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HomeMy WebLinkAboutO-398-7-82ORDINANCE NO. 398-7-82 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 372-10-81 TO INCLUDE THE ATTACHMENTS OF EXHIBIT "A", APPROVED SITE PLAN, AND EXHIBIT "B", USE REGULATIONS, FOR DEVELOPMENT OF W ACRES OF LAND AS DELINEATED ON THE OFFICIAL ZONING MAP AS PD-TH NO. 7; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notice by publication and otherwise; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, have held due hearings and afforded a full and fair hearing to all the property owners, generally, and to all persons interested and situated in the affected area, and in the vicinity thereof; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that the Planned Development Zoning Ordinance No. 372-10-81 should be amended to include the attachments of Exhibit "A", approved site plan, and Exhibit "B", use regulations, for development of 44± acres of land as delineated on the Official Zoning Map as a portion of PD-TH No. 7. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Planned Development Zoning Ordinance No. 372-10-81 of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit "A", approved site plan, and Exhibit "B", use regulations, for development of 44± acres of land as delineated on the Official Zoning Map as a portion of PD-TH No. 7. SECTION 2. That the following stipulations are made a part of the approval of the site plan and shall be adhered to in the final development of this property: Ordinance No. 398-7-82 - Page 1 a. The preliminary landscape plan, deed restrictions, and homeowners association charter shall become a part of the site plan and final versions shall be supplied for approval as part of the final platting process. b. The site plan shall be accepted as a concept design and a use plan only and in the event of a conflict between these plans and the City of Allen's Subdivision Ordinance, the City's Subdivision Ordinance will prevail and such conflicts will be resolved prior to acceptance of the final plat. C. Courtyard home regulations shall be amended to reflect a 2,200 square foot lot size minimum and with a minimum separation between the detached dwellings of 8 feet. d. The 33 feet of Chapparal Road adjacent to this property shall be completed from the eastern boundary of this property back to State Highway 5 prior to any construction in this area. SECTION 3. That all ordinances of the City of Allen in conflict with the provisions of this ordinance being the same are hereby repealed and all other provisions of said ordinance shall remain in full force and effect. SECTION 4. That the above-described tract of land shall be used in the manner and for the purposes provided for by the Planned Development Zoning Ordinance No. 372-10-81 of the City of Allen as amended herein by the approval of attachments of Exhibit "A" and Exhibit "B". SECTION 5. That any person, firm, or corporation violating any of the provisions of the terms of this ordinance shall be subject to the same penalty as provided for in the Planned Development Zoning Ordinance No. 372-10-81 of the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of $200.00 for each offense. SECTION 6. That it appears the above-described property requires site plan approval in order to permit its proper development and in order to protect the public interest, comfort, and general welfare of the City of Allen creates an urgency and an emergency for the preservation of the public health, safety, and welfare and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. Ordinance No. 398-7-82 - Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 15th DAY OF JULY , 1982. APPROVED: M. B. Pierson, Mayor ATTEST: Marty Hendrix, Cit 6Secretary Ordinance No. 398-7-82 - Page 3 Attachment to Ordinance No. 398-7-82, Exhibit "A" - Site Plan -- approved by the City Council on February 3, 1983 CITY SECRETARY OFFICE ALLEN CITY COUNCIL OFFICIAL FILE COPY February 3, 1983 Page 4 Mayor Pierson recessed the regular session of the Allen City Council at 9:03 p.m. The meeting was reconvened at 9:12 P.M. Approval of Items Related to the Collin Square Residential Develop- ment and Attachment of Documents to Planned Development No. 7 (Agenda Item VI -A) Mayor Pierson advised that the Planning and Zoning Commission, at their meeting of January 27, 1983, recommended approval of the preliminary landscape plan, declarations of covenants, restrictions and conditions, and the homeowners' agreement as satisfying the requirement of Planned Development No. 7, Section 2(a), for Phase I of Collin Square. Marilyn Putnam, with Fox & Jacobs, spoke before the Council on the preparation of the homeowners' agreement, the declaration of covenants, restrictions and conditions, and the preliminary landscape plan; and the work with the Planning and Zoning Com- mission on these documents and review of them by the City Attorney. There was considerable discussion between the City Council and Mrs. Putnam on Article IV "Rights of the City", in the home- owners' agreement regarding whether the city would ever want to maintain the common areas of this development, with the City Council stressing that the city would not want to take on that responsibility. MOTION: Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the preliminary landscape plan, the homeowners' agreement, and the declarations of covenants, restrictions and conditions to be made a part of Planned Development No. 7, Section 2(a), for Phase I of Collin Square, in accordance with the recommendations of the Planning and Zoning Commission, as stated. The motion carried. Approval of Final Plats for Phase I, II, III for Collin Square Residential Development (Agenda Item VI -B) Tom Cravens, with Fox & Jacbos, presented to and spoke before the Council on the three (3) final plats for Phases I, II, and,III of the Collin Square residential development. Mr. Cravens explained that Phase I contains the cluster homes, Phase II contains the single family and duplex development and Phase III contains the courtyard additions. Mr. Cravens also reviewed the streets running through the development, the cul-de-sac streets, fire lanes, and open space. He advised that the sewer system was being upgraded and a new lift station would be provided, as well as clearing of the creek area, trying to maintain the tree line on the west side of this development, and the timeframe for construction. The Council discussed with Mr. Cravens the dedicated streets in the cluster home development, the fact that the private drives would be owned by the homeowners' association and would be maintained by that association, as well as the sewer lines and water lines. The Planning and Zoning Commission recommended to the City Council that these three (3) final plats be approved as submitted at their meeting held on January 27, 1983. MOTION: Upon a motion