with these Covenants and Restrictions, one set of such plans and specifications shall be returned marked `Thsapproved", accompanied by a reasonable statement of items found not to comply with these Covenants and Restrictions. Any modification or change to the approved set of plans and specifications which materially affects items (I) through (iv) of the preceding paragraph must again be submitted to the Committee for its inspection and approval. The Committee's approval or disapproval as required herein shall be in writing. If the Committee or its designated representative fails to approve or disapprove such plans and specifications within thirty (30) days after they have been submitted, then Committee approval shall be presumed. The Committee is authorized and empowered to consider and review any and all aspects of dwelling construction, construction of other improvements and location, quality and quantity of landscaping on Page 31 DRAFC the Lots, and may disapprove aspects thereof which may, in the reasonable opinion of the Committee, adversely affect the living enjoyment of one or more Owner(s) or the general value of the Properties. As an example, and not by way of limitation, the Committee may impose limits upon the location of window areas of one residential dwelling which would overlook the enclosed patio area of an adjacent residential dwelling. Also, the Committee is permitted to consider technological advances in design and materials and such comparable or alternative techniques, methods or materials may or may not be permitted, in accordance with the reasonable opinion of the Committee. The Committee may, from time to time, publish and promulgate architectural standards bulletins which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. Such bulletins shall supplement these Covenants and Restrictions and are incorporated herein by reference. The Committee shall have the authority to make final decisions in interpreting the general intent, effect and purpose of these Covenants and Restrictions. It is the intent of Declarant that these Covenants and Restrictions and any bulletins issued by the Committee promote harmonious design throughout the Properties. However, approval of the plan and specifications by the Committee and compliance with the bulletins issued by the Committee does not insure compliance with the building code and other restrictions imposed by the applicable governmental authorities nor does it insure backyard privacy. 10.03 Nonconforming and Unapproved Improvements. The Association may require any Owner to restore such Owner's improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved improvement) if such improvements were commenced or constructed in violation of this Declaration. In addition, the Association may, but has no obligation to do so, cause such restoration, demolition and removal and levy the amount of the cost thereof as a special individual assessment against the Lot upon which such improvements were commenced or constructed. 10.04 No Liability. Neither Declarant, the Association, the Committee, the Board, nor the officers, directors, members, employees and agents of any of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner by reason of mistake in judgment, negligence, or. nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant, the Association, the Committee, the Board, or the officers, directors, members, employees or agents of any of them, to recover any such damages and hereby releases and quitclaims all claims, demands and causes of action arising out of or in connection with any judgment, negligence or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands and causes of action not known at the time the release is given. Plans and specifications are not approved for engineering or structural design or adequacy of materials, and by approving such plans and specifications neither the Committee, the members of the Committee, the Declarant nor the Association assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Page 32 DRAFr ARTICLE XI EASEMENTS 11.01 Ingress and Egress by the Association. The Association shall, at all tunes. have full rights of ingress and egress over and upon each Lot for the maintenance and repair of each Lot and the Common Properties in accordance with the provisions hereof and for the carrying out by the Association of its functions, duties and obligations hereunder; provided, that any such entry by the Association upon any Lot shall be made with, as little inconvenience to the Owner as practical, and any damage caused by the Association's entry, other than damages caused by the Owner, shall be repaired by the Association at the expense of the Association. 