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Home My WebLink AboutOrdinances (O-90-805)-05/07/1990 1 \ I '1~ &QP:{ q C I 1'J-1Lf r,\. ,j ~ . ~.,pl Yv1 2 3 ORDINANCE 0-90-805 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF ABSTRACT 439, C.C. DOSS SURVEY, A PORTION OF ASHMORE, A PORTION OF THE LAWRENCE ADDITION, AND TRACTS 2E3, 2E, (10. 379 ACRES) TO THE CITY OF COLLEYVILLE, TEXAS FROM R-20, PUD-R TO R-20, PUD-R; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. 5 6 7 WHEREAS, an application for zoning change was filed by David Bagwell Company on October 22, 1990 under Case No. Z-90- 870 and, 8 9 WHEREAS, 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, 10 11 WHEREAS, 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, 12 13 WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, 14 WHEREAS, 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, 15 16 17 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; 18 19 NOW, THEREFORE, 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 21 Sec. 1. 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 (Exhibit B) as follows: 22 23 24 25 26 Ordinance 0-90-805 Page 2 Exhibit "A" -=- .. ."I-I--~I -= ?\ Abbit' '@'WJ~"'.d ~~.i ~ j'JI Jr.-I- Y ~ 'I " t.,. ,. ~ J " ,'i~Lilrwltl.lj ~ 18 : j -(/).., ji ~ - \. ~\I~ I ~ ~ 'tI - Trl-<' 22 \.,) /. IR \ \... :7 @ ,i/LfN 7,f1l ~\ l- - 3 29 <2 I ~ ~ -- I ~ -- ~, ...J ~ ~ -3-426 24 .. 2 - ~--- 18 I t. br-4 E - I.ll: R."D ~ -- ("6' . Ci.rEJ ~ ~ .. I 2 2A 20 - ~G 28- , --- 294 2810 Z810A 201 283 28G 2 B3A f I ~ --<I G~A!&& )R ~R 13R I / 3 I A ~41 0,> ~ MEW?I4I~~ J 8. 9 I 34 ~ >---; 1 All r--- - ~ ___ ( A ).qs~ 'VJ'~ AU~~. 7 Y ~ I~ ( c-' I 2~ / ..../- ~ Ii -2() .... ~ 1_ "' ~ . .... 27...; If"'\. <S4 ~ ~ 17,~ ~ ~ ~ r B}~ ~ ~ V) - DR.b 7' ~ ...J7 l: ~::-- ~ ~ ..l,t ):;. ...... ....., ~ ~ ~~ 4 r: \ r "\. "'- \1 _~F ~(? ~ T /L R ~ A32R PLEA SA 9t~E ,'1 RC \_~~ i.,5pA (' ;\ I - ~ V 7 t4 I. 6" 8 \=. 'YBt.. "YP ~ II T ~).-, \)- ~fT:\ _~ ~~~~T 3 ~~ ~~,' 13 AY ~ ~ II "\~~ 15 0" 16 :-..J '< ~ , . /(7~ J ". V~~ u.__" ~_ . .". 2 ~ L-~ - 3 TRACT 'A' Ordinance 0-90-805 Page 3 Being a tract of land aitLJoted In the C. C, DaIS Survey, Ablltract Number 4J9, Tarrant County, Texas, cnd being mors porUcLJlorly described aa fellows: aeglnnlng at on Iron rod for the southwest corner ot thIs tract, sold Iron rod being located S 00'26'0\-5. E, 13.23 feet from the 1I0utheaet corner of the Lawrence Addltfon, on addition to the City at Colleyville OIJ rocordod In Volume 388-H4, Pooe 82, Plot Records, Tarrant County, Toxas; TIiENCE n-lENCE: lliENCE 'Tl1 EN CE 1l-IENCE "THENCE THENCE THENCE N 00'26'45. W. along tho aaat line of.aaid Lawranca Addition, 8S6.a9 feet to a point for a comer this tract: .5 89.35'23. W, 9.25 feet to Q poInt tor 0 corner this tract: III 00.26'45" W, 170,02 feet to 0 point for 0 comer thl. tract; N a9'35'23. w, 9.25 feet to a point for Q corner this trect: N 00'26'45. W. 243.01 feet to an Iron rod for Q corner, ,old Iron rod bolnq In tho south IIns ot Countryside Estotes, on Addilon to the. CIty at Crapovlne 08 rocord.d in Volume 0365-052, Pogos 45 and -t6, Plot Records, Tarrant County, Texas; S 89'35'23" E, 322.60 feet with the .outh line of sold CountlJ"lde Estates to on Iron rod being the northwest corner of tho GtLJbbs AdditIon, an AdditIon to the City of Colle)'lflle 08 recorded In Volume 388-214, Pogo 41, Plot Recorda. Tarrant County, Texos: S 00'4.3'51. E. with the Welt nn. 01 laId Grubbs Addition, passing the 1I0uthwest corner of tho Grubbs Addition at 1252.22 f..t, contlnlJinq for 0 total dl,tance of 126SA5 f..t to an Iron rod for corner; S 89.36'45" W, 326.86 feat to the Point of ae9lnnlnq and containIng 9.<<3 acrtll (04-11,J16 square teet) of land. 'TRACT 'a' eel"9 -4 tract of lond situatod In the C, C. 00S2 Survey, Abatract Number 439, Tarrant County, Tuaa, and being mars particularly described as follows: Commenclno at an iron rud for the t1outhwoat corner ot thia tract, :lold Iron rod baing loco led S 00.26'+5- E. 13..23 fact from the lIouthoo:lt corner of tho Lawrence Adoition, an addition to the City of CoUoyvillo 03 racordod in VolLJmc 388-H4. Pogo 82, Plot Records, Tarrant County, TelCas: "THr:NC~ THENCE 1liENCE THENCE TIiENCE: N 00'26'45" W, 010119 thc OO:lt 1/011 of aaid Lawre."lcc Mdition. 856,89 foet to tho Pall'll of 84ginnlng; N aO~6'45." W, 170.02 feet to a point for the northwost comor this tract: S 89' 35'23. E, 9,2:) feet to a polnl 101' the northoost corner thle tract: S 00'2G'45" E. 170,02 fect to a poInt (0( the southealt corner this tract; N 89. ~5'2J" W, 9.2.5 feat to the Point of aeginning and containing 0.036 acres '157.3 squore feot) ot land. tRACT 'C' Bolno 0 tract o( land Iltuotod in tho C. C. Oess Survay, Ablltroct NLJmb.r 439. Torront County, Toxo$, and being moro partJcLJlarly dllscrlbed all followa: CommencIng at an iron rod for thc southwest corner of this tract. $old Iron rod being located S 00.2(;'0\.5- E, 13.23 feat tram the southeoat corner of the Lawrence Addition, an addition to the City of Colleyvllle QIi rl!cordod in VolLJme 388-144. Pogo 82,fJlot Recorda, Torront County, Taxos; THENCe lHENCE "THENCE THENCE tHENCE THENCE N 00'26'45" E. alan'll tilC east lina of :lold l.awr.nco Addition, 79.88 filet to the Point of BegInning; S 89'29'31- W. a:t 11 faet ta Q poInt for the southwest corner this tract: N 00'18'42" E. 462,93 {eat to Q point far a comer this tract: N 0+'16'22. E, 31~. 72 fect to Cl poInt for the northwoat comer this tract: S 89.JO'2.3" E:. ~O.02 t.ot to a poInt for the northeost corner thIs tract; S 00'26'45. W, clang said eost line of tho Lawrence Addition, 777.02 feot to the Point of Beginning and containing 0.937 CC'Jes (40,810 square feet) of land, 23 24 25 Ordinance 0-90-805 Page 4 1 2 3 by changing the zoning thereof from R-20, PUD-R to R-20, PUD-R, together with all site plans, supporting documents, and other conditions and restrictions imposed by and approved by the council, which are incorporated herein by reference. Exhibit "C" site Plan; Exhibit "D" - Ashmore Phase #2 - Zoning Application; Exhibit "E" - Letter dated November 26, 1990, David Bagwell; Exhibit "F" - Letter dated November 30, 1990, George A. Field, III; Exhibit "G" - Declaration of Covenants, Conditions and Restrictions Ashmore; Exhibit "H" - Development Schedule. 4 5 6 7 8 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. Sec. 2. 9 10 11 12 Sec. 3. 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. 13 14 AND IT IS SO ORDERED. / g+fi ~rfJ ~JI~ 15 The fi~a?ini and public hearing being conducted on the day Of~ 1990. The seco~_reading and public hearing being conducted on the day of ~ ' 1990. The thi~and pUblic hearin~ being conducted on the da y 0 f , 19 9 r/. 'C!JaJJ..I:'1..dI : J"-7-9/ ATT~~ ~ OF COLLEYVILLE LaVada Johnson c~awk1ns City Secretary Mayor 16 17 18 19 20 21 22 A~ve~~o Frr: and Legality: I) , . )~~ R s T. oster, City Attorney lvj 26 Ordinance 0-90-805 Page 5 11 'I j I 'f; 'I "f I' I r JIll j i'J J'~J 11! I f.; Iii' 'I f fJ j/f I I II :... HI ,Ifi I 'I' 'II J f I , IlJ 'II I ~lt I d I 'l~filt I; J I II ,'t' i ~ i I lIt 'i i II l' Iii i I t i I.. ,'i, j JI :1 III' ; i ; if: ;il HI jl =1 'I'l . 'I J J J !H.!' 'll" !( :H !d ; ! ~, ~ I ! ' ~J It I ,I. -I ~ - ~ -ii ~'f' ~:~~! ,II ) I!t t. . C t t.1 .1, ii' i5 'f 'If _:'j d . . . all .1 .. .. J _!. i ii Dh 1111 I I I i ji J I'f ~ I ill J I III " · I I I r :11 i I II d~I!!li !:l I : ~ ~ ' IIi ; ! n! 1111 ' ;" 1 I I J I ,I :1' I ~ n lj :l! d i t ~ tl :~f ~i! d!! fi~ I I III ~. I~ii IIi! I~!~ !!If iii} S us I i! -. !~ U L" ~ - ! d . . ! ~ - ! Exhibit "e" I J r j't I ih I II f l'j I I I f I ! I1II 1 ;I~ t I i II J I III I I. l I , II Hi ; Ii i; ! J. I' I " ~f .' j i j j i h !( :jj' i H H ~i It jh ~ ;;; h ;1 !l :~I ! ! n! !} iii m I II II I d l> . I i ! I Oli tI) ~ ...... ~ :.. ~ ~ ~ Be.. M! a i= ~ <.J <oj .... ~ ., .. J:! " t:E ' ~ ::; ~ "''I; ~E.; .. ~~~ ; ~..~:~ ~.~.t h.. ~~ ..' h~n ~ .! aM ~~~.~i~~Sd le!~: ~~~;~~~m~~ ~ ~ "~"E.;~ <.J=se~'" Sf".e"ftf' t: ~ .. g "'''' ~!- ~ :t~~.~ a ~~~~~ =~~~~ CJ) ~ ~ t,;.l! :.. ~ . ~~ ~ ~~~ ~ i~.' o .1;; !- O! U " ~ 3 ~ "'b ~ - ("J ~ t; ~ ~_ .. .. ~ l1li:- ~ <) ~ l'C\ ~ ~ . i ~ ." . I ~ ~ I I ~ ~ . I ~ ~ I : , r ,II ~ ~l;;l;;~ll 9 :!~IJ:~.. ~ ~ . Hi ~~. = 22'~;E~ a ni..~11 .. ..~~i! ~"""i' u~,; ;~ Jii:;.~' m~~m ~ ':::.. ~ ~ I" 'i ==~:= !I ....O.....N ~nm I ~P~~.. J I I "1':)''''''. 1It~~--.r~ 1::: NOlUICIII' WY4Q IdLYUfiI'loI -.mD ; I I -::;'/--/ __ _.---- /. I . _,;:~..T:f'~~_-s->-r. . . ., af / .~ . 5*~Z . li~1- <<-I :crICII ... ,.. NOa"'._ .lCICIIlUIII'.G,,"~""'" ~~ 10 .uo m~ JIJ.uQ . ~ ~ -' r - I .! '}/ ~ . I;.. I L ---:1 vi J.~I~! d . ..:-~. . . J- li!f~' - . , ~ ~t; 1m x ~ j~. . . 'I~ Ill,. ~ft' 1~5 ~.~ .~ ~~ !~ ~U ~ll ~~~ I~ -15 i; Sri I ~~ '~i ~i l3~ ct =lIr a:: >- I' . . i.- MI 'I ~ ~ u ._ i il ~~ ~ A ... ':!:! 0( ~~ .. ~ II ~~ ~ ~~ :: I ~ c 0 ~ ~ i 8 I I :~ . u ! ~ "I (l[ ~ ~ fg~ fir . i n . 5- :iZ Ordinance 0-90-805 Page 6 Exhibit tlD" Ashmore Phase #2 PUD-R, R-20 Zoning Application PLANNING OBJECTIVE: The proposed 9 acre development will consist of 16 residential lots and open space. The lots will be on approximately 7 acres and will average roughly 18,345 square feet. The objective of this proposed development is to provide a single-f~~ly residential subdivision in a creative, effici- ent, ~~d aesthetically desirable design and with the arrange- ment of lot layout, open space, and circulation patterns to best utilize special site features such as topography, size, and space. LEGAL DESCRIPTION: see attached Exhibits A, B, and C DEVELOPMENT SCHEDULE: Construction of the development is proposed to begin within six months of approval of the zoning, platting, and construction plans by the City of Colleyville. mVNE...~HIP: The present and proposed ownership of the development is: PRESENT mmERSHIP PROPOSED OWNERSHIP Ashmore #2 Limited Partnership 5500 Preston Rd., #225 Dallas, Texas 75205 Ashmore #2 Limited Partnership 5500 Preston Rd., #225 Dallas, Texas 75205 and Hubert and Carolyn Smith 1903 Ashton Court Colleyville, Texas 76039 WATER AND SEWER: Water and sewer services will be provided to the development as required by the City of Colleyville. APPLICANT: I certify that the inrormation presented herein represents a reasonably accurate portrayal of the general nature, character, and feasibility of the proposed develop- ment. DAVID By: Geo.ge A. Field, III Chief Operating Officer Date: /0/:202/ ~O / / BAGWELL , TEL No 15282182 Nov 26,90 11:02 No.003 P.04 Ordinance 0-90-805 Page 7 Exhibit "E" Mike Jones city Engineer city of Colluyville P.O. Box 185 COlleyvil1e, Texas 76034 ellY ENGINEER'S OFRC~;;\~~;~)~'i~I~:i~,~~i'. '1 :, ~iqEBVED ;, NOV 2 6 1990 n 'I; '- tv\ U ! " r-J~~n~H ftiIIIa JJ~..~~~I ,~...:n= \'.7 razO ! '.," ',": ri~,l ~n'u I r: -' ., .. , t,"" LJ.r.;. November 26, 1990 Dear Mikel I am writing in response to various Staff Review Comments - November 14, 1990 for Ashmore II ~ddition zoning Change from PUD-R and R-20 to PUD.R and R-20 (Z-90-B70). ~Item ~It io the owner's intent to deed the open cleve/opers InfelJnC11S reC1QK/1':'f;f space shown on the site Pla.n to the Ashmore ((7MfI/~/0 With .Jt.t "qt1qr~fee. v owners associat.~on which will own and provide uP (i:>>'I1~ <J7~115'1'M:..t!.. " per )naintenance of this area. ( Scv/7~ '2/ If &'f- CPt"'.:!.1 On/fnClhCe ~ '. ~\ rtem 1~5; The owner will comply with Section 21.9 of ~~~ ~ ,the City's Zoning Ordinance. Current plana \ devdrpe~j Itff7;t1/lel1J nYjaff/tt) re for a combination of brick and wrought ~'f('J~t, with s:a-eel1l~ ~ lron (or t.ubular steel) fenoing. /?(hcl<.;cCf a'lulre~'1fs~"" 5'e fJ / Cj of ct711/'9/ifJ('^"l#1C ~ v ~ ~ ~161 The owner intends to remove smaller native .~~ plants and trees in the open spaces and to A'. b .5 .111 fenflCh.J te.OF"I7/tI;"i ~ade these areas. 1\s needed r trees will be <<.ite O(f ~ . . tJ'-f' J t inned to enhanoe the natural beauty of the 1tVp7X'tllf11~e/?W11~ iUltJt;' a. ea, and grass seed will be planted. The ~~~~ ~rea~ jective is to improve and maintain the open T ~ , 'spaces in. Berni-natural oondition, for the enjoyment'of AAhmore residents and their guests. j. Please let me know i! yoti,hAve qUest.ions in any of these regards. . "J ,.. ',~', 'I. ~ , p ~ ~ ~ ( ~'., 'I', ; Sincerely, 1:. David s. Ba~ell , ' '( , , " ) BAGW,ELL {I TEL No.5282182 --- ..- Nov 30,90 13:53 No.006 P.02 Ordinance 0-90-805 Page 8 _. Exhibit"F" . ", ~0~r.~. ~~\':~:':.~~ 1(:~::: ~~~ - --. --.- . . -.. - - I)AVID BAGWELL ~~~~yP~30, 1990 Mr. Mike Jones city Engineer city of Colleyville P.o. Bux 185 colleyvllle, Texas 76034 Re: Ashmore *2 Dear Mike; em ENG\NEER'S OfF\CE seEIVED D NOV 3 0 1990 ~ ECEn~~ea ~ r,~ COl!ENI!!..E BY iI. \l rY\~- Ashmore *2 shall contain common open space which is platted and documented in a restrictive covenant which will describe the open space and its maintenance. The restrictive covenant shall run with the land for the b~nefit of the homeowners in the Ashmor~ development. The trees in the common open space shall be thinned and limbed up to enhance aesthetic appeal. The park area in the north east corner of Ashmore 12 is planned to remain natural with no significant man-made. improvements to be installed. A rough draft of the proposed restrictive covenants is attached to this letter. The Ashmore *2 Preliminary plan shows the dimensions of common open space. Ashmore 12 shall contain a screening fence alonq the Glade Road frontage which shall comply with section 24.1 of the City's Zoning ordinance. Relevant sections of the attached restrictive covenants are as follows: Common Open Space: section 4.13 screening and Landscaping: section 1.11 3.4 4.3 4.4 2.3 2.4 2.5 Sincerely, - - _. _. - - - . ..' COMM\IN/TY Dl!"f.J.UPMIiNT George A. field, III Chief operating Officer ., ~. . - .