made by Councilman Rodenbaugh and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to approve the three (3) Finals Plats for Phases I, II, and III of the Collin Square residential development as sub- mitted and in accordance with the recommendation of the Planning and Zoning Commission as stated. The motion carried. Attachment to Ordinance No. 398-7-82, Exhibit "A" - Site Plan -- approved by the Allen City Council on February 3, 1983 CITY SECRETARY OFFICE OFFICIAL FILE COPY HOMEOWNER'S AGREEMENT THE STATE OF TEXAS DEED RECORDS COUNTY OF COLLIN FOX & JACOBS, INC. a Nevada corporation, is the owner of property located in Collin County, Texas, being described on the plat attached hereto and made a part hereof and marked "Exhibit A." Fox & Jacobs, Inc. wants to establish reasonable restrictions on the development and use of the property. For the consideration of the mutual benefit to the owner and all future owners of the lots within the property, the following restrictions are placed on every lot and are made a part of every deed. ARTICLE I nafinitinnc The following words, when used in this statement of restrictions and covenants (unless the context shall clearly indicate otherwise), have the following meanings: A. "Association" means the COLLIN SQUARE HOMEOWNERS ASSO- CIATION, INC. B. "City" shall mean the City of Allen, Texas or its assignees. C. "Common Area" means -all of the property designated as a common area on the plat attached as "Exhibit A." D. "Lots" means the numbered lots as shown on the plat which is attached as "Exhibit A." E. "Owner" means the record owner (whether by foreclosure or other- wise) of fee simple title to any Lot. F. "Property" means the real property described above. ARTICLE II Association: Creation, Membership, Bylaws Section 1. The Association shall be formed as a non-profit corporation in accordance with the laws of the State of Texas. Section 2. All owners shall automatically become members of the Associa- tion. Membership in the Association is limited to the owners. Section 3. The Association may adopt bylaws that reasonably regulate the organization and operation of the Association. ARTICLE III Use and Management of Common Areas Section 1. Each Owner shall have the non-exclusive right of enjoyment and use of the Common Areas. This right is an easement and passes with the title to every Lot. Section 2. The Association shall maintain, repair, and restore all Common Areas. The Association shall levy an assessment upon each Lot on a pro rata basis for all cost connected with the maintenance of the Common Areas. -1- Attachment to Ordinance No. 398-7-82, Exhibit "A" - Site Plan CITY SECRETARY OFFICE OFFICIAL FILE COPY Section 3. Each assessment is the personal obligation of the Owner of each Lot at the time when the assessment is due. The assessment, together with interest and costs of collection including reasonable attorney's fees shall be a lien on the Lot and on all improvements on the Lot. ARTICLE IV Rights of the City Section 1. The City shall have the right (but not the obligation) to perform the maintenance obligations of the Association for the Common Areas if the Association fails to reasonably perform such maintenance obligations, and the Association fails to reasonably perform such maintenance obligations within ten (10) days after receipt by the Association of written notice from the City stating the nature and extent of the Association's failure to maintain Common Areas. Section 2. Upon assuming the maintenance obligation, the City may collect all assessments. Section 3. When the City assumes the maintenance obligation for the Common Areas, the City shall have the right of access to maintain the Common Areas. Such Common Areas will be maintained to City standards. The Association shall indemnify and hold the City harmless from any and all costs, expenses, suits, demands, liabilities, damages, or otherwise including attorney's fees and costs of suit, in connection with the City's acts or omissions in maintaining the Common Areas. Section 4. When the City assumes the maintenance obligation for the Common Areas, the Association shall not collect any assessments, and shall have no authority to perform the maintenance obligations. The Association may collect assessments and resume its duties to maintain the Common Areas when it presents to the City substantial evidence of its willingness and ability to resume its maintenance obligations. ARTICLE V Duration Section 1. These restrictions shall be binding for a period of thirty (30) years from the date of this agreement and shall automatically be extended for successive ten (10) year periods unless a written instrument vacating or modifying the agreement is signed by the City Manager or his designee and all owners, and filed in the Deed Records at the owners' expense. Section 2. The Allen City Council after recommendation by the City Planing Commission may by resolution filed in the Deed Records terminate this agreement if the Council finds physical conditions of the Property and the surrounding area have substantially changed to warrant the termination of this agreement. The City Manager or his designee shall give notice to each Owner not less than ten (10) days before the date set for the City Planning Commission hearing and the City Council hearing by depositing the notice properly addressed and postage paid in the United States Post Office to each Owner as the ownership appears on the last approved City Tax Roll. EXECUTED on this day of , 198_ FOX & JACOBS, INC. By: Its -2- Attachment to Ordinance No. 398-7-82, Exhibit "A" - Site Plan -- CITY SECRETARY OFFICE OFFICIAL FILE COFY STATE OF TEXAS ) COUNTY OF ) This instrument was acknowledged before me on by , of Fox & Jacobs, Inc., a Nevada corporation, on behalf of said corporation. My commission expires: Notary Public, County, Texas -3- ORIGINAL., STATE OF TEXAS 5 COUNTY OF COLLIN 3039G7 V0L 1914-,,,_ 934 DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS COLLIN SQUARE - PHASE 1 (Allen, Texas) This Declaration is made on the date hereinafter set forth by Fox & Jacobs, Inc., a Nevada corporation, hereinafter called "Declarant". RECITALS: The following facts exist: A. Declarant is the owner of that certain property known as the Collin Square - Phase I Addition to the City of Allen, Collin County, Texas, as shown on the plat thereof recorded in Cabinet D , Page 66 , Map and Plat Records, Collin County, Texas. B. Declarant desires to restrict the above-described property as more particularly provided in these Covenants, Restrictions and Conditions in order to establish a uniform plan for the development, improvement and sale of the lots in the above- described property, and to insure the preservation of such uniform plan for the benefit of both the present and future owners of such lots. NOW, THEREFORE, Declarant does hereby adopt, establish