11.02 General. The rights and duties of the Owners with respect to sanitary sewer, water, electricity, natural gas, telephone and cable television lines and drainage facilities shall be governed by the following: (a) Wherever (i) sanitary sewer or water service connections, (ii) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities are installed within the Properties, which connections, lines or facilities or any portion thereof lie in or upon Lots owned by any party other than the Owner of a Lot served by said connections, lines or facilities, such Owners of Lots served shall have the right and are hereby granted an easement to the hill extent necessary therefore, to enter upon the Lots within or upon which said connections, lines or facilities or any portion thereof he to repair, replace and generally maintain said connections, lines or facilities as and when the same may be necessary. (b) Wherever W sanitary sewer or water service connections, (H) natural gas, electricity, telephone or cable television lines, or (iii) drainage facilities are installed within the Properties, which connections, lines or facilities serve more than one Lot, the Owner of each Lot served by said connections, lines or facilities shall be entitled to the full use and enjoyment of such portions of said connections, lines or facilities which service such Owner's Lot. 11.03 Reservation of Easements. Easements over the Lots and Common Properties for the installation and maintenance of electric, telephone, cable television, water, gas and sanitary sewer lines and drainage facilities are hereby reserved by the Association together with the right to grant and transfer same. 11.04 Surface Areas of Utility Easements. Easements for installation and maintenance of utilities are reserved as shown and provided for on the Plat. Underground electric, storm sewer, sanitary sewer, water, natural gas and telephone service shall be available to all Lots in the subdivision. Easements for the underground service may be crossed by driveways, walkways, patios, brick walls and fences, provided the Declarant or builder makes prior arrangements with the utility companies furnishing electric, storm sewer, sanitary sewer, water, natural gas and telephone service and provides and installs any necessary conduit of approved type and size under such driveways, walkways, patios, brick walls or fences prior to construction thereof Such easements for the underground service shall be kept clear of all other improvements, and neither the grantee nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees or servants, to shrubbery, trees, flowers or other improvements (other than for damages caused in crossing driveways, walkways, patios, brick walls or fences, providing conduit has been Page 33 DRAFT installed as outlined above) of the Owner located on the Lot covered by said easements. In addition_ the utility easements shall not be used as alleyways. 11.05 Emergency and Service Vehicles. An easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles and other service vehicles to enter upon the Common Properties, including but not limited to private streets, in the performance of their duties: and further, an easement is hereby granted to the Association, its officers, directors, agents, employees and management personnel to enter the Common Properties to render any service. 11.06 Universal Easement. The Owner of each Lot (including Declarant so long as Declarant is the Owner of any Lot) is hereby granted an easement not to exceed one (1.) foot in width over all adjoining Lots and Common Properties for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to wfl f d misconduct of said Owner or Owners. Each of the easements hereinabove referred to shall be deemed to be established upon the recordation of this Declarant and shall be appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot. 11.07 Wall and Landscape Easement. An easement of varying width has been established on the Plat for the maintenance and repair of the perimeter screening wall and the associated landscape and irrigation. Owners shall not alter, paint or otherwise use such walls even though such walls and easements may be located on or adjacent to such Owner's Lot. ARTICLE X1I GENERAL PROVISIONS 12-01 Duration. The Covenants and Restrictions of this Declaration shall run with and bind the land subject to this Declarant, and shall inure to the benefit of and be enforceable by the Association and/or any Owner, their respective legal representatives, heirs, successors and assigns, for a term of thirty-five (35) years from the date that this Declaration is recorded in the Office of the County Clerk of Denton County, Texas, after which time these Covenants and Restrictions shall be automatically extended for successive periods often (10) years unless an instrument signed by the Members entitled to cast seventy percent (70%) of the votes of the Association, in the aggregate, regardless of class, has been recorded in the Office of the County Clerk of Denton County, Texas, agreeing to abolish or terminate these Covenants and Restrictions, provided, however, that no such agreements to abolish shall be effective unless made and recorded on (1) year in advance of the effective date of such abolishment. 