Loading...
HomeMy WebLinkAboutOrdinances (O-91-848)-02/04/1991 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 45.470 ACRES OUT OF THE HARREL HUGHES SURVEY ABSTRACT 656, A PORTION OF TRACTS 4, 3, 3A, AND THE H.F. WALL SURVEY, ABSTRACT 1973, A PORTION OF TRACT 1A (BALANCE OF TRACTS TO BE INCLUDED IN ORDINANCE 0-91-849) TO THE CITY OF COLLEYVILLE, TEXAS FROM AG TO PUD-R; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 1 2 3 4 5 6 7 8 WHEREAS, ORDINANCE 0-91-848 an application for zoning change was filed by Chandler Cantrell Properties, Inc. on October 23, 1991 under Case No. Z-91-931, and, notice of a hearing before the Planning and Zoning commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, notices were posted on the subject land as provided by the zoning ordinance; and, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, 18 WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; 22 Sec. 1. 9 10 WHEREAS, NOW, THEREFORE, ,IBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, 21 TEXAS: 11 12 WHEREAS, 13 WHEREAS, 14 I WHEREAS, 15 16 17 19 20 23 24 25 26 i I THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, and described by metes and bounds in Exhibit B; by changing the zoning thereof from AG to PUD-R together 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-91-848 Page 2 with all site plans, supporting documents, and other conditions and restrictions imposed by and approved by the Council, which are incorporated herein by reference: those statements set forth in the PUD-R Zoning Application which is Attachment 1 to this ordinance; the restrictive covenants which shall be imposed on the above descr ibed property and which are contained in Attachment 2 to this ordinance; and the site plan for development of the above designated property which is Attachment 3 to this ordinance. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. I I The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 3. AND IT IS SO ORDERED. /11- 14- The first reading and public hearing being conducted on the day of l\u.tM.b{.( , 1991- The secon~ reading and public hearing being conducted on the day of (Ja.V\\.lo.(~ ' 1992. The third reading and public hearing being conducted on the ~l~ day of ~, 1992.To.blfo. Approved b1 eouM..d 01'\ 2/q/92. ATTEST: jJ., CITY OF COLLEYVILLE 9:-::::6, C~' €~~H City Secretary Mayor Pro Tern APPROYED AS TO rORM AND LEGALITY: / I ~ ,.....,1. -..,,--,.-._. r ", ! _H'_."" (t/V ) f --:t;-C'-..l Ross T. Foster City Attorney 10; I , i ; HIDOE1V HI) ~ BEAR CREEK PLANTAT/ON AC AG 2 AG :a:s" ! ;:: ,)... ! II'U,\ <::> .... .... \ r- '/11 "'S ~.~ lf~, , :: . Ri! '. ff-~' '" . ,,'" ......,. ! I ~ ;: ~ ~~..j ., ,~93: 384 !~-!9i321 iA , " , I \ \ I - .. Ordinance 0-91-848 EXHIBIT "A!' :.c... 4 M,L 2,. I ::'1 I l ! 31. I "- ~ o .......;, 2F ; v l. s: " - Ie 10 7 6 7 5 At; 8 2 -_......--....~.....-- -- -'-- '-'..- ATTACHMENT #1 43.849 Acres PUD-R Zoning Application PLANNING OBJECTIVE: The 43.849 acre tract is located on the south side of John McCain Rd. directly across from Pebble Hill Addition and Bear Creek Plantation. It is bounded on the north by John ~cCain Rd., the south by the St. Louis Southwestern Railroad, the east by ML zoned property, and the west by AG zoned property. The total development will consist of 97 residential lots averaging 17,091 square feet each. There are 26 R-20 lots and 71 PUD lots. There is 9.95 acres of open space which is approximately 22.7 of the PUD zoning area. The objective of this proposed development is to provide a quality single-family residential subdivision. Based on the existing topography and the size, shape and location of this tract, it will provide aesthetically desirable home sites and open space. The open space is located along the eastern and southern side of the tract. The proposed open space will provide active play areas and walking paths for this neighborhood. LEGAL DESCRIPTION: See attached "Description of Property". PROPOSED SCREENING THE PERIMETER: The Developer will describe fencing and screening plans in discussions with the Planning and Zoning Commission. DEVELOPMENT SCHEDULE: Construction of the Development is proposed to commence within six months of approval of the zoning, platting and construction plans by the City of Colleyville. OWNERSHIP: The proposed ownership of the Development is: Chandler Cantrell Property, Inc. 2319 Hall Johnson Rd., Suite B Colleyville, TX 76034 (817) 283-8999 The present owners are Mr. Hans Smith and Mr. Bill Rickett. Attached are letters which give authority to Chandler Cantrell Property, Inc. to obtain PUD-R zoning and platting on the property. WATER AND SEWER: Water and sewer services will be provided to the Development through existing City of Colleyville facilities located adjacent to John McCain Rd. APPLICANT: I certify that the information presented herein represents a reasonably accurate portrayal of the general nature, character and feasibility of the proposed Development. /} CHANDLER(CANT~LL BY: Jd?ft4 I PROPERTY, INC. /' ;4!f DATE: ;?