and impose the following restrictions, reservations, covenants and conditions upon the above-described property, which shall constitute covenants- running with the title of such property and be binding upon and inure to the benefit of Declarant, its successors, assigns and each and all of such beneficiaries. ARTICLE I DEFINITIONS Section L "Properties" shall mean and refer to all land described in Recital A., above, which is subject to the reservations set forth herein, and "Subdivision" shall mean and refer to the Collin Square - Phase I Addition as depicted on the Subdivision Plat, as hereinafter defined. Section 2. "Affected Lot" or "Affected Lots" shall mean and refer to the plot or plots of land described in Recital A., above, shown upon the Subdivision Plat, with the exception of any portion of such plots which may be designated or described on the Subdivision Plat as "Not Platted" or "Reserve" or with words of similar meaning. Section 3. "Declarant" shall mean and refer to Fox do Jacobs, Inc. or its successors and assigns, including, but not limited to, any person, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof, which acquires all or substantially all of the properties then owned by Fox do Jacobs, Inc. (or subsequent successors in interest), together with its rights hereunder, by conveyance or assignment from Fox & Jacobs, Inc., or by judicial or non -judicial foreclosure, for the purpose of development and/or construction on the Properties. Section 4. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Affected Lot but excluding those whose interest is held merely as security for the performance of an obligation. -1- ' I VOL 1914:,- -:935 Section 5. "Subdivision Plat" shall mean and refer to the map or plat of the Subdivision recorded inCabinet 4 Page 66, of the Map and Plat Records of the County, as amended from time to time. Section 6. "Unit" shall mean and refer to the structure which Declarant intends to construct and in fact constructs on an Affected Lot for occupancy by one person or one family. "Clustered Units" shall mean and refer to the groups of detached Units located adjacent to each Common Drive, as hereinafter defined, in the Subdivision. Section 7. "Common Area" shall mean and refer to the areas designated as such by shading on the Subdivision Plat. The Common Areas shall include the Common Drives and the Common Greenbelt, as hereinafter defined. The Common Areas shall be owned in fee and maintained by the Association. Section 8. "Common Drive" shall mean and refer to the areas designated as CD1 through 9 on the Subdivison Plat providing access to Clustered Units from dedicated streets. Section 9. "Common Greenbelt" shall mean and refer to the areas designated as CG1 through 9 on the Subdivision Plat. Section 10. "City" shall mean and refer to the City of Allen. "County" shall mean and refer to Collin County. Section 11. "Association" shall mean and refer to the Collin Square Home- owners Association, a Texas nonprofit corporation, its successors or assigns. Section 12. "HUD" shall mean and refer to the U.S. Department of Housing and Urban Development, acting through the Area Office having jurisdiction over the Association. Section 13. "Minimum House Size" of each Unit constructed in the Subdivi- sion shall be 1,000 square feet of air conditioned living area in the main residential area (without regard to garage or carport area) of each Unit. ARTICLE H RESERVATIONS, EXCEPTIONS AND DECLARATIONS Section L Easements. Declarant reserves the easements and rights-of-way as shown on the Subdivision Plat for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or lines, gas, sewers, cable television or any other utility Declarant sees fit to install in, across or under the Properties. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and economically installing the improvements. Neither Declarant nor any utility company nor any authorized political subdivision using the easements herein referred to shall be liable for any damages done by them or their assigns, their agents, employees or servants, to fences, shrubbery, trees or flowers or any other property of the Owner on the land covered by said easements. All easements, as filed on record, are reserved for the mutual use and accommodation of garbage collectors and all public utilities desiring to use same. Any public utility shall have the right to remove and keep all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its utility system on any easement strips, and any public utility shall, at all times, have the right of egress and ingress to and from and upon said easement strips for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or any part of its utility system without the necessity at any time of procuring the permission of anyone. Section 2. Installation of Paving. Declarant reserves the right, during installation of paving of the streets as shown on the Subdivision Plat, to enter onto any of the Properties for the purpose of street excavation, including the removal of any trees, if -2- VUL 1911,-__936 necessary, whether or not the Properties have been conveyed to or contracted for sale to any other Owner. Section 3. Title Subject to Easements. It is expressly agreed and under- stood that the title conveyed by Declarant to any of the Properties shall be subject to any easement affecting same for roadways or drainage, water, gas, sewer, storm sewer, electric light, electric power, telegraph, telephone, or cable television purposes as pictured on the Subdivision Plat or as installed, and shall convey no interest in any pipes, lines, poles or conduits, or in any utility facility or appurtenances thereto constructed by or under Declarant or any easement owner or any agents through, along, or upon the premises affected thereby, or any part thereof, to serve said land or any other portion of the Properties. The right to maintain, repair, sell or lease such appurtenances to any municipality or other governmental agency or to any public service corporation or to any other party is hereby expressly reserved. Section 4. Access to Common Drives. Each Owner of a Clustered Unit shall have a nonexclusive easement (which is hereby reserved by Declarant in his behalf) for the purposes described in this Section upon, over and across the Common Drive serving the group of Clustered Units in which such Owner resides. Such nonexclusive easement shall be for the purposes of (a) access to and from such Owner's property to and from a dedicated street and (b) the installation, maintenance and repair of utility and sewer services to such Owner's property (if any) located beneath the Common Drive. It is specifically provided that each Owner's entry upon the property affected by the easement herein reserved shall be made with due consideration for other Owners within the group of Clustered Units and without obstruction