12.02 Amendments. Notwithstanding the terms and provisions of Section 12.01 hereof; this Declaration may be amended, modified and/or changed as follows: (a) during the time Declarant is a Class B Member as provided in Section 3.02 above, the Declarant may amend or change this Declaration with the consent of at Ieast fifty-one percent (51%) of the outstanding votes of all Members of the Association, regardless of class; Page 34 DRAFT (b) in all other situations, this Declaration may be amended or changed upon the express written consent of at least seventy percent (70%) of a, quorum of the outstanding votes of all Members of the Association regardless of class. Any and all amendments to this Declaration, shall be recorded in the Office of the County_ Clerk of Denton County, Texas. Notwithstanding the prior provisions of this Section 12.02, the Declarant may execute and record amendments to this Declaration without such consent or approval if the amendment is for the purpose correcting technical or typographical errors or for clarification only. 12.03 Enforcement. Enforcement of these Covenants and Restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate them, or to recover damages, or to enforce any lien created by these Covenants and Restrictions; and failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 12.04 Severability. Invalidation of any one of these Covenants and Restrictions by judgment or court order shall in no wise affect any other provision of this Declaration or the remainder of these Covenants and Restrictions which shall remain in full force and effect. 12.05 Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. 12.06 Notices to Member/Owner. Any notice required to be given to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the United States mail, postage prepaid, addressed to the last known address of the person who appears as a Member or Owner on the records of the Association at the time of such mailing. 12.07 Notices to Mortgagees. If holder of a mortgage on a Lot shall notify the Association of its address and the identity of the Lot and Owner covered by and granting such mortgage, then such holder(s) shall be entitled to receive, written notification from the Association of any default by the respective Owner in the performance of such Owner's obligations as established by this Declaration. 12.08 Disputes. Matters of dispute or disagreement between Owners with respect to interpretation or application of the provisions of this Declaration or the Bylaws of the Association shall be determined by the Board of Directors, whose determination shall be final and binding upon all Owners. Page 35 DRAFT 12.09 Termination of and Responsibility of Declarant. If Declarant shall convey all of its right, title and interest in and to the Properties and assign all its rights, benefits and obligations as Declarant hereunder to any partnership, individual or individuals, corporation or corporations, then and in such event Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as of the day of , 199 . OAKMONT ENTERPRISES, INC. (DECLARANT) Cyrus H. Holley CHIEF EXECUTIVE OFFICER Page 35 DRAFT COMMON PROPERTIES Common Areas. Any improvements and/or landscaping installed or to be installed by Declarant within the Common Areas shown on the plat of the properties. Such improvements may include byway of example, but not be limited to: controlled access system (including all appurtenant structures, mechanical systems, and electrical systems), street paving (including subbase, poured in place concrete, and concrete pavers), street lights, retaining walls, sidewalks, landscape and irrigation. Public Rights of Way. Any improvements and/or landscaping installed or to be installed by the Declarant within the following public rights of way, where such rights of way abut the plat of the properties. Screenin Wall. Any masonry screening wall or ornamental metal fencing within the wall easements or common areas, shown on the plat of the properties. Note: Public utilities within the common properties and private street and utility easements are specifically excluded from the definition of the common properties, including: (i) storm drainage systems, which shall be owned