- -..- -- "00 P...BST'ON Ro/m SUIT!! :U 5 DAI.I.AS. TEXAS 13205-2653 ;l'1 '28-0,M [) 90 - 70S- PtUf- ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ("DECLARATION" ) EXHIBIT "G" THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT WHEREAS, , a Texas limited partnership (the "Declarant"), is the owner of Lots _ through _ of Block _, Lots _ through of Block _ and Lots _ through _ of Block _ in _' an Addition to the City of Coileyville (the "City"), Texas, according to the plat thereof (the "Plat") attached hereto as ~ A and recorded in Cabinet _, Hanger _ of the Map Records of Tarrant County (the "County"), Texas (the "Addition"). WHEREAS, Declarant has subdivided the Addition into single-family lots as shown on the Plat. As used herein, "lot" and "lots" shall refer only to the nlmbered plots shown on the Plat and shall not refer to public areas, parks, esplanades, tracts owned or subsequently acquired by any public body, or any plot or tract shown as a reserve whether designated as unrestricted or not. WHEREAS, Notice is hereby given that, by this Declaration, Declarant does not intend to contradict, amend, or alter any City Ordinances or Regulations. AllY party intending to acquire any interest in the Addition should perform independent investigation of City Ordinances and Regulations to make their own determination that the party's intended use is compatible with the relevant ordinances and regulations. NOW, THEREFORE, Declarant declares that the Addition shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, conditions, easements, changes and liens hereinafter set forth which are for the purpose of establishing a general scheme for the development of all of the lots and houses to be constructed in the Addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and houses and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the Addition or any part thereof (or in Additional Phases, if any, as defined in paragraph 4.15 of this Declaration), and which shall inure to the benefit of each owner thereof. ARTICLE I CONSTRUCTION QE IHPROVEMF.NTS l\!i!2 yg QE ~ Section 1.1 Residential~. All lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family resi- dence per lot and a private garage as provided below, except as permitted by the Conmittee (defined in Section 2.1 of this Declaration). The residence may not exceed the lesser of two and one-half (2-1/2) stories in height or the maximum height allowed by the City. Section 1.2 Sinale-Familv Use. Each residence may be occupied by only one family consisting of persons related by blood, adoption or marriage or no IOOre than two (2) unrelated persons living and cooking together as a single housekpeping unit, together with any household servants. Section 1.3 Garaaes ~ Drivewavs. Each residence shall have a detached or attached garage suitable for parking not less than two (2) or more than three (3) standard size autolOObiles, which garage conforms in design and materials with the main structure. Unless approved otherwise by the Committee, no garage shall have a vehicular access door or opening which faces any public right-of-way. All garage doors shall be closed at all times except as may be necessary for the entry and exit of vehicles and persons and during periods when cleaning of or storing in the garage is occurring. All driveways must be accessed from the front of the lot unless otherwise approved by the Committee. All driveways and driveway aprons or parking aprons must be kept free of any storage of vehicles or other material and must be kept clean of any dirt, debris, or stain. For purposes of this .Section, "storage" shall mean the parking or placing of any object or material for more than one day. Section 1.4 Restrictions on Resubdivision. None of the lots shall be subdivided into smaller lots. None of the lots shall be platted into larger lots without the prior written consent of the Committee. Section 1.5 Drivewavs. All driveways shall be surfaced with concrete or a similar substance approved by the Committee. No circular driveways shall be permitted without the prior written approval of the Committee. Section 1.6 ~ Specificallv Prohibited. (a) No temporary structure, shop, trailer or IOObile home of any kind or any improvement of a temporary charac- ter (except children's playhouses, dog houses, greenhouses, gazebos aftd. bl2illiinlJs far stel'llilil gf lI:.~h ...ainteaat,ee ~~i~.~ut, which may be placed on a lot only in places which are not visible from any public right-of-way) shall be permitted on any lot except that, with the prior written consent of the Committee, one temporary structure shall be PAGF. 1 QE 2. ~ 1L22L2l ./ {J- 9tJ- FtJ~ p~ 10 permitted for the purpose of allowing the Declarant to coordinate and promote activities directly or indirectly associated with lot and house sales in the Addition. No building material of any kind or character shall be placed or stored upon the Addi-tion until the owner thereof is ready to begin construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected. (b) No boat, boat trailer, marine craft, hover craft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for more than two consecutive days within the Addition, unless completely concealed from public view and adjacent lots. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the Umnediate vicinity. (c) No trucks with tonnage in excess of three quarters of a ton nor any vehicle with painted advertisement shall be permitted to park overnight within the Addition without the prior written approval of the Committee. (d) No vehicle of any size which transports inflammatory or explosive cargo is permitted in the Addition at any time. (e) No vehicles or similar equipment shall be parked or stored in an area visible from any public right-of-way except passenger automobiles, passenger vans, and pickup trucks that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas. (f) No structure of a temporary character, such as a trailer, basement, tent, shack, barn or other out-build- ing, shall be used on any property at any time as a dwelling house. (g) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in the Addition, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Addition. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted within the Addition. (h) No animals, livestock or poultry of any kind shall be raised, bred or kept on any property in the Addition except that dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these provisions to restrict the use of the property so that no person shall quarter on the premises, cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks or any other animals that may interfere with the quietude, health or safety of the community. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification. (i) No lot or other area in the Addition shall be used as a d~ing ground for any waste. Trash, garbage or other waste shall not be kept except in covered sanitary containers in appropriate locations which may be specified by the Committee and, unless otherwise expressly permitted by the Committee, such containers shall be situated and enclosed or screened so as not to be visible from any public right-of-way, private driva or adjacent lot. All equipment for the storage or other disposal of waste material shall be kept clean and sanitary condition. Materials incident to construction of improvements may be stored on lots during construction so long as construction pro- gresses without undue delay. (j) No individual water supply system shall be permitted in the Addition. (k) No individual sewage disposal system shall be permitted in the Addition. (1) No garage, garage house or other out-building may be occupied by any person prior to the erection of a residence. (m) No air-conditioning apparatus shall be installed on the ground in front of a residence. No air-condition- ing apparatus shall be attached to any front or side wall or window of a residence, or in any second floor window or wall. All utility meters, equipment, air-conditioning compressors, air-conditioning and heating units, sprinkler control devices and similar items must be visually screened from the streets and from adjoining lots in a momo.er acceptable to the Committee and must be located in areas acceptable to the Committee. (n) It is the intent of the Committee to insure that antennas, discs, dishes or other similar equipment do not detract from the overall appearance of the neighborhood as they are considered unsightly. No antennas, discs, dishes, or other equipment for sending or receiving sound or video messages shall be permitted in this Addition except antennas for I\H or FH radio reception and UHF and VHF television reception. All antennas shall be located inside the attic of the main residential structure. No use shall be made of any lot or structure thereon for any other type of radio or television or similar broadcasting system. (0) No noxious or offensive activity shall be undertaken within the Addition, which is or may become an annoy- ance or nuisance to the neighborhOod. Nothing herein shall prohibit an owner's use of a residence for quiet, inoffensive activities so long as such activities do not materially interfere with adjoining homeowner's use and enjoyment of their residences and yards. No exterior spotlighting shall be permitted which creates a nuisance for adjacent homeowners. 4/29/91 ~ 2 ill: 2 PAGES f ~ - f{)i f~.6 ~(p) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the public right-of-way lines and a line connecting them at points ten (10) feet from the intersection of the public right-of-way lines, or, in the case of a rounded property corner, from the intersection of the public right-of-way lines are extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a public right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at suffi- cient height to prevent obstruction of such sight lines. (q) Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn main- tenance equipment, no building previousiy constructed elsewhere shall be moved onto any lot, it being the intention that only new construction be placed and erected thereon. Children's play equipment such as sandboxes, temporary swimming pool having a depth of less than 24 inches, playhouses and tents shall not require approval of the Commit- tee provided that such equipment is not more than six (6) feet high, in good repair (including painting), and every reasonable effort has been made to screen or shield such equipment from view, Equipment higher than six (6) feet shall require approval as to design, location, color, material, and use. Any addition, exterior alteration, or change to an existing building shall be compatible with the design character of the original building and any new detached structure shall be cOllilatible with the parent structure, as approved by the Committee. (r) No structures, planting or materials shall be placed or permitted to remain on any lot which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow within drain- age channels or which may obstruct or retard the flow of water through drainage channels or easements. (s) The grading, slope and drainage plan of all lots, as shown on the Grading Plan defined in Section 3.1 of this Declaration may not be altered without the prior written approval of the Committee, the City and other appro- priate agencies having authority to grant such approval. (t) Unless approved otherwise by the Committee, no sign of any kind shall be displayed to the public view on any lot except one (1) professional sign of not more than five (5) square feet advertising the property for sale. Declarant and its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing requirements, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. All signs are subject to the approval of the Committee and may be required by the Committee to be removed if, in the sole judgment of the Committee, same are found to be inconsis- tent with the high standards of the Addition. (u) The drying of clothes in a location visible from any public right-of-way is prohibited. The owners and occupants of any lots at the intersections of streets or adjacent to parks, playgrounds or other facilities where the rear yard is visible to public view shall construct a suitable enclosure to screen from public view the equip- ment which is incident to normal residences, such as clothes drying equipment, yard equipment and storage piles. (v) Except within fireplaces in the main residential dwelling and except for outdoor cooking, no outdoor burning of anything shall be permitted anywhere within the Addition. (w) No carport shall be permitted on a lot. No porte cochere shall be permitted on a lot without the consent of the Comnittee. (x) No abandoned, derelict or inoperative vehicles may be stored or located on any lot unless approved by the Committee and stored in the garage at all times with the garage door closed. (y) No retaining walls visible from any public right-of-way or easement shall be permitted without the prior written approval of the Committee. Under no circumstwlces shall cross tie retaining walls visible from any public right-of-way be permitted. Materials used in retaining walls must be complementary to materials used in construction of the home on the lot. Section 1.7 Minimum Floor~. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory buildings, shall be not less than 3,500 square feet, except that the Committee may grant variances permitting houses not less than 3,150 square feet. The first story of two story houses must contain at least 1,800 square feet, unless approved otherwise by the Committee. Section 1.8 Structure Materials; Exterior Items and~. The total exterior vertical wall area of each structure exclusive of doors and windows, shall be at least 80\ masonry, brick, brick veneer, stone, or stone veneer. Installation of all types of exterior items and surfaces such as address numbers or external ornamentation, lights, mail chutes, mail boxes, roofing materials and exterior paint or stain, shall be subject to the prior approval of the Committee as to design, materials and location. Roofing material may be wood shingle, ceramic or concrete tile, slate, stone or other material approved by the Committee except that no asphalt or fiberglass material shall be permitted. However, if at any time the City of Colleyville enacts a City ordinance, or other requirement which prohibits wood roofs, the Committee may then permit asphalt, fiberglass or other composition shingles which have a weight of at least 300 pounds per square. Section 1.9 ~ ~ ~ Front ~ Setback Restrictions. Except as otherwise approved by the Committee, no structure shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum setback lines shown on the Plat. For the purposes of these covenants, eaves and steps and open porches shall not be considered as a part of the structure, provided however, that this shall not be construed to permit any portion of a structure on a lot to encroach upon another lot or to violate any City ordinance. ~ 1 ill: 2 PAGES 4/29/91 ()- ftJ- g 8.s-() r~/.;J.... Section 1.10 Waiver 2f Setback Reauirements. With the prior written approval of the Committee, any structure may be located further back or closer to any property line of a lot than provided above, where, in the opinion of the Committee, the proposed location of the structure will not substantially detract from the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots. Declarant may require that any structure be located further back or closer to any property line than provided above or on the Plat. Section 1.11 Fences and Walls. (a) Any fence or wall shall (i) comply with City requirements, including those regarding height, location and materials; (ii) not extend nearer to the front street than five feet behind the front of the house without the prior written approval of the Committee; (iii) be constructed of masonry, brick or other material approved by the Committee; (iv) be constructed so that the sides containing the structural supports are not visible from any public right-of-way; (v) be not less than six (6) feet in height or more than eight (8) feet in height as measured from existing ground level; (vi) for any fence on the side of a corner lot adjacent to a street, be at least five (5') feet inside the property line of such lot, unless otherwise approved by the Committee. However, on reverse frontage. lots, special, more restrictive fencing requirements may be imposed on the lot side contiguous to the street; (vii) if stained, be stained with a stain approved by the Committee. Fences may be privately installed but must be con- structed to professional levels of quality. (b) As to corner lots, any fence visible from a public right-of-way shall be a uniform fence of a design, material and color and in the specific location to be determined by the Committee for each lot, which shall generally include but not be limited to the following: (i) such fence shall be located between the structure and the property line; (11) that the fence not extend nearer to the front street than approximately one-half the depth of the house; (iii) there shall be a formal foundation planting along the outside of the fence; (iv) the Committee may require such fence be constructed of cedar or similar material, have trim boards, with masonry columns constructed of a material approved by the Committee; (v) the Committee may require that such fence extend no closer to any public right-of-way than the structure setback line which is more or less parallel to that right-of-way. (c) The Committee may require that all fences and retaining walls be constructed of a uniform color and/or mater ial. Section 1.12 Sidewalks. All sidewalks shall, at a minimum, conform to City specifications and regulations. The Committee may impose more restrictive standards than those required by the City. Section 1.13 Mailboxes. Mailboxes shall be constructed of brick or other masonry to match the house material, unless approved otherwise by the Committee, in accordance with City specifications, shall be constructed of a material and design approved by the Committee, and shall be of standardized construction and appearance, similar to other mailboxes in the Addition. No mailboxes may be constructed without the prior written consent of Committee. Section 1.14 Commencement 2f Construction. Each residence constructed on each lot, and any other improvements thereto, shall be commenced promptly after conveyance of the lot by Declarant and completed with due diligence but only after approval by the Committee of the plans and specifications prepared in connection with such construction. Section 1.15 Utilities. Except as to special street lighting or other aerial facilities which may be required by the City or which may be required by the franchise of any utility company or which may be installed by Declarant pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals, transformers and other surface installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed in the Addition 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, any person owning or acquiring any part of the Addition, and all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground unless otherwise required by a public utility or unless said aerial utilities are installed at the direction of Declarant. ARTICLE II ARCHITECTURAL CONTROL Section 2.1 ADPOintment. Declarant may designate and appoint an Architectural Control Committee (herein called (the "Committee") cOfiilOsed of two (2) or more individuals, each generally familiar with residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Addition. The Committee shall use its reasonable best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with this Declaration. Section 2.2 Successors. In the event of the death, resignation or removal by Declarant of any member of the Committee, Declarant may appoint a successor member. Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for, or be liable for claims, cause of action or damages arising out of, services performed, or not performed, pursuant to this Declaration. Section 2.3 Authority. No structure, fence, wall, landscaping, or other improvement shall be commenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all construction and IWldscaping plans and specifications and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to: ~ i gr 2. PAGES 4/29/91 "-) o - ?(}4tJs-7~ /3 (a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets; (b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and land- scaping in relation to the various parts of the proposed improvements and in relation to improvements on other lots in the Addition; and (c) the other standards set forth within this Declaration (and any amendments hereto) or matters in which the Committee has been vested with the authority to render a final interpretatlon and decision. The Committee is authorized and empowered, but not obligated, to consider, review and approve any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely or posi- tively affect the living enjoyment of one or more lot owners or the general value of lots in the Addition and, pursuant thereto, the Committee may require the submission of plans and specifications therefore prior to the commencement, or during the process, of such construction or landscaping. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider the general appearance of the proposed building as that can be determined from front, rear and side elevations on submitted plans. Section 2.4 Procedure!2t Approval. Final construction plans and specifications and landscaping plans and specifications shall be submitted in duplicate to the Committee. The plans and specifications shall show the nature, kind, shape, height, materials and location of all structures, landscaping and improvements. The documents shall specify any requested variance from the setback lines, garage location or any other requirement set forth in this Declaration. The Committee is authorized to require the submission of samples of proposed construction materials. At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a member or representative of the Committee and returned to the lot owner or his designated representative. If disapprovad by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a member or representative of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall any verbal approval of any plans be effective. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of submission of all required plans and specifications and any samples of proposed construction materials required by the Committee, written approval of matters submitted shall not be required and compliance with this Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded with such time period, the person sub- mitting the plans, specifications, and samples shall have the burden of establishing that the Committee actually received the plans. The Committee's receipt of the plans, specifications and samples may be established by a signed certified mail receipt or by other receipt signed by a representative of the Committee. If only one set of plans and specifications are submitted to the Committee, the Committee may retain that set in its files. Section 2.5 Standards. The Committee shall have sole discretion with respect to taste, design and all standards specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures, materials, or colors from being built in the Addition. The Committee shall also have the authority to require a 10/12 or greater roof slope, to specify that fireplaces and chimney flues be coverad with brick or masonry, to require the use of specific types of divided light windows, to prohibit or reatrict the use of solar or heating panels and generally to require that any plans meet or exceed the standards of the existing improvements on neighboring lots. The Committee may from time to time publish and promulgate architectural standards ("Standards"), which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. Committee reviews and approvals may be based upon these architectural Standards. Section 2.6 Termination. The Committee shall cease to exist on the earlier of: (a) the date on which all the members of the Committee file a document declaring the termination of the Committee, or (b) ten (10) years after the date hereof. Upon termination of the Committee, the record owners of a majority of the lots in the Addition (the "Record OWners") shall have the authority to record an instrument which provides for a committee elected by the Record OWners to continue the functions of the terminated Committee, which instrument shall establish election or appointment procedures whereby the Record OWners committee members shall be chosen and a notice procedure whereby all Record OWners in the Addition will receive notice of such procedures ("Record OWners' Committee"). If there is no Committee or Record OWners' Committee, no approval by the Committee or Record OWners' Committee shall be requirad under this Declaration but no variations from the standards set forth in this Declaration shall be permitted. Section 2.7 Liabilitv of Committee. Neither the Committee nor the individual members of the Committee shall have any liability for decisions made, or not made, by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with the general provisions of this declaration, City codes, state statutes or the common law, whether the same relate to lot lines, structure lines, easements or any other issue. This Section will also apply to the members of the Record OWners' Committee if such a committee comes into existence pursuant to Section 2.6. ~ ~ QE: 2 ~ 4/29/91 () - 90 -Ias- ?C2<j-L /1 ARTICLE III SPECIAL ~ AND LANDSCAPING 8m! GRADING f!o!