to the passage of others over the Common Drive. Section 5. Property Rights in Common Areas. Each Owner shall have a nonexclusive right and easement (which is hereby reserved by Declarant in his behalf) of enjoyment in and to the Common Greenbelt which right shall be appurtenant to and shall pass within the title to the Units. Section 6. Water, Sewer and Drainage. Declarant hereby reserves for itself the right to place connecting lines for all utility and sewer systems, including water, gas (if any) and sewer main connections, and drainage facilities on or under any Affected Lot for service to and drainage of such lot and other Affected Lots. An easement shall exist on any Affected Lot for such connecting lines and drainage facilities as the same are installed and Declarant hereby reserves an easement on any Affected Lot on which connecting lines are installed for their use and maintenance in favor of the Owner of any property which is served by or drains into such lines, provided that any entry upon the property on which the connecting lines are located shall be made with as little inconvenience to the Owner thereof as practical. Section 7. Encroachments; Overhang Easement. (a) Declarant hereby reserves for itself and each Owner an easement and right to overhang the adjacent Affected Lot with the roof of any Unit as any such roof is originally constructed or substantially repaired by necessity, but not otherwise. (b) If any portion of any Unit or any carport now encroaches upon any other Affected Lot or the property of any Owner other than the Owner of such Unit or upon a Common Area, or if any Unit hereafter constructed encroaches upon any other Affected Lot or the property of any Owner other than the Owner of such Unit or upon a Common Area, or if any such encroachment shall' occur hereafter as a result of settling or shifting of the building, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the building shall stand. In the event any Unit shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt, encroachment easements due to such rebuilding shall exist for such encroachments and maintenance thereof for so long as the building shall stand to the same extent and degree as such initial encroachments. Section 8. Association Easement. Declarant hereby reserves for the benefit of the Association and its agents a non-exclusive easement over and across the Common Areas for the purpose of performing landscaping or maintenance work on the Common -3- VOL �9 C. _ X937 Areas or for performing any obligations or enforcing any rights of the Association hereunder. The Association shall further have the right to enter the Private Areas to the extent necessary to perform the duties of or to enforce the rights of the Association only. ARTICLE III USE RESTRICTIONS Section 1. Land Use and BuildinjZ Type. All Affected Lots shall be known, described and used for residential purposes only and no structure shall be erected, altered, placed, or permitted to remain on any Affected Lot other than one single family residence not to exceed two (2) stories in height. No Affected Lot shall be used for business or professional purposes of any kind or for any commercial or manufacturing purpose. No building of any kind or character shall ever be moved onto any Affected Lot, it being the Intention that only new construction shall be placed and erected thereon. Section 2. Dwelling Size. The main residential portion of each Unit shall have a minimum floor area equal to or greater than the applicable zoning requirements of the City, and in any event shall be equal to or greater than the Minimum House Size. Section 3. Type of Construction, Materials, and Landscape. (a) No Unit shall be erected on an Affected Lot of materials other than brick, stone, brick -veneer, stone veneer, or other masonry materials unless the above named materials constitute at least seventy five percent (756) of the outside wall areas. (b) No fence or wall shall be erected, placed, or altered on any Affected Lot nearer to the lot lines established on the Subdivision Plat than the front building line of the main structure and no fence or wall shall exceed six (6) feet in height above ground level (or four feet in height abutting the Common Greenbelt Area). Section 4. Building Location. The Subdivision Plat shall comply with applicable zoning requirements of the City and Units will be located not less than each of the required distances from the front, side and rear property lines to building line established by applicable zoning requirements (if the zoning laws establish any such minimum set -back requirement). Section 5. Minimum Lot Area. No Owner's Property shall be resubdivided. Section 6. Annoyance or Nuisances. No noxious or offensive activity shall be carried on upon any portion of the Properties. Nothing shall be done upon any Affected Lot which may be or become an annoyance or a nuisance to the neighborhood. Section 7. Temporary Structures and Parking Restrictions. (a) No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any Affected Lot at any time as a residence, either temporarily or permanently; provided, however, (i) Declarant reserves the exclusive right to erect, place and main- tain such facilities in or upon any portions of the Properties as in its sole discretion may be necessary or convenient while selling Affected Lots or portions thereof, selling or constructing Units and constructing other improvements upon the Properties. Such facilities include, but are not limited to, sales and construction offices, storage areas, model units, signs, and portable toilet facilities. (ii) Anything contained in these restrictions to the contrary not- withstanding, there shall be permitted on Affected Lots the use of a dog house, so long as said dog house is not of unreasonable size and is so placed on an Affected Lot so as not to be visible from the front street side of the buildinus. -4- VOL A14 --r. 938 (b) Except as otherwise provided in paragraph (i) no truck, camper, motor home, trailer or inoperable or oversize vehicles of any type (whether or not operable) or boat (whether powered, sail or otherwise) may be parked, kept or stored on any Affected Lot (except in a garage or carport) or in any public street for more than thirty-six (36) hours during any seventy-two (72) hour period or parked, kept or stored at any time adjacent to the curb of the Common Drive. (i) A trailer, camper, motor home or boat may be parked, kept or stored on any Affected Lot behind the front building line, provided that the Owner ;maintains a solid wooden fence with no gaps between the Unit and each of the side lot lines of the Affected Lot, said fence to shield from view from the front and side ;,street the parked or stored trailer, camper, motor home or boat. Section 8. Sins and Billboards. No signs, billboards, posters, or advertising devices