+tti 7/ ATTACHMENT #2 ~ DEDICATION ~ID RESTRICTIONS THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT That, CHANDLER CANTRELL PROPERTY, INC., a Texas corporation hereinafter called "Declarant", is the owner and developer of the following described parcel of land lying and being situated in the City of Colleyville, County of Tarrant, State of Texas; and being described as follows: DESCRIPTION OF PROPERTY BEING a tract of land situated in Harrel Hughes Survey, Abstract No. 656 and the H.F. Wall Survey, Abstract No. 1973, City of Colleyville, Tarrant County, Texas, said tract being more particularly described as follows: COMMENCING in the center of Caldwell-Hughes Road, now impassable and not in use, and the south line of John McCain Road; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N 89058"25" E along the south line of John McCain Road, passing a 1/2" iron rod found at 10.02 feet, said iron rod being the northwest property corner of a 17.9701 acre tract owned by William G. Rickett, filed in Volume 8050, Page 636 of the Deed Records of Tarrant County, Texas, said iron rod also being in the south line of McCain Road and the east line of Caldwell-Hughes Road a distance of 185.00 feet to the POINT OF BEGINNING; a distance of 1,377.47 feet to an iron rod set, said iron rod being the beginning of a curve whose radius is 839.29; along said curve to the left in an easterly direction for a distance of 253.58 to a point for corner; South 428.16 feet to the point of curvature of a curve to the right which has a radius of 300.00 feet; along said curve to the right in a southerly direction for a distance of 24.89 feet to a point for corner; 5 89058'25" W for a distance of 1,101.16 feet to a point for corner; North 200.00 feet to a point for corner; 5 89058'25" W for a distance of 350.04 feet to a point for corner; North for a distance of 65.83 feet to a point for corner; East for a distance of 175.00 feet to a point for corner; North 149.09 feet to the POINT OF BEGINNING and containing 561,881 square feet or 12.889 acres of land. -1- ATTACHMENT 112 BEING a tract of land situated Abstract No. 656 and the H.F. Wall of Colleyville, Tarrant County, particularly described as follows: in the Harrel Hughes Survey, Survey, Abstract No. 1973, City Texas, said tract being more BEGINNING at a point in the centerline of Caldwell-Hughes Road, now impassable and not in use, said point being the intersection of the centerline of Caldwell-Hughes Road and the south line of John McCain Road; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N 89058'25" E for a distance of 185.00 feet to a point for corner; South for a distance of 149.09 feet to a point for corner; ~ East for a distance of 175.00 feet to a point for corner; South for a distance of 65.83 feet to a point for corner; N 89058'25" E for a distance of 350.04 feet to a point for corner; South 200.00 feet to a point for corner; N 89058'25" E for a distance of 1,101.16 feet to a point for corner, said point being in a curve to the left whose radius bears N 85014'47" W, 300.00 feet' along said curve to the left in a northerly direction for a distance of 24.89 feet to the point of tangency thereof; North 428.16 feet to a point for corner in the south line of John McCain Road, said point being in a curve to the left whose radius bears N 17020'16" W, 839.29 feet; along said curve and the south line of John McCain Road for a distance of 6.04 feet to the point of tangency thereof; N 72015'00" E along the south line of John McCain Road for a distance of 239.67 feet to a point for corner, said point being in the east line of the H.F. Wall Survey; S 00037'00" E along the east line of the H.F. Wall Survey passing the common corner of the Wall Survey and the Hughes Survey at approximately 87.80 feet and continuing along the east line of the hughes Survey for a distance of 893.34 feet to a point for corner in the northerly line of the St. Louis-Southwestern Railroad as recorded in Volume 54, Page 609 of the Deed Records of Tarrant County, Texas; S 66026'30" W along the said northerly line of the St. Louis-Southwestern Railroad for a distance of, 2,242.75 feet to a point for corner in the centerline of Caldwell- Hughes Road; North along the centerline of Caldwell-Hughes Road for a distance of 1,675.94 feet to the POINT OF BEGINNING and containing 1,980,683 square feet or 45.470 acres of land. -2- ATTACHMENT #2 Said property is platted and filed in Cabinet , Slide , of the Map and Plat Records, Tarrant County, Texas, and known as CALDWELL CREEK ADDITION. In order to provide for a uniform building program upon said property hereinabove described, and to assure the present and future owners that said subdivision will be improved into a desirable residential section, the Declarant does hereby impress upon said property the following restrictive covenants, which will run with the land and shall be binding on all persons claims under it, as well as upon all persons to whom may own, lease or occupy said land or any part thereof until January l, 2042 at which time said covenants shall be automatically extended for successive period of ten (10) years unless by a vote of a seventy percent (70%) of the then owners of the lots, it is agreed to change said covenants in whole or in part. If any person shall violate or attempt to violate any of the covenants herein, any person or persons owning any real property situated in said development or subdivision and the undersigned (whether the owner of any such lots or not) shall have the right to prosecute by any procedure at law or in equity any person or persons violating or attempting to violate any such covenants and either to prevent him or them form so doing or to recover damages or other dues for such violations. Furthermore, such plaintiff may be order of the court, enter upon the property and remedy such violation. The cost thereof shall attach to the property as a lien to be paid in full out of the subsequent sale of property. Furthermore, any and all unpaid assessments or fees with interest accruing at a rate of twelve percent (12%) per annum, shall attach to the subject lot or lots as a lien or liens to be paid in full out of the subsequent sale of the property. Invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect, to-wit: All utility, sanitary .sewer service, and emergency access easements are hereby dedicated to the Public unless specifically -3- ATTACHMENT #2 stated otherwise in the