\!i Section 3.1 Fences, Gradina Plan, Walls and Sprinkler Systems. For a period of ten (10) years after the re- cording of this document, Declarant, and the Association if it has been formed according to this Declaration, shall have the right to erect, install, maintain, repair and/or replace fences, walls and/or sprinkler systems within those portions of any lot which are located outside the building, setback or sight lines, including all public rights-of-way and easements located on or contiguous to any lot, as established by the Plat, this document or any governmental or any governmental entity (being referred to herein as the "Restricted Area"), Any fence, wall or sprinkler system shall be the property of the owner of the lot on which such fence, wallar sprinkler system is erected or installed, subject to the easements and rights of Declarant and the Association set forth below. No fence, wall or sprinkler system shall be erected or installed in the Restricted Area by the owner thereof without the prior written consent of Declarant, the Committee and the Association. Section 3.2 Landscapina. No landscaping may be installed without the prior written approval by the Committee of a landscape plan showing the proposed landscaping design and materials. Declarant or the Association shall have the right to grade, plant and/or landscape and maintain, repair, replace and/or change such grading, planting and landscaping on any portion of the Restricted Area. In the event Declarant does not landscape the Restricted Area, the owner thereof may plant grass and, with the prior written consent of Declarant, may landscape and plant trees and shrubs in the Restricted Area. Each lot on which a structure is constructed shall have landscaping, including, but not limited to, shrubs, flowers, trees, ground cover and grass, of a sufficient quality, quantity and design to be compatible with landscaping on adjoining lots and the neighborhood setting intended for the Addition. Landscaping of a lot, which must include a sprinkler system for the front yard (and on corner lots, sprinkler systems for side- yards visible from any public right-of-way), shall be completed within thirty (30) days after the date on which the house receives a certificate of occupancy from the City. Lot owner shall use reasonable efforts to preserve, keep and maintain the landscaping in a healthy and attractive condition. No cross tie walls shall be permitted in the front yard nor where visible from any public right-of-way. The Committee may require that each lot have up to three (3) five inch (5") caliper trees planted in the front yard. Tree type may be selected by the Committee. Section 3.3 Easement. The Declarant, the Association and the Committee each shall have, and hereby reserve, the right and easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth in this Declaration. Section 3.4 Maintenance Qy Individual 191~. In the event the Declarant, the Association or the Committee does not maintain or repair any fences, walls, grading, planting or landscaping erected, installed or situated within the Restricted Area of any lot, then the owner of such lot shall, at his expense, perform such maintenance and repair work as is necessary to maintain such fences, walls, grading, planting and landscaping in a good and neat condition and appearance; provided, however, that the lot owner shall give the Committee and the Association ten (10) business days' written notice before doing any maintenance other than mowing, edging and trimming. So long as the Restricted Area and any fences, walls, grading, planting and landscaping thereon are being reasonably maintained and repaired by the Committee and the Association, the owner of such lot shall not perform any maintenance or repair work within such Restricted Area without the prior written consent of the Committee and the Association. In no event shall the owner of any lot perform any maintenance or repair work on any sprinkler system within the Restricted Area without the prior written consent of the Committee and the Association. Section 3.5 ~ Committee's Discretion. Notwithstanding any provisions herein to the contrary, neither the Declarant, the Association, nor the Committee shall ever be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on any lots. Section 3.6 Gradina~. The owner of each lot shall strictly adhere to the grading plan attached hereto as Exhibit D (the "Grading Plan") and shall have an affirmative obligation to maintain the Grading Plan in all respects. Each owner of Lots __ through __ of Block _ hereby covenants and agrees to strictly adhere to the following obligations: (a) The owner of each lot shall keep any channel or swale which is located on the lot prior to the conveyance of the lot to the lot owner free and clear at all times of any debris and mowed to a height not to exceed two inches; (b) The owner of each lot shall build any side or rear lot line fence across any channel or swale so that no more than 50\ of the swale width is closed by fence material. For purposes of this section, "channel width" and "swale width" shall be defined as that cross-section triangular area which is formed by the walls of the swale or channel and the line connecting the tops of the two walls of the swale or channel. At least 50\ of the swale or channel width shall be left open. This specification can be achieved by alternating fence slats with open gaps where the fence protrudes into the channel width or swale width. ARTICLE IV GENERAL PROVISIONS Section 4.1 Easements, Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the residences. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing improvements. By acceptance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass and to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot. PAGE 2 QI 2 ~ 4/29/91 . " [) - r; tJ- jo~ ~ /S-- Section 4.2 Recorded ~ ~ other Recorded Instruments. All dedications, limitations, restrictions and reservations shown on the Plat and any other matters of record are Incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant, conveying lots in the Addition, whether specifically referred to therein or not. Section 4.3 Lot Maintenance. The owner and occupant of each lot shall cultivate an attractive ground cover or grass on all yards visible from the street, shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that runs long the property line, Grass, weeds and vegetation on each lot must be kept mowed at regular intervals so as to maintain the property in a neat and attractive manner. No vegetablas shall be grown in any location which is visible from a public right-of-way. No lot owner shall permit weeds or grass to grow to a height of greater than two inches (2") upon the lot. No foundation planting, shrub or other vegetation near the house shall be allowed to grow above the bottom of any window. If, after ten (10) days' prior written notice, an owner of a lot shall fail to: (a) control weeds, grass and/or other unsightly growth; (b) remove trash, rubble, building and construction debris; (c) exercise reasonable care and conduct to prevent or remedy an unclean, untidy or unsightly condition, or (d) otherwise satisfy the aforesaid maintenance requirements, then the Declarant, the Committee and the Association each shall have the authority and right, but not the obligation, to go onto the subject lot for the purpose of mowing and/or cleaning said lot or to otherwise effect the aforesaid maintenance requirements and shall have the authority and right to assess and collect from the owner of said lot the amount so expended by any of them in connection with mowing, cleaning or otherwise maintaining said lot on each respective occasion of such mowing, cleaning or maintenance. In the event an owner of a lot does not pay such an assessment within fifteen (IS) days after the date of the invoice for such assessment, such owner shall also be obligated to pay whichever of the Declarant, the Committee or the Association that has performed the aforesaid maintenance, interest thereon from said date until paid at the lesser of the maximum rate pennitted by applicable law or eighteen percent (16\) per annum and the costs of collection thereof. Section 4.4 Maintenance of Imorovements. Each lot owner shall maintain the exterior of all buildings, fences, walls and other improvements on his lot in good condition and repair, and shall replace worn and rotten parts, and shall regularly repaint all painted surfaces and shall not permit the deterioration of roofs, rain gutters, down- spouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improve- ments. Section 4.5 Mortoaaes. It is expressly provided that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encwnbered by such mortgage or deed of trust, but said covenants, conditions and restrictions shail be binding thereto as to lots acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such acquisition of title. Section 4.6 ~, The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a term of thirty (30) years after this Declaration is recorded. They shall be automatically extended for successive periods of ten (iO) years, as amended from time to time as provided herein or as allowed by applicable law. Section 4.7 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be preswned until the same is determined by the judgment or order of a court of coq>etent jurisdiction, such invalidity shall in no way affect any other condition, covenant or restriction, each of which shall remain in full force and effect. Section 4.6 Bindinn Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of, and is binding upon, each WId every person acquiring any part of the Addition (and Additional Phases, if any, as described in paragraph 4.15 of this Declaration) it being understood that such conditions, covenants, restrictions and agreements are not for the benefit of the owner of any land except land in the Addition (and Additional Phases, if any) and the same shall inure to the benefit of owners of land in the Addition (and Additional Phases, if any) and Declarant, its successors and assigns. This instrument, when executed, shall be filed of record in the deed records of the County so that each and every owner or purchaser or any portion of the Addition (and Additional Phases, if any) is on notice of the conditions, covenants, restrictions and agree- ment herein contained. Section 4.9 Enforcement. Declarant, the Committee, the Association and/or the owner of any lot in the Addition (and Additional Phases, if any) shall have the easement and right to have each and all of the foregoing restrictions, conditions and covwlants herein faithfully carried out and performed with reference to each and every lot In the Addition (and Additional Phases, if any), together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof, it being the intention hereby to attach to each lot in the Addition (and Additional Phases, if any), without reference to when it was sold, the right and easement to have such restrictions, conditions and covenants strictly complied with, such right to exist with the owner of each lot and to apply to all other lots in the Addition (and Additional Phases, if any) whether owned by the undersigned, its successors and assigns, or others. Failure by any lot owner, including Declarant, the Committee, or the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ~ 1 ill: 2 PAGES 4/29/91 f) - 9 ~ - r~::on 4.10 ~"tl;;iO! j "CMner". As used herein, the term "owner" shall refer to one or more Persons or entities (including contract sellers), of the fee simple title to a will be built a single-family residence, but not including those having an interest merely formance of an obligation. the record owner, whether lot on which there is or as security for the per- Section 4.11 Other Authorities. If other authorities, such as the City or County, impose more demanding, ex- pensive or restrictive requirements than those set forth herein, the requirements of such authorities shall be complied with. Other authorities' imposition of lesser requirements than those set forth herein shall not super- sede or diminish the requirements herein. Section 4.12 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the lot in the event the house on the lot has been conveyed to a homeowner, or to the street address shown on the lot sale contract between Declarant and the homebuilder in the event the house on the lot has not been conveyed to a homebuyer. Any notices or correspondence to the Declarant or to the Conmittee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Declarant or the Conmittee pursuant to an instrument recorded in the deed records of the County. Any notices or correspondence to the Association shall be addressed to the address specified in the Association Documents. Section 4.13 ~ CMners' Election 12 ~ Declarant's or Conmittee's Functions. If at any time prior to the formation of the Association the owners of a majority of the lots in the Addition (and Additional Phases, if any) execute and record a document stating their intent and desire to perform some or all of Declarant's or the Conmittee's landscape maintenance, approval, or other rights or functions hereunder ("Responsibilities"), and if such document provides a reasonable procedure for notifying and assessing all owners and for delegating the Respon- sibilities and performing such Responsibilities, and, if Declarant and the Committee consent to such delegation, and, if such document is approved and executed by Declarant and the Conmittee, then such owners shall be entitled to all the discretion, authority, easements and rights of Declarant