of any character shall be erected, permitted, or maintained on any Affected Lot or Unit except one sign of not more than eight (81) square feet in surface area or four feet (41) in height advertising the particular Owner's Property on which the sign is situated for sale or rent. The right is reserved by Declarant to construct and maintain such signs, billboards or advertising devices as are customary in connection with the general sale of residential property. Section 9. Oil and Mining Operations. No oil drilling or development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Affected Lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Affected Lot. No derrick or other structure designed for use in boring for oil or natural gas or other minerals shall be erected, maintained or permitted upon any Affected Lot. Section 10. Storage and Disposal of Garbage and Refuse. Owners shall abide by all rules promulgated by the Association and all the rules, regulations and ordinances duly enacted by the City including all such ordinances as they relate to storage and disposal of garbage, rubbish, trash or refuse which ordinances, as and when enacted, are incorporated herein by reference. No Affected Lot shall be used or maintained as a dumping ground for rubbish or garbage. Trash, garbage or other waste materials shall not be kept except in sanitary receptacles constructed of metal, plastic or masonry materials with sanitary covers or lids or as otherwise required by the City. All equipment for the storage or disposal of such waste :materials shall be kept in clean and sanitary condition. No Affected Lot shall be used for the open storage of any materials whatsoever which materials are visible from the street, except that new building materials used in the construction of improvements erected upon any Affected Lot may be placed upon such lot at the time construction is commenced and may be maintained thereon for a reasonable time, until the completion of the improvements, after which these materials shall either be removed from the Affected Lot or stored in a suitable enclosure on the Affected Lot. Section 11. Visual Obstructions at the Intersections of Public Streets. No object, including vegetation, shall be permitted on any corner lot which either (i) obstructs reasonably safe and clear visibility of pedestrian or vehicular traffic through sight lines parallel to the ground surface at elevations between two feet (21) and six feet (6') above the roadways, or (ii) lies within a triangular area on any corner lot described by three points, two such points being at the edge of the paving abutting said corner lot and at the end of twenty-five feet (25') back along the curb on the two intersecting streets abutting said corner lot, and the third point being the center of the corner curb abutting said lot. Section 12. Antennae. No radio or television aerial wires or antennae shall be maintained on any portion of any Affected Lot forward of the front building line of said lot nor shall any free-standing antennae of any style be permitted to extend more than twenty (20) feet above the roof of the main residential structure on said lot. No Owner shall install or maintain radio or television aerial wires or antennae in airspace over an adjoining Affected Lot. Section 13. Animals. No person owning any lot or lots shall keep domestic animals of a kind ordinarily used for commercial purposes on his Property, and no person -5- VOL 19144 :939 owning any Lot or Lots shall keep any animals in numbers in excess of that which he may use for the purpose of companionship of the private family, it being the purpose and intention hereof to restrict the use of said property so that no person shall quarter on the premises horses, cows, 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. Section 14. Burning and Burned Houses. No person shall be permitted to burn anything on any Affected Lot outside the main residential building. In the event that any Unit has burned and is thereafter abandoned for at least thirty (30) days, Declarant shall have the right (but no obligation whatsoever), after ten (10) days written notice to the record owner of the residence, to cause the burned and abandoned Unit to be removed and the remains cleared, the expense of such removal and clearing to be charged to and paid by the record owner. In the event of such removal and clearing by Declarant, Declarant shall not be liable in trespass or for damages, expenses, costs or otherwise to Owner for such removal and clearing. ARTICLE IV MAINTENANCE, REPAIRS AND IMPROVEMENTS OF AFFECTED LOTS Section 1. Unit Exterior and Lot Maintenance. Each Owner shall maintain the exterior of his Unit in an attractive manner and shall not permit the paint, roof, rain gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking areas and other exterior portions of his Unit to deteriorate in an unattractive manner. The drying of clothes on front yards is prohibited and the owner of any Affected Lot at the intersection of streets or adjacent to parks, playgrounds or other facilities where the rear yard or portion of the Affected Lot is visible to full public view shall construct and maintain a drying yard or other suitable enclosure to screen from public view the drying of clothes, yard equipment, and woodpiles or storage piles which are incident to the normal residential requirements of a typical family. In the event of default on the part of any Owner in observing the above requirements or any one of them, and the continuance of such default after ten (10) days' written notice thereof, the Association shall, without liability to such Owner in trespass or otherwise, have the right (but no obligation whatsoever) to enter upon said Affected Lot or cause to be cut such weeds and grass and remove or cause to be removed such garbage, trash and rubbish or do any other thing necessary to secure compliance with these restrictions so as to place said Affected Lot in a neat, attractive, healthful and sanitary condition and may render a statement of charge to the Owner of such Affected Lot for the cost of such work. Each Owner agrees by the purchase or occupation of his property to pay such statement immediately upon receipt thereof. Section 2. Additions and Exterior Improvements. No Owner shall make any addition to, modification of or alteration of the exterior of his Unit, substantial change of the landscaping of his Unit or any change in the color of any part of the exterior of his Unit unless such addition or change has been approved in writing by the Architectural Control Committee. ARTICLE V COLLIN SQUARE HOMEOWNERS ASSOCIATION Section 1. Membershi . Every Owner of a Unit which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and shall not be separated from ownership of any Unit which is subject to assessment. Every member shall have the right at all