granting instruments filed of record. RESIDENTIAL USE Such lots within the subdivision, and each of them, are to be used for single family residential purposes only. No building or structure intended for or adapted to business purposes, (such as hospitals, duplex houses and apartment houses) shall be erected,placed permitted, or maintained on such premises, or any part thereof. No building structure on any lot shall exceed two stories in height. This covenant shall be construed as prohibiting the engaging in or practice of any commerce, industry, business, trade or profession on any lot, tract or parcel of land within the subdivision. No oil drilling, (nor shall oil wells, tanks, tunnels, pumps, control units, etc.) industrial use, refining, quarrying or mining operations of any kind shall be permitted upon or on any lot. All mineral rights shall belong to the corporation of Chandler Cantrell Property, Inc.. The restrictions on use herein contained shall be cumulative of, and in addition to such restrictions on usage as may from time to time be applicable under and pursuant to the statutes, rules, regulations and ordinances of the City of Colleyville, Texas, or any other governmental authority having jurisdiction over said properties. The Garage as designated by architectural plans or out building as may be specified on any lot shall not be used as a residence or living quarters, except by servants engaged on the premises or by members of the immediate family of occupants. A garage shall be used solely by the owners or occupant of the lot upon which the garage is located. ~ No building materials or temporary building of any kind or character, including, but not limited to tents, shacks, garages or barns, shall be placed or stored upon the property until the owner is ready to commence improvements, and then such materials or temporary building shall be approved by the Architectural Control Committee, and placed within the property lines of the lot or -4- ATTACHMENT #2 parcel of land on which the improvements are to be erected, and shall not be placed in the streets or between the curb and property line; and any such temporary building structure of any kind shall not be used for other than construction purpose. Any such building shall be maintained in a neat, attractive and clean condition and must be removed prior to occupancy of residence. Only one residence shall be constructed on each lot. This provision shall not, however, prohibit the construction of a residence on a portion of two or more lots as shown by the plat of the subdivision, provided such portion constitutes a home site as defined as follows: Parts of two or more adjoining lots may be designated as one home site, provided the total footage of the lots shall not be less than 15,000 square feet. In reference to building lines, a "house" or "residence" shall include galleries, porches, porta coheres, projections and every other permanent part of the improvements. Roofs, steps, terraces and planters outside of building lines will be permitted, provided that these may not extend higher than two feet (21) above finished grade lines at the house. No building or structure upon any lot may be permitted to fall into disrepair. Buildings must at all times be kept in good condition, adequately painted or otherwise finished. LANDSCAPING, SPRINKLER SYSTEM AND RETAINING WALLS OR THE LIKE Each lot on which a residential dwelling is constructed shall have and contain an underground water sprinkler system for the purpose of providing sufficient water to preserve and maintain the landscaping in a healthy and attractive condition to the front, side and rear yard areas including those situated outside of the fences, walls or hedges. Landscaping of a lot shall be completed within ninety (90) days after the date on which the main structure is ninety percent (90%) complete. Every lot owner shall use reasonable efforts to keep, preserve and maintain the landscaping in a healthy and attractive condition. All retaining walls, \ _\ -5- ATTACHMENT #2 planter walls, mail boxes or decorative fences located within sixty feet (60') of the front of each lot or adjacent planter walls or decorative fences adjacent to any Common Open Space shall be stone, brick or stone or brick with wrought iron and shall be constructed of at least 40% masonry and shall require approval by the Architectural Control Committee. All chimneys shall be brick faced to match the brick on the house. SIZE AND CONDITION OF HOUSE The living area of the house or residential structure constructed as a one story residence on any homesite, exclusive of porches and garage or breezeways attached to the main dwelling shall be not less than 2,500 square feet, with a deviation of five percent (5%) with approval by the Architectural Control Committee~ and in the case of any residence of more than one story, the requirements as to living area at least ten percent (10%1 more, or a total of 2,750 for the total living area. All dwellings or building structures including permanent storage buildings shall be constructed of brick, brick veneer, stone, stone veneer, stucco or other exterior materials (which shall be approved by the Architectural Control Committee) to the extent of a least eighty percent (80%) of the total outside area. No preconstructed buildings shall be allowed without the written consent of the Architectural Control Committee. Openings and glass area shall be considered to be of the material which is on either side of it. The construction plans and specifications for each dwelling shall include provisions for the installation of smoke detectors and such other security devices which, from time to time, become technologically feasible for residential