and the Committee with respect to the matters as to which the lot owners elect to assume responsibility. Lot owners' rights and obligations under this paragraph 4.13 shall automatically terminate upon the formation of the Association defined in paragraph 4.14. Section 4.14 Declarant 12 [Qrm Homeowner's Association. Prior to the closing of the sale of the last lot to any entity but no sooner than when fifty percent (50\) of tILe homes in the Addition are occupied, Declarant shall form a homeowner's association with articles of incorporation, by-laws, and all other pertinent documents and 100\ of the owners of the lots in the Addition and in Additionel Phases, if any) shall automatically become members of the Association (the "Association") and the lots in the Addition (and in Additional Phases, if any) shall be subject to the Association Documents. The maximum annual assessment for each lot owner shall be fixed by the Board of Directors of the Association and will be payable by each lot owner monthly, the first payment being due for each lot on the first day of each month which follows the closing of the sale of that lot to the lot owner (the "Association Assessment"). After the Association is fonned, then at a time to be at Declarant's sole discretion, the Association shall take title to (and maintenance responsibility for) any common area in the Addition including but not limited to any landscape parkway along Glade Road, open space, or park land. For purposes of forming tILe Association, the by-laws and other pertinent documents of the Association (the "Association Documents") shall be those produced by Declarant, in Declarant's sole discretion. The Association Documents shall provide a mechanism for the possible annexation of Additional Phases as defined in paragraph 4.15 of this Declaretion, wlLich annexation shall be at Declarant's sole discretion. The Additional Phases may include additional areas for maintenance by the Association, including but not limited to additional right-of-way and park land. Section 4.15 Amendment. Until the sale by Declarant of all the total number of lots in the Addition to enti- ties unrelated to Declarant, Declarant may, in its sole discretion, abolish or amend the Declaration in whole or in part including but not limited to adding additional lots and/or phases to the description of the property cited in the first paragraph of this Declaration and/or adding additional declarant(s) which own property other than that described hereinabove in order to extend this Declaration to said property, such addition(s) to be known as the "Additionai Phases" and/or adding any Association Documents to this Declaration. In the event Additional Phases are added to the description of the property encumbered by this Declaration, then the right of Declarant(s) to amend this Declaration shall be extended until the sale by Declarant(s) (or any related entities) of all tILe total number of lots in the Addition, including the Additional Phases. Subsequent to such sale of all the lots in the Addition (and Additional Phases, if any), such covenants, condi- tions and restrictions may be amended by fifty-one percent (51\) of the then owners of lots (with one vote to be cese for each lot so owned) evidenced by a written document recorded in the county records bearing each of their signatures; provided, however, that for the ten (10) years following the recording of this. Declaration, no amendment of the covenants, conditions and restrictions set forth herein shall be valid or effective without the joinder of Declarant. Section 4.16 Declarant/Committee Interchanoeable Riohts and Duties. Except for Section 4.15 of this Declara- tion by which Section the right to amend this Declaration is limited to Declarant, all rights and duties of Declarant shall be exercisable by the Conmittee and all rights Wid duties of tILe Committee shall be exercisable by the Declarant. ~~Qf:2~ ill2L21 o - f () - ! OS-- fJa.jf.- /7 EXECUTED this day of , 1991. By: The David Bagwell Company, its general partner By: David S. Bagwell, President The undersigned, being a lienholder on the property affected by the foregoing Declaration, joins in the execu- tion hereof for the purpose of consenting to the covenants, conditions and restrictions therein contained and of subordinating said lien to said covenants, conditions and restrictions. By: Printed Name: Title: TIlE STATE OF TEXAS COUNTY OF This instrwnent was acknowledged before me this _ day of , 1991, by a Texas , on behalf of said in its capacity as general partner of , a Texas limited partnership, on behalf of said partnership. Notary Public in and for the State of Texas Print Name of Notary: My Commission Expires: TIlE STATE OF TEXAS COUNTY OF This instrwnent was acknowledged before me this _ day of of on behalf of said association. , 1991, by Notary Public in and for the State of Texas Print Name of Notary: My Commission Expires: ~ 2 QE 2 PJlGES imL2l D -9D-J~S- t'c:1.!J f.. / 8 THE STATE OF TEXAS COUNTY OF _ This instrument was acknowledged before me this _ day of of . 199_. by on behalf of Notary Public in and for the State of Texas Print Nsme of Notary: My Commission Expires: PAGE !Q Q[ !Q ~ ! ( ~ / Ordinance 0-90-805 Page /9 EXHIBIT ,,It,, ASHMORE PHASE *2 Tentative Development Schedule The following dates are estimates only. Actual development may occur earlier or may be delayed depending upon market and financing conditions. October 1990: Zoning request submitted Anticipated zoning approval Anticipated plat approval January 1991; May 1991: September 1991: Anticipated construction plan approval Anticipated development work begins March 1992: September 1992: Anticipated development work completed Anticipated park improvements begin October 1992: March 1993: Anticipated park improvements completed NOTE: Developer may develop the property in two phases in order to accelerate the opening of the park. lDAVID BAG\VELL COl\lB\NY May 1, 1991 Mayor and City Council City of Colleyville, Texas P.O. Box 185 Colleyville, Texas 76034 Dear Mayor and Council: Enclosed are revised covenants for Ashmore Phase II which I prepared in response to comments on the covenants I originally submitted. These are better covenants than the first ones, and I appreciate the input I've received to improve them. Thank you for allowing some extra time to work on this part of my re- zoning request for Ashmore Phase II. I hope everything is in order now. Sincerely yours, The David Bagwell Company ~tIJJt1 David S. Bagwell President cc: C. Robert Stripling COMMUNITI' DEVEJ.OPMENT ~~oo PRESTON ROAD SUITE 225 DAJ.J.AS. TEXAS 75205-26B 214 5 2 R-o~R6 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ("DECLARATION") THE STATE OF TEXAS KNOW ALL HEN BY THESE PRESENTS: COUNTY OF TARRANT WHEREAS, , a Texas limited partnership (the "Declarant"), is the owner of Lots _ through _ of Block _' Lots _ through __ of Block _ and Lots _ through _ of Block _ in _______, an Addition to the City of Colleyville (the "City"), Texas, according to the plat thereof (the "Plat") attached hereto as Exhibit ~ and recorded in Cabinet _' Hanger _ of the Map Records of Tarrant County (the "County"), Texas (the "Addition"). WHEREAS, Declarant has subdivided the Addition into single-family lots as shown on the Plat. As used herein, "lot" and "lots" shall refer only to the numbered plots shown on the Plat and shall not refer to public areas, parks, esplanades, tracts owned or subsequently acquired by any public body, or any plot or tract shown as a reserve whether designated as unrestricted or not. WHEREAS, Notice is hereby given that, by this Declaration, Declarant does not intend to contradict, amend, or alter any City Ordinances or Regulations. Any party intending to acquire any interest in the Addition should perform independent investigation of City Ordinances and Regulations to make their own determination that the party's intended use is compatible with the relevant ordinances and regulations. NOW, THEREFORE, Declarant declares that the Addition shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, conditions, easements, changes and liens hereinafter set forth which are for the purpose of establishing a general scheme for the development of all of the lots and houses to be constructed in the Addition and for the purpose of enhancing and protecting the value, attractiveness and desirability of said lots and houses and which shall run with the land and be binding on all parties having or acquiring any right, title or interest in the Addition or any part thereof (or in Additional Phases, if any, as defined in paragraph 4.15 of this Declaration), and which shall inure to the benefit of each owner thereof. ARTICLE I CONSTRUCTION OF IMPROVEMENTS AND USE Qf LOTS Section 1.1 Residential Use. All lots shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family resi- dence per lot and a private garage as provided below, except as permitted by the Committee (defined in Section 2.1 of this Declaration). The residence may not exceed the lesser of two and one-half (2-1/2) stories in height or the maximum height allowed by the City. Section 1.2 Sinqle-Familv Use. Each residence may be occupied by only one family consisting of persons related by blood, adoption or marriage or no more than two (2) unrelated persons living and cooking together as a single housekeeping unit, together with any household servants. Section 1.3 Garaqes and Driveways. Each residence shall have a detached or attached garage suitable for parking not less than two (2) or more than three (3) standard size automobiles, which garage conforms in design and materials with the main structure. Unless approved otherwise by the Committee, no garage shall have a vehicular access door or opening which faces any public right-of-way. All garage doors shall be closed at all times except as may be necessary for the entry and exit of vehicles and persons and during periods when cleaning of or storing in the garage is occurring. All driveways must be accessed from the front of the lot unless otherwise approved by the Comnittee. All driveways and driveway aprons or parking aprons must be kept free of any storage of vehicles or other material and must be kept clean of any dirt, debris, or stain. For purposes of this Section, "storage" shall mean the parking or placing of any object or material for more than one day. Section 1.4 Restrictions on Resubdivision. None of the lots shall be subdivided into smaller lots. None of the lots shall be platted into larger lots without the prior written consent of the Committee. Section 1.5 Driveways. All driveways shall be surfaced with concrete or a similar substance approved by the Committee. No circular driveways shall be permitted without the prior written approval of the Comnittee. Section 1.6 Uses Specifically Prohibited. (a) No temporary structure, shop, trailer or mobile home of any kind or any ~rovement of a temporary charac- ter (except children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, which may be placed on a lot only in places which are not visible from any public right-of-way) shall be permitted on any lot except that, with the prior written consent of the Committee, one temporary structure shall be pnr.~ 1 0~ Q r~r.~~ "-, .....,. permitted for the purpose of allowing the Declarant to coordinate and promote activities directly or indirectly associated with lot and house sales in the Addition. No building material of any kind or character shall be placed or stored upon the Addi-tion until the owner thereof is ready to begin construction of improvements, and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected. (b) No boat, boat trailer, marine craft, hover craft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for more than two consecutive days within the Addition, unless completely concealed from public view and adjacent lots. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. (c) No trucks with tonnage in excess of three quarters of a ton nor any vehicle with painted advertisement shall be permitted to park overnight within the Addition without the prior written approval of the Committee. (d) No vehicle of any size which transports infl_tory or explosive cargo is permitted in the Addition at any time. (e) No vehicles or similar equipment shall be parked or stored in an area visible from any public right-of-way except passenger automobiles, passenger vans, and pickup trucks that are in operating condition and have current license plates and inspection stickers and are in daily use as motor vehicles on the streets and highways of the State of Texas, (f) No structure of a temporary character, such as a trailer, basement, tent, shack, barn or other out-build- ing, shall be used on any property at any time as a dwelling house. (g) No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted in the Addition, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Addition. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted within the Addition. (h) No animals, livestock or poultry of any kind shall be raised, bred or kept on any property in the Addition except that dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these provisions to restrict the use of the property so that no person shall quarter on the premises, cows, horses, bees, hogs, sheep, goats, guinea fowls, ducks, chickens, turkeys, skunks or any other animals that may interfere with the quietude, health or safety of the community. It is the pet owner's responsibility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification. (i) No lot or other area in the Addition shall be used as a dumping ground for any waste. Trash, garbage or other waste shall not be kept except in covered sanitary containers in appropriate locations which may be specified by the Committee and, unless otherwise expressly permitted by the Committee, such containers shall be situated and enclosed or screened so as not to be visible from any public right-of-way, private drive or adjacent lot. All equipment for the storage or other disposal of waste material shall be kept clean and sanitary condition. Materials incident to construction of improvements may be stored on lots during construction so long as construction pro- gresses without undue delay. (j) No individual water supply system shall be permitted in the Addition. (k) No individual sewage disposal system shall be permitted in the Addition. (I) No garage, garage house or other out-building may be occupied by any person prior to the erection of a residence. (m) No air-conditioning apparatus shall be installed on the ground in front of a residence. No air-condition- ing apparatus shall be attached to any front or side wall or window of a residence, or in any second floor window or wall. All utility meters, equipment, air-conditioning compressors, air-conditioning and heating units, sprinkler control devices and similar items must be visually screened from the streets and from adjoining lots in a manner acceptable to the Committee and must be located in areas acceptable to the Committee. (n) It is the intent of the Committee to insure that antennas, discs, dishes or other similar equipment do no' detract from the overall appearance of the neighborhood as they are considered unsightly. No antennas, discs, dishes, or other equipment for sending or receiving sound or video messages shall be permitted in this Addition except antennas for AM or FM radio reception and UHF and VHF television reception. All antennas shall be located inside the attic of the main residential structure. No use shall be made of any lot or structure thereon for any other type of radio or television or similar broadcasting system. (0) No noxious or offensive activity shall be undertaken within the Addition, which is or may become an annoy ance or nuisance to the neighborhood. Nothing herein shall prohibit an owner's use of a residence for quiet, inoffensive activities so long as such activities do not materially interfere with adjoining homeowner's use and enjoyment of their residences and yards. No exterior spotlighting shall be permitted which creates a nuisance for adjacent homeowners. (p) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and six (6) feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the public right-of-way lines and a line connecting them at points ten (10) feet from the intersection of the public right-of-way lines, or, in the case of a rounded property corner, from the intersection of the public right-of-way lines are extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a public right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at suffi- cient height to prevent obstruction of such sight lines. (q) Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn main- tenance equipment, no building previously constructed elsewhere shall be moved onto any lot, it being the intention that only new construction be placed and erected thereon. Children's play equipment such as sandboxes, temporary swimming pool having a depth of less than 24 inches, playhouses and tents shall not require approval of the Commit- tee provided that such equipment is not more than six (6) feet high, in good repair (including painting), and every reasonable effort has been made to screen or shield such equipment from view. Equipment higher than six (6) feet shall require approval as to design, location, color, material, and use. Any addition, exterior alteration, or change to an existing building shall be compatible with the design character of the original building and any new detached structure shall be compatible with the parent structure, as approved by the Committee. (r) No structures, planting or materials shall be placed or permitted to remain on any lot which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow within drain- age channels or which may obstruct or retard the flow of water through drainage channels or easements. (s) The grading, slope and drainage plan of all lots, as shown on the Grading Plan defined in Section 3.1 of this Declaration may not be altered without the prior written approval of the Committee, the City and other appro- priate agencies haVing authority to grant such approval. (t) Unless approved otherwise by the Committee, no sign of any kind shall be displayed to the public view on any lot except one (1) professional sign of not more than five (5) square feet advertising the property for sale. Declarant and its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the foregoing requirements, and in so doing shall not be subject to any liability for trespass or any other liability in connection with such removal. All signs are subject to the approval of the Committee and may be required by the Committee to be removed if, in the sole judgment of the Committee, same are found to be inconsis- tent vith the high standards of the Addition. (u) The drying of clothes in a location visible from any public right-of-way is prohibited. The owners and occupants of any lots at the intersections of streets or adjacent to parks, playgrounds or other facilities where the rear yard is visible to public view shall construct a suitable enclosure to screen from public view the equip- ment which is incident to normal residences, such as clothes drying equipment, yard equipment and storage piles. (v) Except within fireplaces in the main residential dwelling and except for outdoor cooking, no outdoor burning of anything shall be permitted anywhere within the Addition. (v) No carport shall be permitted on a lot. No porte cochere shall be permitted on a lot without the consent of the Committee. (x) No abandoned, derelict or inoperative vehicles may be stored or located on any lot unless approved by the Committee and stored in the garage at all times with the garage door closed. (y) No retaining walls visible from any public right-of-way or easement shall be permitted without the prior written approval of the Committee. Under no circumstances shall cross tie retaining walls visible from any public right-of-way be permitted. Materials used in retaining walls must be complementary to materials used in construction of the home on the lot. Section 1.7 Minimum Floor Area. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls but exclusive of open porches, garages, patios and detached accessory bUildings, shall be not less than 3,500 square feet, except that the Committee may grant variances permitting houses not less than 3,150 square feet. The first story of two story houses must contain at least 1,BOO square feet, unless approved otherwise by the Committee. Section 1.B Structure Materials; Exterior Items and Surfaces. The total exterior vertical wall area of each structure exclusive of doors and windows, shall be at least BO\ masonry, brick, brick veneer, stone, or stone veneer. Installation of all types of exterior items and surfaces such as address numbers or external ornamentation, lights, mail chutes, mail boxes, roofing materials and exterior paint or stain, shall be subject to the prior approval of the Committee as to deSign, materials and location. Roofing material may be wood shingle, ceramic or concrete tile, slate, stone or other material approved by the Committee except that no asphalt or fiberglass material shall be permitted. However, if at any time the City of Colleyville enacts a City ordinance, or other requirement which prohibits wood roofs, the Committee may then permit asphalt, fiberglass or other composition shingles which have a weight of at least 300 pounds per square. Section 1.9 Side Line ~ Front Line Setback Restrictions. Except as otherwise approved by the Committee, no structure shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum setback lines shown on the Plat. For the purposes of these covenants, eaves and steps and open porches shall not be considered as a part of the structure, provided however, that this shall not be construed to permit any portion of a structure on a lot to encroach upon another lot or to violate any City ordinance. Section 1.10 Waiver of Setback Requirements. With the prior written approval of the Committee, any structure may be located further back or closer to any property line of a lot than provided above, where, in the opinion of the Committee, the proposed location of the structure will not substantially detract from the appearance and value of the lot and will not substantially detract from the appearance of the adjoining lots. Declarant may require that any structure be located further back or closer to any property line than provided above or on the Plat. Section 1.11 Fences and Walls. (a) Any fence or wall shall (i) comply with City requirements, including those regarding height, location and materials; (ii) not extend nearer to the front street than five feet behind the front of the house without the prior written approval of the Committee; (iii) be constructed of masonry, brick or other material approved by the Committee; (iv) be constructed so that the sides containing the structural supports are not visible from any public right-of-way; (v) be not less than six (6) feet in height or more than eight (8) feet in height as measured from existing ground level; (vi) .for any fence on the side of a corner lot adjacent to a street, be at least five (5') feet inside the property line of such lot, unless otherwise approved by the Committee. However, on reverse frontage lots, special, more restrictive fencing requirements may be imposed on the lot side contiguous to the street; (vii) if stained, be stained with a stain approved by the Committee. Fences may be privately installed but must be con- structed to professional levels of quality. (b) As to corner lots, any fence visible from a public right-of-way shall be a uniform fence of a design, material and color and in the specific location to be determined by the Committee for each lot, which shall generally include but not be limited to the following: (i) such fence shall be located between the structure and the property line; (ii) that the fence not extend nearer to the front street than approximately one-half the depth of the house; (iii) there shall be a formal foundation planting along the outside of the fence; (iv) the Committee may require such fence be constructed of cedar or similar material, have trim boards, with masonry colUllUls constructed of a material approved by the Committee; (v) the Committee may require that such fence extend no closer to any public right-of-way than the structure setback line which is more or less parallel to that right-of-way. (c) The Committee may require that all fences and retaining walls be constructed of a uniform color and/or material. Section 1.12 Sidewalks. All sidewalks shall, at a minimum, conform to City specifications and regulations. The Committee may impose more restrictive standards than those required by the City. Section 1.13 Mailboxes. Mailboxes shall be constructed of brick or other masonry to match the house material, unless approved otherwise by the Committee, in accordance with City specifications, shall be constructed of a material and design approved by the Committee, and shall be of standardized construction and appearance, similar to other mailboxes in the Addition. No mailboxes may be constructed without the prior written consent of Committee. Section 1.14 Commencement 21 Construction. Each residence constructed on each lot, and any other improvements thereto, shall be commenced promptly after conveyance of the lot by Declarant and completed with due diligence but only after approval by the Committee of the plans and specifications prepared in connection with such construction. Section 1.15 Utilities. Except as to special street lighting or other aerial facilities which may be required by the City or which may be required by the franchise of any utility company or which may be installed by Declarant pursuant to its development plan, no aerial utility facilities of any type (except meters, risers, service pedestals, transformers and other surface installations necessary to maintain or operate appropriate underground facilities) shall be erected or installed in the Addition 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, any person owning or acquiring any part of the Addition, and all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground unless otherwise required by a public utility or unless said aerial utilities are installed at the direction of Declarant. ARTICLE II ARCHITECTURAL CONTROL Section 2.1 ADoointment. Declarant may designate and appoint an Architectural Control