and maintained by the Town of Trophy Club, sanitary sewer systems, and water distribution systems, which shall be owned and maintained by the Denton County Municipal Utility District No. 1, (ii) electrical distribution systems, which shall be owned and maintained by Tri County Electric, (iii) natural gas distribution systems, which shall be owned and maintained by Lone Star Gas Co., (iv) telephone systems, which shall be owned and maintained by Southwestern Bell Telephone, Inc., (v) cable television systems, which shall be owned and maintained by the cable television franchise. Page 38 DRAFT EYHIB 1T C DESIGN GUIDELINES L INTRODUCTION AND PURPOSE The Villas of Trophy Club is a masterplanned gated residential neighborhood which blends the emsting site amenities with a unique site design to create a lasting and quality lifestyle environment. The esisting vegetation, topography and site lines are integrated into a unified residential development which focuses around central amenity areas. The purpose for the PD Ordinance Guidelines is to establish a unified framework for development which provides the following: A Consistent Identity. All design elements are planned and coordinated to provide a visually consistent and superior project. Protection of the Project Character. Enforcement of the design guidelines will insure the protection of the design intent and will optimize property values. Quality Living Environment. The continuous maintenance of the project and enforcement of the guidelines will provide a safe, healthy, and visually unique neighborhood. These guidelines will be used by the Architectural Review Committee to review the building and landscape plans, which are required by the Covenants and Restrictions associated with this project. No construction is allowed within this project without the written approval of the Architectural Review Committee, II. DESIGN STANDARDS Landscape Easements. The common open space is protected and maintained by the Homeowners Association_ The responsibilities of this association are defined in the Covenants and Restrictions placed on this property. The landscape easement is the area located between the building line and the right of way line along all private streets. This easement will be developed in the following manner to protect site lines to the amenity areas and to provide a consistent image for the project. It is maintained by the Homeowners Association. • All trees shrubs and ground cover shall be from the recommended plant list. • No trees shall be planted within 15' of street lights. • No hedges shall be higher than 36" within this easement. • The landscape development within this easement shall include a minimum tree planting ratio of one large shade tree per 1000 square feet of easement and a minimum of 25% of Page 39 DRAFT the landscaped easement area shall be planted in shrub and groundcover beds. (See the recommended plant list for plant species.) • Mail boxes shall be located according to the Trophy Club requirements. All mail boxes for the development shall be a consistent type, size and material as approved by the Architectural Review Committee (ARC). • Yard lighting placed within this easement shall be of the same character and style as the project lights and are subject to review by the ARC prior to installation. All lights must produce white light. Plant Material. Preservation of existing plant material is essential to preserve the natural beauty of the project. A site plan that accurately locates, identifies, and sizes all existing trees shall be submitted to the ARC. The ARC will then review the procedures proposed by the builder to save the existing trees. Construction may not begin until this site plan has been approved in writing by the ARC. The following list of guidelines to avoid specified hazards to existing plant material, shall be closely followed: • No burning of trash under the canopy of a tree. • No excessive pedestrian traffic under the tree canopy. • No equipment is allowed within 5' of the tree canopy. • No changes in grade shall occur under the canopy of a tree. Proposed plant materials to be used in the landscape easement shall come from the recommended plant list. This plant list indicates plant type and minimum acceptable size. These materials were chosen based on their outstanding short term and long term quality and their ability to coexist with the existing plant materials. All trees shall be kept vertical after planting by staking and guying or by other approved methods. Each plant shall be pruned to enhance its immediate appearance and to promote its natural growth habit. Seasonal Accent Plantings. Ornamental flowers will be used at special points of interest such as project and