use. GARAGES Each residential dwelling erected shall provide garage space for a four garage maximum capacity, and the minimum space for a two car capacity of conventional automobiles. All garage doors shall -6- ATTACHMENT #2 be equipped with an automatic and remote controlled electronic door opener; all garage doors shall be closed at all times when not in use. Garage structures may face the front property line only if they are constructed a minimum of sixty feet (60') feet from the front building line and approved by the Architectural Control Committee. Garages on corner lots shall be rear entry with a masonry wing wall matching the exterior material of the residential dwelling. The wing wall shall be a minimum of twelve feet (12') in length and eight feet (8') high if the driveway entrance is off the side street. Except for the above provisions, all garage entrances shall be rear entry or located at the side of the residence with an appropriate masonry wing wall. Carports are not encouraged but may be permitted if, in the reasonable opinion of the Architectural Control Committee, the exterior surface and appearance will substantially compare with a garage and if no storage of items, which would otherwise be visible, will occur thereunder. Any and all proposed garage or carport plans and specifications must be submitted to the Architectural Control Committee for review. ROOF AND EXTERIOR SURFACE All roofs shall be not less than an 8/12 pitch and shall be constructed of wood shingles, shake shingles, slate, copper, clay tile or other materials approved by the Architectural Control Committee. In the event the use of wood shingles is terminated due to building code revision or governmental authority, the Architectural Control Committee reserves the right to approve composition shingles and will enforce specific colors and specification approval. In that all exterior surfaces of any structure within the subdivision shall be constructed of glass, brick and other materials the Architectural Control Committee is specifically authorized to require a continuous, uniform surface with respect to all improvements which directly affect the appearance and image of the structure. Installation of all uncommon types of exterior items and surfaces such as address numbers or external ornamentation, lights, mail chutes, exterior -7- u~~__~~~~~ v-~.-u~~ ATTACHMENT #2 paint or stain shall be subject to prior approval of the Architectural Control Committee. All antennas (including without limitation radio or television transmitting or receiving antennas, dishes or disks) shall be installed wi thin the residence or structures so that no antennas are visible. Utility lines, all clothes lines, garbage cans, equipment wood piles, or storage piles shall be enclosed to conceal them from the view of neighborhood lots, roads or streets. Plans for all enclosures of this nature must be approved by the Architectural Control Committee prior to construction. All electrical service and telephone lines shall be placed underground and no outside electrical lines shall be placed overhead. Any waiver of these restrictions shall not constitute a waiver as to other lots or lines or antennas. LOCATION OF RESIDENTIAL STRUCTURE No building shall be erected on any lot nearer to the front property line or nearer to the side street property line than the building lines shown on the recorded plat. In any event, no building shall be located nearer than thirty feet (30') to the front property line, or nearer than fifteen feet (15') to any side street property line. No building shall be located nearer than 10 feet (10') to any interior side property line. the location of all buildings and garages must be approved by the Architectural Control ~ Committee and shall be submitted for approval on a site plan. On corner lots houses or residences shall face the street from which the greater building line setback is shown on the ,recorded Plat, unless alternate facing is authorized by the Architectural Control Conunit tee. CONCRETE DRIVEWAYS, APPROACHES AND SIDEWALKS Driveway width and locations shall be shown on the Building Plans. Concrete driveways shall have expansion joints not more than twenty feet (20') apart, with an expansion joint at the back side of the driveway and adjacent to the sidewalk and approach. The width of driveway shall flare to an adequate width but shall -8- ATTACHMENT #2 not encroach past the property line. The curb shall be sawed (not broken) and the drive approach constructed in such a manner as to conform with the City of Colleyville's specifications. All city sidewalks will be of a broomed or brushed finish (no washed aggregate finish). The walks from the street curb to the residence shall have minimum widths of four feet (4'). All walks required by the City of Colleyville will be constructed according to city specifications and shall have a minimum width of four feet (4'). FENCES, WALLS, HEDGES AND SIGNS No fence, wall or hedge shall be placed on any lot in the subdivision nearer to any front or to any side street than is permitted for the house on said lot and no fence, wall or hedge located between interior lot lines and building setback lines shall be higher than eight feet (8') from the ground unless it is an integral part of the house or building structure. All wood fences shall be constructed with the "finish" surface to the outside but shall not be constructed on the front sixty feet (60') of any lot or adjacent to any Common Open Space. However, on adjacent lots the builder of the Common Fence may select the direction of the "finish" surface but may not encroach on the adjacent lot without prior consent by the adjacent lot owner. No wire or chain link fence is permitted if exposed to view from a street, adjacent lot, or Common Open Space and shall not exceed the height of the exterior screening fence or structure. All fencing shall be approved by the Architectural Control Committee prior to construction. Should a hedge, shrub, tree, or other planting be so placed, or afterward grow, so as to encroach upon adjoining property such encroachment shall be removed upon request of the owner of adjoining property or the developer or his successor. Should any encroachment be upon a right-of-way or easement, it l shall be removed promptly upon request of the Declarant or any authority owning easement rights. Such encroachment is wholly at the risk of the owner and removal shall be solely at his expense. No sign or signs shall be displayed to the public view on any -9- V~~~~~~~.