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