building entries. Areas designated for seasonal plantings shall be consistently planted at all times of the year with plantings that are at their peak color performance. Seasonal areas should have a plant change out a minimum of four times per year. Seasonal areas should not be void of plant material for more than one week at any time. Turf. All lawn areas must be sodded on a minimum of 2" of sandy loam topsoil. The standard perennial turf grasses shall be common Bermuda. Page 40 DRAFT All plants shall be healthy exhibiting vigorous growth free of pests and diseases and have healthy root systems. All balled and burlapped plants shall have the root ball of solid firm earth without breaks or crushed areas. Container plants shall not be root bound. All plant dimensions in caliper, root spread, canopy size and overall plant quality shall be determined by the latest edition of "American Standards for Nursery Stock" published by the American Association of Nurserymen. Soil testing from a testing lab or university cooperative shall be done and the soil amended as necessary. All plantings shall be fertilized, mulched and watered immediately after planting. Irriyation. The residential parcel developer is responsible for designing and installing an automatic irrigation system for all landscaped areas within that parcel. The irrigation system will provide 100% coverage of all landscaped areas within the parcel. Performance Standards: • Reeving under parking areas, drives, walks, and walls shall be PVC schedule 40 and conform to ASTM D-1785. • The backflow prevention device shall be a double-check valve assembly installed in a box below grade according to the Trophy Club Plumbing Code. • All valves shall be installed in valve boxes which may be plastic or concrete in lawn areas and cast iron or concrete in vehicular traffic areas. • Automatic controllers shall be placed indoors to prevent vandalism. Grading and Drainage. Minimize grading to preserve existing plant material and to maintain natural drainage patterns. Erosion control measures must be implemented both during and after construction to protect the common open space and adjacent homeowners. Temporary erosion control measures must be carefully planned prior to ground breaking and implemented prior to any ground disturbance. Temporary erosion control may involve construction of temporary berms, dams, sediment basins, silt fences, mats, seeding or other control devices necessary to successfully prevent erosion. Once construction is complete, all areas of the site must be stabilized by a method acceptable to the ARC. Pedestrian walk shall hold to a 4% maximum gradient or a 1% cross slope. Slopes for drives and parking areas shall be a minimum of 1.5% but should not exceed 5%. Landscaped areas shall be graded to drain away from all structures and shall slope to parking areas, drives lawn (area) drains, or catch basins. The minimum slope for a landscaped area shall be 2% and the maximum slope shall no exceed 3:1. Page 41 DRAFT Screening, Walls and „Fences. The screening requirements are designed to protect the visual integrity of the project. • Shield all unsightly areas from public view such as trash containers, service areas, pool equipment, utilities, heating equipment, ventilating and air conditioning equipment. Shielding can be accomplished with landscaping, fences or walls. • All walls shall be masonry and subject to approval by the ARC. All wood fences shall be constructed with metal support posts and treated wood. • All fenced shall conform with the height and material requirements of the Covenants and Deed Restrictions. Building Design and Materials Control. The building size shall be a minimum of 1,600 square feet excluding the garage, Building locations shall respond to all setback requirements listed on the Final Plat and the Planned Development Ordinance. The building height shall not exceed 35' for a two story home. Parking requirements are more than fulfilled by onsite and common area visitor parking. The architectural treatment shall be as follows: • The facade shall be consistent with the traditional French Chateau project character and is subject to approval by the ARC. • The roof design shall have a minimum 8:12 pitch. Eaves and overhangs are encouraged for shade. Skylights and clerestories are encouraged. • Chimneys shall use materials compatible with the buildings. No wood or metal chimneys are permitted. • The building materials shall consist of masonry over 80% of the elevations. No spotted bricks are permitted and all brick colors shall be medium to dark colored reds. The brick type can be antique to traditional. Wood trim is acceptable if necessary to enhance the facade. • The roofing material shall