~~ ~ J_ -,- ATTACHMENT #2 residential lot, except for (a), (b), and (c) listed below: (a) Any builder, during the applicable initial construction and sales period, may: utilize one professional sign (of not more than twelve square feet [12'] in size) per lot for advertising and sales purposes; (b) thereafter, a professional "for sale" sign (of not more than six square feet [6'] in size) may be utilized by one owner of the respective residential lot for the appreciable sale situation; and (c) development related signs owned or erected by the Declarant shall be permitted. GARBAGE AND TRASH COLLECTION No residential lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. All garbage shall be kept in sanitary containers in appropriate locations which may be specified by the Architectural Control Committee. Unless otherwise expressly permitted by the Architectural Control Committee, garbage containers shall be situated and enclosed and screened so as not to be visible from any residential street unless otherwise directed by the City of Colleyville. If after ten (10) days prior written notice an Owner shall fail to: (a) control weeds, grass and/or other unsightly growth; (b) remove trash, rubble, building and construction debris; or (c) exercise reasonable care or conduct to prevent or remedy unclean, untidy or an unsightly condition, then Declarant shall have the authority and right to go onto said lot for the purpose of mowing and cleaning said lot and shall have the authority and right to access and collect from the Owner of said lot a reasonable fee for mowing or cleaning said lot on each respective occasion of such mowing or cleaning. The assessment, together with such interest thereon and cost of collection thereof, shall be a charge on the land and shall be a continuing lien upon each lot against which each such assessment is made. Each such assessment, together with interest thereof and costs of collection thereof, shall also be the continuing personal obligation of the person who was the Owner of such lot at the time when the assessment occurred. The lien securing any such assessment shall be subordinate and inferior to -10- ~----_.._- - ,- -.- ATTACHMENT #2 the lien of any mortgage and any renewals or extensions thereof (existing prior to the assessment date). STORAGE OF VEHICLES AND EQUIPMENT No vehicles may be stored where visible from the streets, adjacent lots or Common Open Space unless fully operable and with valid license plates and inspection stickers. No non-motorized equipment such as, but not limited to, camper-trailers, camper- tops, boats or trailers shall be stored or parked where visible from the streets, adjacent lots or Common Open Space. Such violating vehicles and equipment may be towed and impounded at the expense of the offending property owner forty- eight (48) hours after delivery of written notice to the mailing address of the property owner or inhabitant thereof. OFFENSIVE ACTIVITIES No noxious, loud or offensive activity shall be conducted on any portion of the Properties that will adversely affect the peace, quiet, comfort or serenity of the other Lot Owners or Residents. No animals, livestock or poultry of any kind shall be raised, bred or kept on any residential lot, except that not more than two (2) domestic household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes and are confined indoors or by fence or leash. EASEMENTS; UTILITIES Easements and access easements for the installation and maintenance of utilities, screening fence and drainage facilities are reserved as shown on the recorded subdivision plat. Except as to special street lighting or other aerial facilities which may be required by the City of Colleyville or which may be required by the franchise of any utility company or which may be installed by the Declarant pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals, pre-existing power poles and lines, and other surface installations -11- u~u~~~~~~~c V-~~-Q~~ ATTACHMENT #2 necessary to maintain or operate appropriate underground facilities) shall be erected or installed on the properties whether upon individual lots, easements, streets, or rights-of-way of any type, either by the utility company or any other person or entity, (including but not limited to water, sewer, gas, electricity and telephone). All utility meters, equipment, including pool equipment air conditioning compressors and similar items must be visually screened and located in the areas designated by the Architectural Control Committee. Pursuant to requirements by the Texas Utility Electric Company, the following provisions and covenants are to run with the land with the properties with the same force and effect as all other Covenants and Restrictions herein: Electric service of the type known as 120/240 volt, single phase, 3 wire, 60 cycle, alternating current has been made available to the Lot hereby conveyed by means of underground facilities, at a