reasonable times during business hours to inspect the books of the Association. -6- Section 2. Voting Rights. voting membership: 0 '40L 1914.7,- -_940 The Association shall have two (2) classes of (a) Class A. Class A members shall be all Owners with the exception of Declarant and shall be entitled to one (1) vote for each Lot owned, unless Paired Units have been constructed, in which case the Owner of each Unit shall be entitled to one (1) vote. When more than one person holds an interest in any Unit, all such persons shall be members, but the vote for such Lot shall be exercised as they among themselves determine, and in no event shall more than one (1) vote be cast with respect to any Unit. (b) Class B. Class B members shall be Declarant who shall be entitled to three (3) votes for each Affected Lot owned by it. The Class B membership shall cease and be converted to Class A membership one hundred twenty (120) days after the conveyance of the Affected Lot which causes the total votes outstanding in the Class A membership to equal the total votes outstanding in the Class B membership, or three (3) years after conveyance of the first Affected Lot by Declarant, whichever occurs earlier. Section 3. Creation of the Lien and Personal Obligations of Assessments. Subject to the terms of this Article V, the Declarant for each Unit owned within the Properties hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 4. Annual Assessment or Charge. Subject to the terms of this Article, each Affected Lot in the Subdivision is hereby subjected to an annual mainten- ance charge and assessment not to exceed $ 40.00 per month or $480.00 per annum (unless such maximum shall be increased as provided in the Bylaws of the Association), for the purpose of creating a fund to be designated and known as the "maintenance fund," which maintenance charge and assessment will be paid by the Owner or Owners of each Unit within said Subdivision (and any area annexed under the jurisdiction of the Association) in advance in monthly, quarterly or annual installments, commencing as to all Affected Lots on the first day of the month following the conveyance of the first Affected Lot by Declarant to an Owner. The rate at which each Affected Lots will be assessed, and whether such assessment shall be payable monthly, quarterly or annually, will be determined annually by the Board of Directors of the Association at least thirty (30) days in advance of each annual assessment. Said rate and when same is payable may be adjusted from year to year by said Board of Directors as the needs of the Subdivision may in the judgment of the Directors require. The assessment for each Affected Lots shall be uniform except that as long as there is a Class B membership, the Board of Directors may charge and collect a fraction (not less than 50%) of the annual assessment on each Lot owned by Declarant until the conveyance of said Lot by Declarant to an Owner, or the Board of Directors may elect to accept in lieu of such fractional charge Declarant's agreement to contribute to the Association such amounts as may be necessary to fund the excess of the Association's operating costs over the total of regular assessments collected for a given period of operation. The due dates shall be established by the Board of Directors. The Association shall upon written demand and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Affected Lot have been paid. The Association shall use the proceeds of said maintenance fund in providing for norir.al, recurring maintenance charges for the Common Areas for the use and benefit of all residents of said Subdivision. Such uses and benefits to he provided by said Association may include, by way of clarification and not limitation, any and all of the following: normal, recurring and/or nonrecurring maintenance of the Common Drives and Common Greenbelt (including, but not limited to, mowing, edging, watering, clipping, sweeping, pruning, raking, and otherwise caring for -7- VIA 1914'.. _ 941 existing landscaping) and the improvements to such Common Areas, such as sprinkler systems, provided that the Association shall have no obligation (except as expressly provided hereinafter) to make capital improvements to the Common Areas; payment of all legal and other expenses incurred in connection with the enforcement of all recorded covenants, restrictions and conditions affecting the property to which the maintenance fund applies; payment of all reasonable and necessary expenses in connection with the collection and administration of the maintenance charge and assessment; employment of policemen and watchmen; caring for vacant lots; and doing any other thing or things necessary or desireable in the opinion of the Association to keep the Properties neat and in good order, or which is considered of general benefit to the Owners or occupants of the Properties, it being understood that the judgment of the Association in the expenditure of said funds and the determination of what constitutes normal, recurring maintenance shall be final and conclusive so long as such judgment is exercised in good faith. The Association shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance, repair and replacement of improvements to the Common Area. The fund shall be established and maintained out of regular annual assessments. Section 5. Special Assessments for Working Capital Fund, Nonrecurring Maintenance and Capital Improvements. In addition to the annual assessments authorized above, the Association may levy: (a) a special assessment equal to two (2) months' estimated regular assessment per Affected Lot shall be due and payable by the Owner upon the closing of the purchase of each Unit, provided that the Declarant shall contribute to the Association the special assessment allocable to each unsold Affected Lot if the closings of the sales of all Affected Lots do not occur within sixty (60) days after the date of the conveyance of the first Affected Lot by Declarant. After any such contribution by Declarant, the portion of such special assessment allocable to each Affected Lot shall be charged to each Owner at each Owner's closing and Declarant's contribution to the special assessment fund shall be reimbursed from the funds collected from Owners. The aggregate fund established by such special assessment shall be maintained in a segregated account, and shall be for the purpose of insuring that the Association will have cash available to meet unforeseen expenditures, or to acquire additional equipment or services deemed necessary or desirable by the Board; and (b) in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any nonrecurring maintenance, or the acquisition, construction, reconstruction, repair or replacement of a capital improvement upon any Common Area, including fixtures and personal property related thereto. The Association shall not commingle the proceeds of such special assessments with the maintenance. fund. Such proceeds shall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question. Section 6. Notice and Quorum. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 shall be sent to all members, or delivered to their residences, not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called immediately following the adjournment of the first meeting (without necessity) and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Effect of Non-payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen percent (18°A) per annum, or at such other rate as may be established from time to time by the Association, but in no event to exceed the maximum rate permitted by applicable law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his property. -8- Section 8. Subordinated Lien to Secure Pa.Vment. '1✓o secure e payment of the maintenance charge and assessment established hereby and to be levied on individual Affected Lots as above provided, there shall be reserved in each deed by which the Owner (the present and any subsequent owners) shall convey such property, or any part thereof, a Vendor's Lien for the benefit of the Association, said lien to be enforceable through appropriate proceedings at law by such beneficiary; provided, however, that each such lien shall be specifically made secondary, subordinate and inferior to all liens, present and future, given, granted, and created by or at the instance and request of the Owner of any such Affected Lot to secure the payment of monies advanced or to be advanced on account of the purchase price and/or the improvement of any such Affected Lot; and further provided that as a condition precedent to any proceeding to enforce such lien upon any Affected Lot upon which there is an outstanding valid and subsisting first mortgage lien, said beneficiary shall give the holder of such first mortgage lien sixty (60) days' written notice of such proposed action, such notice, which shall be sent to the nearest office of such first mortgage lienholder by prepaid U. S. Registered Mail, to contain the statement of the delinquent maintenance charges upon which the proposed action is based. Upon the request of any such first mortgage lienholder, said beneficiary shall acknowledge in writing its obligation to give the foregoing notice with respect to the particular property covered by such first mortgage lien to the holder thereof. Sale or transfer of an Affected Lot shall not affect the assessment lien. However, the sale or transfer of any Affected Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Affected Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 9. Duration. The above maintenance charge and assessment will remain effective for the full term (and extended term, if applicable) of the within covenants. ARTICLE VI GENERAL POWERS AND DUTIES OF BOARD OF DIRECTORS OF THE ASSOCIATION Section 1. Purpose of Maintenance Fund. The Board, for the benefit of the Owners, shall provide and shall pay for out of the maintenance fund provided for in Article V above the following: (a) Taxes and assessments and other liens and encumbrances which shall properly be assessed or charged against the Common Areas rather than against the individual Owners. (b) Care and preservation of the Common Areas, and the furnishing and upkeep of any desired personal property for use in the Common Areas. (c) The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board, provided that any contract for management of the Association shall be terminable by the Association, with no penalty, upon ninety (90) days prior written notice to the managing party, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager. (d) Legal and accounting services. (e) A policy or policies of insurance insuring the Association against any liability to the public or to the Owners (and/or invitees or tenants) incident to the operation of the Association in any amount or amounts as determined by the Board of Directors, including a policy or policies of insurance as provided herein in Article VIII. (f) Workmen's compensation insurance to the extent necessary to comply with any applicable laws. &02 VU 1914 -:943 (g) Such fidelity bonds as may be required by the Bylaws or as the Board may determine to be advisable. (h) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board is required to obtain or pay for pursuant to the teras of this Declaration or by law or which in its opinion shall be necessary or proper for the enforcement of this Declaration. Section 2. Powers and Duties. The Board, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the bylaws of the Association: (a) To execute all declarations of ownership for tax assessment purposes with regard to the Common Areas on behalf of all Owners. (b) To borrow funds to pay costs of operation secured by assignment or pledge of rights against delinquent Owners if the Board sees fit. (c) To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association. (d) To protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for replacements. (e) To make reasonable rules and regulations for the operation of the Common Areas and to amend them from time to time; provided that, any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Members, or with respect to a rule applicable to less than all of the Common Areas, by the Members in the portions affected (without limiting the generality of the foregoing language, the rules and regulations may provide for limitations on use of common recreational areas during certain periods by youthful persons, visitors or other- wise). (f) To make available for inspection by Members within sixty (60) days after the end of each year an annual report and to make all books and records of the Association available for inspection by Members at reasonable times and intervals. (g) To adjust the amount, collect and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency. (h) To enforce the provisions of this Declaration and any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules. (i) To delegate the duty to collect assessments provided for herein to pay for such service. Section 3. Board Powers, Exclusive. The Board shall have the exclusive right to contract for all goods, services and insurance, payment for which is to be made from the maintenance fund and the exclusive right and obligation to perform the functions of the Board except as otherwise provided herein. Section 4. Maintenance Contracts. The Board, on behalf of the Association, shall have full power and authority to contract with any Owner for the performance by the Association of services which the Board is not otherwise required to perform pursuant to the terms hereof, such contracts to be upon such terms and conditions and for such consideration as the Board may deem proper, advisable and in