be 300 pound, 30 year warranty Timberline composition shingle. Page 42 DRAM' • All house address plates shall be consistent in material and location throughout the development. Address plates shall be cast bronze with polished letters and border with a black background. Paving Driveways and Walks). Driveways shall be exposed aggregate concrete. Walkways shall be exposed aggregate concrete. Landscape Maintenance. It is the intent of the project developer to maintain visual uniformity and quality in the landscape. In order to achieve this goal and for the protection of the individual parcel developers it is important that certain minimums in maintenance of the landscape be followed. The minimum requirements are as follows: Trees. Newly planted trees should be pruned once per year for the first five years to enhance natural growth and to remove dead wood. Established trees shall be pruned after completion of construction, removing dead wood and to promote natural growth. Established trees should then be pruned as necessary to provide clearance for pedestrians and vehicles as well as to promote vigorous growth. Sucker growth shall be removed from all trees as it occurs. Trees shall be fertilized on a regular basis to maintain a healthy appearance and to provide nutrients lacking in the soil necessary to sustain vigorous growth , except native trees. Trees shall be watered a minimum of one time per month at a rate equal to 1 inch rainfall per week, except native trees. Shrubs and Groundcover. All shrubs are to be pruned as necessary to keep a neat appearance. Shrubs shall be pruned according to proper horticultural practice. Leafy or grasslike groundcovers should be mechanically or hand pruned each spring to promote vigorous growth throughout the growing season. Juniper groundcovers should be pluck -pruned by hand as necessary. All shrubs and groundcover should be fertilized t least twice per year to promote healthy appearance and vigorous growth. All shrubs and groundcover shall be watered frequently during the growing season at a rate equal to 1-inch rainfall per week During the winter months all plants should be watered a minimum of once per week at a rate equal to .30 inches of rainfall per week. All shrubs and groundcover beds shall be cultivated and weeded regularly to maintain a weed free appearance at all times. Lawns. All lawns are to be mowed to maintain a P- 2" grass height. The frequency of mowings should be such that not more than 30% of the leaf blade is removed in a single cutting. Edging along Page 43 DRAFT all paved surfaces and triuuning along walls, fences, trees and all other vertical objects shall be done in conjunction with each mowing. Note: Monofilament trimming should not be done against trees. All lawn grasses shall be fertilized a minimum of three times per year to maintain a healthy, vigorously growing lawn. All lawns shall be watered frequently at a rate of 1 inch of rainfall per week. All lawns shall receive herbicide treatments and/or hand weeding as necessary to -maintain a weed free appearance at all times. Seasonal Accent Plantings. All areas designated for seasonal planting shall receive a change in plant material a minimum of four times per year; using only plants that are at their peak color performance. All seasonal plantings shall be watered, fertilized and weeded at the same rates as shrub and groundcover plantings. Irrigation System. The irrigation system shall be frequently inspected and kept in top working condition. Any deficient or damaged equipment shall be replaced immediately so that the plant materials do not suffer and water is not improperly distributed. Miscellaneous. Pest Control. A regular program of pest control measures should be incorporated into the maintenance program to keep the entire landscape free of pests that are damaging to plant materials_ Landscape Structures. Should any damage or deterioration occur to any landscape structure such as fences, walls, tree wells, etc., then, damaged structures must be repaired immediately. Litter Control. All exterior areas of the development parcel shall be kept free of litter at all times. Page 44 DRAFT CIOO li p < V) x W u., � C) < u bo Q 06�L. Wr H 54, ink J1 Fi 1'i V; W.I I'j W, IN r 16 In z Y.W u c Z z < L, Go C= LIJ EL w EL 0 01 CY) LL 0 LIJ OrWdAr WEIN EXHIBIT F APPROVED PLANT LIST Large Shade Trees Minimum Size Pecan 3 1/2 " - 4 " Honey Locust 3 1/2 " - 411 Sweetgiun 3 1/2 " - 4 " Southern Red Oak 4 " - 4 1/2 " Bur Oak 3 1/2 " - 411 Water Oak 3 1/2 " - 411 Shumard Oak 4 " - 4 1/2 " Live Oak 4 " - 4 1/2 " Bald Cypress 3 1/2 " - 4 " Cedar Elm 4 " - 4 1 /2 " Loblolly Pine 3 1/2 " - 4 „ EIderica Pine 3 1/2 " - 4 " Japanese Black Pine 3 1/2 " - 4 " Small Accent Trees