Committee (herein called (the "Committee") composed of two (2) or more individuals, each generally familiar with residential and community development design matters and knowledgeable about Declarant's concern for a high level of taste and design standards within the Addition. The Committee shall use its reasonable best efforts to promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Addition consistent with this Declaration. Section 2.2 Successors. In the event of the death, resignation or removal by Declarant of any member of the Committee, Declarant may appoint a successor member. Declarant shall have full authority to designate and appoint a successor. No member of the Committee shall be entitled to compensation for, or be liable for claims, cause of action or damages arising out of, services performed, or not performed, pursuant to this Declaration. Section 2.3 Authoritv. No structure, fence, wall, landscaping, or other improvement shall be commenced, erected, placed, maintained or altered on any lot, nor shall any exterior painting of, exterior addition to, or alteration of, such items be made until all construction and landscaping plans and specifications and a plot plan have been submitted to and approved in writing by a majority of the members of the Committee as to: ':)n~!:" ,-1 (':~ Q r'l'lr-:~C: . '''1, J'1~ (a) quality of workmanship and materials, adequacy of site dimensions, adequacy of structural design, proper facing of main elevation with respect to nearby streets; (b) conformity and harmony of the external design, color, type and appearance of exterior surfaces and land- scaping in relation to the various parts of the proposed improvements and in relation to improvements on other lots in the Addition; and (c) the other standards set forth within this Declaration (and any amendments hereto) or matters in which the Committee has been vested with the authority to render a final interpretation and decision. The Committee is authorized and empowered, but not obligated, to consider, review and approve any and all aspects of construction and landscaping which may, in the reasonable opinion of the Committee, adversely or posi- tively affect the living enjoyment of one or more lot owners or the general value of lots in the Addition and, pursuant thereto, the Committee may require the submission of plans and specifications therefore prior to the commencement, or during the process, of such construction or landscaping. In considering the harmony of external design between existing structures and the proposed building being erected, placed or altered, the Committee shall consider the general appearance of the proposed building as that can be determined from front, rear and side elevations on submitted plans. Section 2.4 Procedure for APProval. Final construction plans and specifications and landscaping plans and specifications shall be submitted in duplicate to the Committee. The plans and specifications shall show the nature, kind, shape, height, materials and location of all structures, landscaping and improvements. The documents shall specify any requested variance from the setback lines, garage location or any other requirement set forth in this Declaration. The Committee is authorized to require the submission of samples of proposed construction materials. At such time as the plans and specifications meet the approval of the Committee, one complete set of plans and specifications will be retained by the Committee and the other complete set of plans shall be marked "Approved", signed by a member or representative of the Committee and returned to the lot owner or his designated representative. If disapproved by the Committee, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a member or representative of the Committee. Any modification of the approved set of plans and specifications must again be submitted to the Committee for its approval. The Committee's approval or disapproval, as required herein, shall be in writing. In no event shall any verbal approval of any plans be effective. If the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the date of submission of all required plans and specifications and any samples of proposed construction materials required by the Committee, written approval of matters submitted shall not be required and compliance with this Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded with such time period, the person sub- mitting the plans, specifications, and samples shall have the burden of establishing that the Committee actually received the plans. The Committee's receipt of the plans, specifications and samples may be established by a signed certified mail receipt or by other receipt signed by a representative of the Committee. If only one set of plans and specifications are submitted to the Committee, the Committee may retain that set in its files. Section 2.5 Standards. The Committee shall have sole discretion with respect to taste, design and all standards specified herein. One objective of the Committee is to prevent unusual, radical, curious, odd, bizarre, peculiar or irregular structures, materials, or colors from being built in the Addition. The Committee shall also have the authority to require a 10/12 or greater roof slope, to specify that fireplaces and chimney flues be covered with brick or masonry, to require the use of specific types of divided light windows, to prohibit or restrict the use of solar or heating panels and generally to require that any plans meet or exceed the standards of the existing improvements on neighboring lots. The Committee may from time to time publish and promulgate architectural standards ("Standards"), which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and intention of this Declaration. Committee reviews and approvals may be based upon these architectural Standards. Section 2.6 Termination. The Committee shall cease to exist on the earlier of: (a) the date on which all the members of the Committee file a document declaring the termination of the Committee, or (b) ten (10) years after the date hereof. Upon termination of the Committee, the record owners of a majority of the lots in the Addition (the "Record Owners") shall have the authority to record an instrument which provides for a committee elected by the Record Owners to continue the functions of the terminated Committee, which instrument shall establish election or appointment procedures whereby the Record Owners committee members shall be chosen and a notice procedure whereby all Record Owners in the Addition will receive notice of such procedures ("Record Owners' Committee"). If there is no Committee or Record Owners' Committee, no approval by the Committee or Record Owners' Committee shall be required under this Declaration but no variations from the standards set forth in this Declaration shall be permitted. Section 2.7 Liabilitv 21 Committee. Neither the Committee nor the individual members of the Committee shall have any liability for decisions made, or not made, by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with the general provisions of this declaration, City cedes, state statutes or the common law, whether the same relate to lot lines, structure lines, easements or any other issue. This Section will also apply to the members of the Record Owners' Committee if such a committee comes into existence pursuant to Section 2.6. ARTICLE III SPECIAL FENCING AND LANDSCAPING AND GRADING PLAN Section 3.1 Fences, Gradina Plan, Walls and Sprinkler Systems. For a period of ten (10) years after the re- cording of this document, Declarant, and the Association if it has been formed according to this Declaration, shall have the right to erect, install, maintain, repair and/or replace fences, walls and/or sprinkler systems within those portions of any lot which are located outside the building, setback or sight lines, including all public rights-of-way and easements located on or contiguous to any lot, as established by the Plat, this document or any governmental or any governmental entity (being referred to herein as the "Restricted Area"). Any fence, wall or sprinkler system shall be the property of the owner of the lot on which such fence, wall or sprinkler system is erected or installed, subject to the easements and rights of Declarant and the Association set forth below. No fence, wall or sprinkler system shall be erected or installed in the Restricted Area by the owner thereof without the prior written consent of Declarant, the Committee and the Association. Section 3.2 Landscapina. No landscaping may be installed without the prior written approval by the Committee of a landscape plan showing the proposed landscaping design and materials. Declarant or the Association shall have the right to grade, plant and/or landscape and maintain, repair, replace and/or change such grading, planting and landscaping on any portion of the Restricted Area. In the event Declarant does not landscape the Restricted Area, the owner thereof may plant grass and, with the prior written consent of Declarant, may landscape and plant trees and shrubs in the Restricted Area. Each lot on which a structure is constructed shall have landscaping, including, but not limited to, shrubs, flowers, trees, ground cover and grass, of a sufficient quality, quantity and design to be compatible with landscaping on adjoining lots and the neighborhood setting intended for the Addition. Landscaping of a lot, which must include a sprinkler system for the front yard (and on corner lots, sprinkler systems for side- yards visible from any public right-of-way), shall be completed within thirty (30) days after the date on which the house receives a certificate of occupancy from the City. Lot owner shall use reasonable efforts to preserve, keep and maintain the landscaping in a healthy and attractive condition. No cross tie walls shall be permitted in the front yard nor where visible from any public right-of-way. The Committee may require that each lot have up to three (3) five inch (5") caliper trees planted in the front yard. Tree type may be selected by the Committee. Section 3.3 Easement. The Declarant, the Association and the Committee each shall have, and hereby reserve, the right and easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth in this Declaration. Section 3.4 Maintenance ex Individual Lot OWner. In the event the Declarant, the Association or the Committee does not maintain or repair any fences, walls, grading, planting or landscaping erected, installed or situated within the Restricted Area of any lot, then the owner of such lot shall, at his expense, perform such maintenance and repair work as is necessary to maintain such fences, walls, grading, planting and landscaping in a good and neat condition and appearance; provided, however, that the lot owner shall give the Committee and the Association ten (10) business days' written notice before doing any maintenance other than mowing, edging and trimming. So long as the Restricted Area and any fences, walls, grading, planting and landscaping thereon are being reasonably maintained and repaired by the Committee and the Association, the owner of such lot shall not perform any maintenance or repair work within such Restricted Area without the prior written consent of the Committee and the Association. In no event shall the owner of any lot perform any maintenance or repair work on any sprinkler system within the Restricted Area without the prior written consent of the Committee and the Association. Section 3.5 The Committee's Discretion. Notwithstanding any provisions herein to the contrary, neither the Declarant, the Association, nor the Committee shall ever be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on any lots. Section 3.6 Gradina Plan. The owner of each lot shall strictly adhere to the grading plan attached hereto as Exhibit B (the "Grading Plan") and shall have an affirmative obligation to maintain the Grading Plan in all respects. Each owner of Lots __ through __ of Block _ hereby covenants and agrees to strictly adhere to the following obligations: (a) The owner of each lot shall keep any channel or swale which is located on the lot prior to the conveyance of the lot to the lot owner free and clear at all times of any debris and mowed to a height not to exceed two inches; (b) The owner of each lot shall build any side or rear lot line fence across any channel or swale so that no more than 50% of the swale width is closed by fence material. For purposes of this section, "channel width" and "swale width" shall be defined as that cross-section triangular area which is formed by the walls of the swale or channel and the line connecting the tops of the two walls of the swale or channel. At least 50\ of the swale or channel width shall be left open. This specification can be achieved by alternating fence slats with open gaps where the fence protrudes into the channel width or swale width. ARTICLE IV GENERAL PROVISIONS Section 4.1 Easements. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Easements are also reserved for the installation, operation, maintenance and ownership of utility service lines from the property lines to the residences. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing improvements. By acceptance of a deed to any lot, the owner thereof covenants and agrees to mow weeds and grass and to keep and maintain in a neat and clean condition any easement which may traverse a portion of the lot. Section 4.2 Recorded Plat and other Recorded Instruments. All dedications, limitations, restrictions and reservations shown on the Plat and any other matters of record are incorporated herein and shall be construed as being adopted in each contract, deed or conveyance executed or to be executed by Declarant,' conveying lots in the Addition, whether specifically referred to therein or not. Section 4.3 Lot Maintenance. The owner and occupant of each lot shall cultivate an attractive ground cover or grass on all yards visible from the street, shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that runs long the property line. Grass, weeds and vegetation on each lot must be kept mowed at regular intervals so as to maintain the property in a neat and attractive manner. No vegetables shall be grown in any location which is visible from a public right-of-way. No lot owner shall permit weeds or grass to grow to a height of greater than two inches (2") upon the lot. No foundation planting, shrub or other vegetation near the house shall be allowed to grow above the bottom of any window. If, after ten (10) days' prior written notice, an owner of a lot shall fail to: (a) control weeds, grass and/or other unsightly growth; (b) remove trash, rubble, building and construction debris; (c) exercise reasonable care and conduct to prevent or remedy an unclean, untidy or unsightly condition, or (d) otherwise satisfy the aforesaid maintenance requirements, then the Declarant, the COIlD\ittee and the Association each shall have the authority and right, but not the obligation, to go onto the subject lot for the purpose of mowing and/or cleaning said lot or to otherwise effect the aforesaid maintenance requirements and shall have the authority and right to assess and collect from the owner of said lot the amount so expended by any of them in connection with mowing, cleaning or otherwise maintaining said lot on each respective occasion of such mowing, cleaning or maintenance. In the event an owner of a lot does not pay such an assessment within fifteen (15) days after the date of the invoice for such assessment, such owner shall also be obligated to pay whichever of the Declarant, the COIlD\ittee or the Association that has performed the aforesaid maintenance, interest thereon from said date until paid at the lesser of the maximum rate permitted by applicable law or eighteen percent (IB\) per annum and the costs of collection thereof. Section 4.4 Maintenance of Imorovements. Each lot owner shall maintain the exterior of all buildings, fences, walls and other improvements on his lot in good condition and repair, and shall replace worn and rotten parts, and shall regularly repaint all painted surfaces and shall not permit the deterioration of roofs, rain gutters, down- spouts, exterior walls, windows, doors, walks, driveways, parking areas or other exterior portions of the improve- ments. Section 4.5 Mortaaaes. It is expressly provided that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said covenants, conditions and restrictions shall be binding thereto as to lots acquired by foreclosure, trustee's sale or otherwise, as to any breach occurring after such acquisition of title. Section 4.6 I!!m. The foregoing covenants and restrictions shall run with and bind the land and shall remain in full force and effect for a term of thirty (30) years after this Declaration is recorded. They shall be automatically extended for successive periods of ten (10) years, as amended from time to time as provided herein or as allowed by applicable law. Section 4.7 Severability. If any condition, covenant or restriction herein contained shall be invalid, which invalidity shall not be presumed until the same is determined by the judgment or order of a court of competent jurisdiction, such invalidity shall in no way affect any other condition, covenant or restriction, each of which shall remain in full force and effect. Section 4.B Bindina Effect. Each of the conditions, covenants, restrictions and agreements herein contained is made for the mutual benefit of, and is binding upon, each and every person acquiring any part of the Addition (and Additional Phases, if any, as described in paragraph 4.15 of this Declaration) it being understood that such conditions, covenants, restrictions and agreements are not for the benefit of the owner of any land except land in the Addition (and Additional Phases, if any) and the same shall inure to the benefit of owners of land in the Addition (and Additional Phases, if any) and Declarant, its successors and assigns. This instrument, when executed, shall be filed of record in the deed records of the County so that each and every owner or purchaser or any portion of the Addition (and Additional Phases, if any) is on notice of the conditions, covenants, restrictions and agree- ment herein contained. Section 4.9 Enforcement. Declarant, the Committee, the Association and/or the owner of any lot in the Addition (and Additional Phases, if any) shall have the easement and right to have each and all of the foregoing restrictions, conditions and covenants herein faithfully carried out and performed with reference to each and every lot in the Addition (and Additional Phases, if any), together with the right to bring any suit or undertake any legal process that may be proper to enforce the performance thereof, it being the intention hereby to attach to each lot in the Addition (and Additional Phases, if any), without reference to when it was sold, the right and easement to have such restrictions, conditions and covenants strictly complied with, such right to exist with the owner of each lot and to apply to all other lots in the Addition (and Additional Phases, if any) whether owned by the undersigned, its successors and assigns, or others. Failure by any lot owner, including Declarant, the Committee, or the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. rnr~ 7 0~ Q ~n~~~ .1/,Q.'01 Section 4.10 Definition 21 "Owner". As used herein, the term "owner" shall refer to the record owner, whether one or more persons or entities (including contract sellers), of the fee simple title to a lot on which there is or will be built a single-family residence, but not including those having an interest merelY,as security for the per- formance of an obligation. Section 4.11 Q!h![ Authorities. If other authorities, such as the City or County, ~se more demanding, ex- pensive or restrictive requirements than those set forth herein, the requirements of such authorities shall be complied with. Other authorities' ~sition of lesser requirements than those set forth herein shall not super- sede or diminish the requirements herein. Section 4.12 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the lot in the event the house on the lot has been conveyed to a homeowner, or to the street address shown on the lot sale contract between Declarant and the homebuilder in the event the house on the lot has not been conveyed to a homebuyer. Any notices or correspondence to the Declarant or to the Corm1ittee shall be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the Declarant or the COIIIIlittee pursuant to an instrument recorded in the deed records of the County. Any notices or correspondence to the Association shall be addressed to the address specified in the Association Documents. Section 4.13 Lot OWners' Election 12 ~ Declarant's 2r Conmittee's FWlctlons, If at any time prior to the formation of the Association the owners of a majority of the lots in the Addition (and Additional Phases, if any) execute and record a document stating their intent and desire to perform some or all of Declarant's or the COIIIIlittee's landscape maintenance, approval, or other rights or functions hereunder ("Responsibilities"), and if such document provides a reasonable procedure for notifying and assessing all owners and for delegating the Respon- sibilities and performing such Responsibilities, and, if Declarant and the Committee consent to such delegation, and, if such document is approved and executed by Declarant and the Conmittee, then such owners shall be entitled to all the discretion, authority, easements and rights of Declarant and the COIIIIlittee with respect to the matters as to which the lot owners elect to assume responsibility. Lot owners' rights and obligations under this paragraph 4.13 shall automatically terminate upon the formation of the Association defined in paragraph 4.14. Section 4.14 Declarant to f2Im Homeowner's Association. Prior to the closing of the sale of the last lot to any entity but no sooner than when fifty percent (SO%) of the homes in the Addition are occupied, Declarant shall form a homeowner's association with articles of incorporation, by-laws, and all other pertinent documents and 100% of the owners of the lots in the Addition and in Additional Phases, if any) shall automatically become members of the Association (the "Association") and the lots in the Addition (and in Additional Phases, if any) shall be subject to the Association Documents, The maximum annual assessment for each lot owner shall be fixed by the Board of Directors of the Association and will be payable by each lot owner monthly, the first payment being due for each lot on the first day of each month which follows the closing of the sale of that lot to the lot owner (the "Association Assessment"). After the Association is formed, then at a time to be at Declarant's sole discretion, the Association shall take title to (and maintenance responsibility for) any common area in the Addition including but not limited to any landscape parkway along Glade Road, open space, or park land. For purposes of forming the Association, the by-laws and other pertinent documents of the Association (the "Association Documents") shall be those produced by Declarant, in Declarant's sole discretion. The Association Documents shall provide a mechanism for the possible annexation of Additional Phases as defined in paragraph 4.15 of this Declaration, which annexation shall be at Declarant's sole discretion. The Additional Phases may include additional areas for maintenance by the Association, including but not limited to additional right-of-way and park land. Section 4.15 Amendment. Until the sale by Declarant of all the total number of lots in the Addition to enti- ties unrelated to Declarant, Declarant may, in its sole discretion, abolish or amend the Declaration in whole or in part including but not limited to adding additional lots and/or phases to the description of the property cited in the first paragraph of this Declaration and/or adding additional declarant(s) which own property other than that described hereinabove in order to extend this Declaration to said property, such addition(s) to be known as the "Additional Phases" and/or adding any Association Documents to this Declaration, In the event Additional Phases are added to the description of the property encumbered by this Declaration, then the right of Declarant(s) to amend this Declaration shall be extended until the sale by Declarant(s) (or any related entities) of all the total number of lots in the Addition, including the Additional Phases. Subsequent to such sale of all the lots in the Addition (and Additional Phases, if any), such covenants, condi- tions and restrictions may be amended by fifty-one percent (51\) of the then owners of lots (with one vote to be case for each lot so owned) evidenced by a written document recorded in the county records bearing each of their signatures; provided, however, that for the ten (10) years following the recording of this Declaration, no amendment of the covenants, conditions and restrictions set forth herein shall be valid or effective without the joinder of Declarant. Section 4.16 Declarant/Conmittee Interchanaeable Riahts and Duties. Except for Section 4.15 of this Declara- tion by which Section the right to amend this Declaration is limited to Declarant, all rights and duties of Declarant shall be exercisable by the COIIIIlittee and all rights and duties of the Committee shall be exercisable by the Declarant. oy: ... e L.'d\.'.tO c';-J.q..Je-i 1 ~utnl>;11lY, l:'S y~neral paru..er By: David S. Bagwell, President The undersigned, being a lienholder on the property affected by the foregoing Declaration, ]01nS in the execu- tion hereof for the purpose of consenting to the covenants, conditions and restrictions therein contained and of subordinating said lien to said covenants, conditions and restrictions. By: Printed Name: Title: THE STATE OF TEXlIS COUNTY OF This instrument was acknowledged before me this ____ day of a Texas , on behalf of said , a Texas limited partnership, , 1991, by in its capacity as general partner of on behalf of said partnership. Notary Public in and for the State of Texas Print Name of Notary: My Commission Expires: THE STATE OF TEXlIS COUNTY OF This instrument was acknowledged before me this _____ day of of on behalf of said association. , 1991, by Notary Public in and for the State of Texas Print Name of Notary: My Commission Expires: PAGE 2 OF 2 ~ iL12L2.l