cost in excess of the cost of service provided by the usual and standard overhead facilities, and each Owner acknowledges for himself, his heirs, successors, and assigns, that - electric service of any character other than that hereinabove described will not be available except at added cost to such Owner in accordance with the Rules and Regulations for Electric Service of TU Electric Company. Since electric service is to be furnished to each of the Lots solely by underground facilities, each Owner agrees for himself, his heirs, successors and assigns, that he will at his own expense, install and maintain the necessary underground facilities, to connect the Owner's installation with the service wire to TU Electric at the point of delivery of electric energy. Gas service has been provided at a designated point adjacent to each lot. ARCHITECTURAL CONTROL COMMITTEE No building shall be erected, placed, or altered on any building plot in this subdivision until a complete set of building plans (which shall clearly indicate all exterior materials) and a -12- ATTACHMENT #2 plot plat of the location of such building shall have been delivered to the Architectural Control Committee designated as hereinafter provided, and until such building plan and plot shall have been approved in writing by the Architectural Control Committee as being in conformity and harmony with the external design and location of the existing structures of the subdivision and in compliance with the restrictions herein contained. The plot plan and architectural plan shall be returned to the owner of the lot after approval of the Architectural Control Committee has been appropriately endorsed thereon. The Declarant shall have the authority to appoint the Architectural Control Committee and to remove without cause any person serving on the Architectural Control Committee. The Architectural Control Committee shall consist of not less than two nor more than three members, and the Declarant shall also have the authority to fill any vacancies in the Architectural Control Committee. The Architectural Control Committee is authorized to delegate to one or more representatives authority to perform the duties of the Architectural Control Committee as set forth herein. In the event that the Architectural Control Committee should at any time fail or refuse to appoint a successor on the Committee, the owners of a majority of the lots included within said subdivision, as determined by the number of lots and not by the number of owners, shall have the right to elect or appoint, from time to time, a successor Architectural Control Committee. In the event the Architectural Control Committee, or its designated representative, fails to approve or disapprove any building plans, specifications and plot plans within ten (10) working days after the same are submitted to it, and if all terms contained in these restrictions have been complied with, the Architectural Control Committee shall be deemed to have approved such plans, specifications and plot plan. The Architectural Control Committee shall in no event be liable in damages for any action or failure or refusal to act pursuant to the provisions hereof. The Architectural Control Committee shall receive no fees or compensation for its services. The initial Architectural -13- ATTACHMENT #2 Control Committee shall consist of two or more persons to be appointed by the Declarant. INGRESS - EGRESS Each owner of a lot agrees for himself, his heirs, assigns or successors in interest that he will permit free and reasonable access to the owner of adjacent or adjoining lots containing a divisional wall, when such access is essential for the construction, reconstruction, refinishing, repair, maintenance, or alteration of said divisional wall. The access shall be limited to an area not more than five feet (5') in width along or parallel to the property line. Access shall only be at reasonable times and shall be permitted only after written notice has been given to the lot owner stating the purpose of the access. In no event shall such access be deemed to permit entry into the interior portions of any dwelling. Any damage caused by such access will be repaired at the expense of the owner causing such damage. COVENANT TO COMPLETE CONSTRUCTION Each and every Owner hereby covenants to begin construction of a single family residential dwelling within one (1) year following the date of closing on the acquisition of a lot within the subdivision. Construction shall be deemed to begin when (a) architectural plans have been approved by the Architectural Control Committee: (b) Building permits have been issued by the City of Colleyville: and (c) Physical construction has commenced. If construction has not begun within one (1) year following the date of closing, the Developer shall have the right to re-purchase the lot for the amount of the original purchase price paid by the owner thereof. Each and every Owner hereby covenants to complete the construction within six (6) months after construction thereof has begun. Completion shall occur when a Certificate of Occupancy is issued and all Deed Restrictions controlling the construction have been complied with in full. However, the Architectural Control -14- ~---_._~._- - ~- -.