Minimum Size White Redbud T Height Oklahoma 7' Height Deciduous Yaupon T Height Yaupon Holly T Height Crapemyrtle T Height Flowering Crabapple T Height Bradford Pear T Height Texas Mountain Laurel T Heigh.t Note: Caliper measurements shall be measured 12" above the top of the ball of the plant. DRAFT APPROVED PLANT LIST (continued) Shrubs Minimum Size Azalea Species 3 Gallon Kurume Hybrid Glendale Hydrid Mentor Barberry 3 Gallon Japanese Cleyera 3 Gallon Cotoneaster parneyi 3 Gallon. Thorny Elaeagnus 3 Gallon Burford Holly 2 Gallon Dwarf Burford Holly 2 Gallon Dwarf Chinese Holly 2 Gallon Dwarf Yaupon Holly 2 Gallon Leatherleaf Mahonia 3 Gallon Nandina 3 Gallon Dwarf Nandina 'Purpu re 2 Galion Indian Hawthorn 3 Gallon Standard: 'Jack Evans' or 'Springtime' Dwarf 'Enchantrees' or 'Ballerina' DRAFT Groundcover Minimum Size English Ivy 4" Pot Blue Pacific Juniper 1 Gallon Bar Harbor Juniper 1 Gallon Wilton Juniper I Gallon Big Blue Liriope 4" Pot Purple Japanese Honeysuckle 4" Pot Mondo Grass 4" Pot Asian Jasmine 4" Pot Vines Minimum Size Carolina Jessamine 2 Gallon Coral Honeysuckle 2 Gallon Virginia Creeper l Gallon Boston Ivy I Gallon Lady Banks Rose 2 Gallon Chinese Wisteria 5 Gallon n VAIN TREE. -A OLD TOWN A850-SR itll'UN-A \9S805-A A modern replica of a very popular fixture found on the Main streets of many towns across America. Our updated version is made of vandal resistant cast aluminum and acrylic lenses in your choice of texture. With refractors, reflectors and HID lamping, you'll have the very best of yesterday and today, The MS805-A scales 16"(17'fi' on diagonal)08". Also available as MS805- B (not shown). The same fixture without the decorative "spikes" scales 1516"(17" on diagonal)08". MV HPS MH A850-SR Shown with our distinctrvc, optional, solid roof fur added elegance and reduced side glare and up -light. Specify A850 for globe without solid roof. Scales a very impressive 1 Gib"x30" in laugh aluminum and glasslike lycubonate (Lexan). Shown here in a lack finish, this fixture is normally welded to the top of our pules for maximum safety, however, it can be supplied as a slip -fit unit for concrete, wood poles, Cie. See pages 45 and 51 for installation photos. 1130-A Our Verde Green finish is used un a rugged lixlure Willi classic design, tough polycarbonale "globe". vandal resiSl:uit cast aluminum cnuslrucliun, reduced glare optics and integral holl;ast. The A model scales an ample 18" x35" while the RIVON-lt (#1130-I1 .Shown on page 3(1) has a raised rout' Sectiml and %t:alCS 18"x40". Either of the fixtures are available for use an C'0I1CrC1e nr wu)d poles. See page 13 fur installion photos. 100, 175 or 250 waits 175 or 250 watts 100. 175 or 250 walls 70.100, 150 or 250 watts 70. 100 or 150 watts 70, 100 or 150 walls 100, 175.or 250 watts 100,175 or 250 watts 70, 100 or 175 watts WHY YOU SHOULD SPECIFY STERNBERG ALUMINUM LIGHT POLES AND FIXTUFtES Aluminum naturally resists corrosion by forming aluminum oxide on any exposed surface. Aluminum oxide is so tough that it is used in the manufacture of abrasives under the name carborunduin. Once aluminum oxide forms a coating, it is hard and impermeable. When cast iron rusts it deteriorates. Rust is water suluble, aluminum oxide is not. Cast iron requires a crane for installation. Sternberg aluminum posts come pre -painted, wrapped in paper shock pads, fully cartoned and can be handled without cranes in the storage yard, on the loading dock and on the job site. Cast iron muss have the factory primer touched up after insiattation and then it must receive two coats of Paint. In addition, it must he repainted every 2 or 3 years. Aluminum has a factory applied finish dial typically lasts 5 to 10 years or more. Sternberg heavy-duty posts are used extensively for bridges because they can withstand the high wind conditions, salty air, excessive moisture, extreme high/low temperature factors, car exhaust fumes and vibrations. Cast iron posts can rust from the inside out. No Mauer how many coats of paint the outside has, moisture can gel into the inside of the post and rust. Cast iron is a brittle material and pules made of this inalerial must he quite thick. When hit by a truck a cast iron pole can break into heavy pieces that require a crane to remove. Most fixtures, even those on cast iron posts, are aluminum. Sternberg fixtures are manufactured of the finest quality allays carefully chosen to withstand the punishment of weather and air pollution. Our lenses are molded acrylic or polycarbonate for increased vandal resistance. Sternberg has almost 70 years experience snaking decorative light poles and fixtures. You can trust our quality. I.rr •Lexao is a registered trademark of die General Electric Company. EXHIBIT "Gn