- ATTACHMENT #2 Committee may extend the construction period if reasonable and necessary. This covenant to complete construction may be enforced by specific performance by the Declarant or Declarant's successor in interest or any other Owner if Declarant fails to act for any reason or without cause. All costs incurred shall be paid by the lot owner and shall attach as a lien thereto. POWER OF ATTORNEY Each and every Owner hereby makes, constitutes and appoints Declarant as their true and lawful attorney in fact for them in their name, place and stead for their use and benefit: A. To exercise, do, or perform any act, right, power, duty or obligation whatsoever in connection with, arising out of, or relating to any matter whatsoever involving this Declaration and the Properties; B. To sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract, or abandon the terms of this Declaration, or any part hereof, with such clause(s), recital(s), covenant(s), agreement(s), and restriction(s) as Declarant shall deem necessary, proper and expedient under the circumstances and conditions as may then be existing; C. The rights, powers and authority of said attorney in fact to exercise any and all of the rights and powers herein granted shall commence and be in full force upon recordation of this Declaration in the Tarrant County Clerk's Office and shall remain in full force and effect thereafter until the third (3rd) anniversary of the recordation of this Declaration, or until the Declarant no longer owns lots within the property, whichever occurs first. Provided, however, Declarant may assign any and all of the rights and powers herein granted to a Homeowners Association having been formed by and representing a minimum of seventy percent (70%) of the homeowners subject to this Declaration. -15- VL~~~Q~~~C V-~4-Q~U ATTACHMENT #2 DURATION The Covenants and Restrictions herein shall run with and bind the land subject to this Dedication and Restrictions, and shall inure to the benefit of and be enforceable by the Declarant and/or the Owner of any land subject to this Dedications and Restrictions, their respective legal representatives, heirs, successors, and assigns, for a term of fifty (SO) years from the date that this is recorded. After such time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument is signed by the Members of the Homeowners Association provided for hereinafter who are entitled to cast seventy percent ~ (70%) of the votes of the Association and recorded in the Deed Records of Tarrant County, Texas, which contains and sets forth an agreement to abolish the Covenants and restrictions; provided, however, no such agreement (where approved by less than ninety-five percent [95%] of the votes of the Association) to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. AMENDMENTS Notwithstanding anything to the contrary contained herein, these Covenants and Restrictions may be amended and/or changed in part as follows: A. During the three (3) year period immediately following the date of recordation of the Covenants and Restrictions, the Declarant may make reasonable and appropriate amendments or changesto the Covenants and Restrictions as may be necessary for the orderly development of the subdivision. B. From and after the third (3rd) anniversary of the recordation of this Declaration, these Covenants and Restrictions may be amended or changed upon the express written consent of at least seventy percent (70%) of the outstanding votes of the Association. -16- vLU~il~ilC~ V-~L-O~O ATTACHMENT #2 Any and all amendments shall be recorded in the office of the County Clerk of Tarrant County, Texas, and shall be binding upon all property owners including, but not limited to, the property owners who (a) purchased property prior to the date the Amendments are recorded, and (b) did not consent to the Amendments. ENFORCEMENT Enforcement of these Covenants and Restrictions may be by any proceeding at law or in equity against any person or person violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, or both, or enforcement of any lien created by these Covenants and Restrictions; but failure by the Association or any Owner to enforce any Covenant or Restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The City of Colleyville, Texas is specifically authorized (but not obligated) to enforce these Covenants and Restrictions. with respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorney's fees, related expenses and actual damages from the non-prevailing party. l VALIDITY Violation of or failure to comply with these Covenants and Restrictions shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may be then existing on any Lot. Invalidation of anyone or more of these Covenants and Restrictions, or any portions thereof, by a judgment or court order shall not invalidate or affect the remaining Covenants and Restrictions shall remain in full force and effect. In the event any portion of these Covenants and Restrictions conflicts with mandatory provisions of any ordinance or regulation promulgated by the City of Colleyville, then such municipal requirement shall control. -17- ATTACHMENT #2 HEADINGS The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. Words of any gender used shall be held and construed can or to include any other gender, and words in the singular shall be held to include the plural and vice versa, unless the context required otherwise. NOTICES TO MEMBER/OWNER Any notice required to be given to any Member of Owner under the provisions of this Declaration shall be deemed to have been properly delivered when deposited in the united States mail, postage prepaid, addressed to the last known address of the person who appears as Member of Owner of the records of the association at the time of such mailing. NOTICE TO MORTGAGEES The holder(s) of a mortgage may be furnished with written notification from the Association of any default by the respective mortgagor/member/owner in the performance of such mortgagor's/member's/owner's obligation(s) as established by this Declaration, provided that the Association has been theretofore furnished, in writing, with the correct name and address of such mortgage holder(s) and a request to receive such notification. DISPUTES Matters of dispute or disagreement between OWners with respect to interpretation or application of the provisions of this Declaration or the Association Bylaws, shall be determined by the Board of Directors, whose determination (absent, arbitrary and capricious conduct or gross negligence) shall be final and binding upon all OWners. -18- ura~nance U-~~-d4d ATTACHMENT #2 HOMEOWNERS ASSOCIATION The Declarant shall have the authority to enforce all the Deed Restrictions and assess the Owners with reasonable and appropriate maintenance fees for the maintenance of the lots. The maintenance of the Common Open Space will be the responsibility of the Declarant until such time when not less than sixty percent (60%) nor more than seventy percent (70%) of the homes are constructed. At such time a Homeowners Association shall be created for the benefit of the Homeowners. Membership in the Homeowners Association shall be mandatory. The Developer shall, after giving notice in writing to all Homeowners of the time and place, conduct the organizational meeting for the Homeowners Association. Thereafter, the Homeowners Association shall be responsible for and assess reasonable and appropriate fees for the maintenance of the Common Open Space and the Common Entry Area. Also, the Homeowners Association shall assess the owners of lots for the mowing and maintenance of all lots not properly maintained by the Owners thereof. The maintenance fees shall be mandatory for all Homeowners and shall, if not paid when assessed, attach to the property as a lien superior to all others. Such lien shall include the reasonable cost of collection and shall accrue interest at the rate of twelve percent (12%) per annum, or such rate as established from time to time by the Homeowners Association, until paid in full. Executed this day of , 1992. CHANDLER CANTRELL PROPERTY, INC. By: Its: -19- orQ~nance U-~~-~40 ATTACHMENT #2 THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned Notary Public, on this day appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CHANDLER CANTRELL PROPERTY, INC., a corporation, and that he executed the ~ same as the act and deed of such corporation for the purposes and consideration therein expressed, and in that capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1992. Notary Public, State of Texas -20- ura~nance u- ATTACHM~.l-t)4l:l ENT #3 .. ... .. I .. . ~:: ., .. ~i!' ... :.; ... ~_~ t3I I !...... ::.: ~ ~ ~ :::;;: ~ ~ ,3i M. :i ;. ~ lO E'" .... :~~ ~"€ " . . .Cl.'~!"'!:! ..i;; ~<i ail! 2.i =~~; ~ Id ~"i=l~!~~ ~~ i · i!fjl1ilill Iii' ~ ! g . ~~ l- I O! iil"!"!" hl,,1 . i ~ ~~ g ~ Ipl jiF I il!ii i llsi;~ 3:1i .. ~ .~:tl~! . · ~ i SI' ~ .. U;i~: n i q U N a en ~ en- ...- C':J <:'.:2 a 113 0 " ~ il3i '. tJ -,..1,.1 I "I II! r '!Ii ~I I · D~1' I" &. h,a!I~1 d : i KII. II n ~ J 'II' ' r edt1i IJ!! I . i!idraii n il!. :~Ii II J' "' il is:aZ.Ji J I il Ii .:11:111 : ., 1'1 ,! 1!ldll J il I I)" ili:lmll Ii II i. .... .. .. f _ i . " I ~ l ~' l i . t · .. . b:IJ: ~.. ~ ~~~~~,m ~,'H :i~~~ II .,U:':: . ~I " , '"d . ;:1 ~~ .. , I aiI!:i ... :I !~~~71 ,I .I' .., l~fSl i ~II&IJ Ii ,ill n liB u I'~+-B:;r. 'I jjI i _ 04..1 . j ;~: r~~, I :If ) f d!1 1 il~l. :,. . .U!!~I=ii "J " . i \ d'l I:j~~~ \ u. 11M: ...-------- . C;I . Ifl ~~ ; ~ ~ uc.)\...,.KLt'llUl'; Ut t'KUt't.t<.l Y PROPOSED PUD-R ZONING vLU.J...i!aH'-t:: V-'::J.J..-:.,;' EXHIBIT "3" 'oj. BEING a tract of land situated in the Harrel Hughes Survey, Abstract No. 656 and the H. F. Wall Survey, Abstract No. 1973, City of ColleyviIle, Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at a point in the centerline of Caldwell-Hughes Road, now impassable and not in use, said point being the intersection of the centerline of Caldwell-Hughes Road and the south line of John McCain Road; THENCE N 8~58'25" E for a distance of 185.00 feet to a point for corner; THENCE South for a distance of 149.09 feet to a point for corner; THENCE East for a distance of 175.00 feet to a point for corner; THENCE South for a distance of 65.83 feet to a point for corner; THENCE N 89058'25" E for a distance of 350.04 feet to a point for corner; THENCE South 200.00 feet to a point for corner; THENCE N 89058'25" E for a distance of 1,101.16 feet to a point for corner, said point being in a curve to the left whose radius bears N 85014'47" W, 300.00 feet; THENCE along said curve to the left in a northerly direction for a distance of 24.89 feet to the point of tangency thereof; THENCE North 428.16 feet to a point for corner in the south line of John McCain Road, said point being in a curve to the left whose radius bears N 17OZ0'16" W, 839.29 feet; THENCE along said curve and the south line of John McCain Road for a distance of 6.04 feet to the point of tangency thereof; THENCE N 72015'00" E along the south line of John McCain Road for a distance of 239.67 feet to a point for corner, said point being in the east line of the H. F. Wall Survey; THENCE S 00037'00" E along the east line of the H. F. Wall Survey passing the common corner of the Wall Survey and the Hughes Survey at approximately 87.80 feet and continuing along the east line of the Hughes Survey for a distance of 893.34 feet to a point for corner in the northerly line of the St. Louis- Southwestern Railroad as recorded in Volume 54, Page 609 of the Deed Records of Tarrant County, Texas; THENCE S 66026'30" W along the said northerly line of the St. Louis-Southwestern Railroad for a distance of 2,242.75 feet to a point for corner in the centerline of Caldwell-Hughes Road; THENCE North along the centerline of Caldwell-Hughes Road for a distance of 1,675.94 feet to the POINT OF BEGINNING and containing 1,980,683 square feet or 45.470 acres of land.