the best interest of the Association. -10- D ARTICLE VII y[JL 1914:,- : S44 ARCHITECTURAL CONTROL COMMITTEE - Section 1. Establishment. There is hereby established an Architectural Control Committee for the Subdivision for the purposes set forth in this Declaration. I` Section 2. Composition. Declarant shall have the right to designate the members of the Architectural Control Committee (the "Committee') so long as it owns any portion of the Properties. There shall be three (3) members of the Committee. After Declarant no longer owns any portion of the Properties, it shall no longer have any right to appoint members to the Committee. Thereafter, in the event of the resignation, continued absence, failure to function or death of any single member, the two members of the Committee remaining from time to time shall have full authority to designate the third member, or if there are fewer than two members remaining at any time (or if any two remaining members cannot agree on the appointment of the third member), the Committee vacancies shall be filled by popular vote of the Owners of the Affected Lots on persons nominated by any such Owner. Section 3. Functions. No building, fence, wall, or other structure shall be commenced, erected, or maintained upon any Affected Lot, nor shall any exterior addition to, or change or alteration therein, be made, nor shall any landscaping of any Affected Lot be undertaken, until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to, and approved in writing by, the Committee as to harmony of external design and location in relation to surrounding structures and topography. In the event that any plans and specifications are submitted to the Committee as provided herein, and the Committee shall fail either to approve or reject such plans and specifications for a period of fifteen (15) days following such submission, such failure shall be deemed to be an approval by the Committee for all purposes. ARTICLE VIII TITLE TO COMMON AREAS Section 1. Association to Hold. On or before conveyance by Declarant of the first Affected Lot to an Owner, Declarant shall convey title to the Common Areas to the Association. Conveyance shall be made by special warranty deed. Prior to such conveyance, Declarant shall maintain the Common Areas. After title thereto rests in the Association, the Association shall assume all maintenance obligations with respect to the Common Areas. Section 2. Liability Insurance. From and after the date on which title to the Common Areas vests in the Association, the Association shall purchase and carry a general comprehensive public liability insurance policy for the benefit of the Association and its members, covering occurrences on the Common Areas. The policy limits shall be as determined by the Board of Directors of the Association, but in no event shall the face amount of such policy for a single incident be less than $1,000,000.00. The Association shall use its best efforts to see that such policy shall contain, if available, cross -liability endorsements or other appropriate provisions for the benefit of members, Directors and the management company retained by the Association (if any), insuring each against liability to each other insured as well as third parties. Any proceeds of insurance policies owned by the Association shall be received, held in a segregated account and distributed to the Association's general operating account, members, Directors, the management company and other insureds, as their interests may appear. Section 3. Condemnation. In the event of condemnation or a sale in lieu thereof of all or any portion of the Common Areas, the funds payable with respect thereto shall be payable to the Association and shall be used by the Association to purchase additional Common Areas to replace that which has been condemned or to take whatever -11- m �s VIA 1914;= .:945 steps it deems reasonably necessary to repair or correct any damage suffered as a result of the condemnation. In the event that the Board of Directors of the Association determines that the funds cannot be used in such a manner due to the lack of available land for additional Common Areas or for whatever reason, any remaining funds shall be distributed to each Owner on a pro rata basis. Section 4. Notice of Events. The Association shall notify in writing the holder(s) of any valid and subsisting first mortgage lien on an Affected Lot of the occurrence of any of the following events (in addition to such other matters as are specified herein), when the Association itself is notified: (a) any condemnation or casualty loss that affects either a material portion of the Subdivision or a Unit securing such lienholder's debt; (b) any lapse, cancellation or modification which materially reduces cover- age under insurance policies maintenance by the Association; and (c) such further matters as are specified in the Association by-laws; provided that such lienholder has made a written request to the Association for such notices, stating its name and address for notice purposes and the Unit number and address of the Affected Lot in which it holds an interest. ARTICLE IX GENERAL PROVISIONS Section 1. Term. Unless earlier terminated in accordance with this instrument, the foregoing building and use restrictions which are hereby made conditions subsequent running with the land shall remain in force and effect for thirty (30) years from the date of this instrument at which time the same shall be automatically extended for successive periods of ten (10) years unless a majority vote of the then property owners of the Affected Lots shall agree in writing to change said conditions and covenants in whole or in part. Section 2. Adjacent Property. (a) No obligation is created hereby with respect to property adjacent to or adjoining the Properties and which is part of the Subdivision or of any larger tract of land owned by Declarant. While Declarant may subdivide other portions of its property, or may subject same to a declaration such as this Declaration, the Declarant shall have no obligation to do so. Any Subdivision Plat or Declaration executed by Declarant with respect to any of its other property may be the same or similar or dissimilar to the Subdivision Plat covering the Properties or any part thereof, or to this Declaration. (b) Lands adjacent to the Subdivision may for a period not to exceed seven (7) years after the date of recording hereof be annexed into the jurisdiction of the Association in the manner hereinafter described. The Owners of Affected Lots in each future section so annexed as well as all Owners subject to the jurisdiction of the Association shall be entitled to the use and benefit of any Common Ownership Areas as are or may become subject to the jurisdiction of the Association as a result of such annexation and the facilities thereon (which shall be consistent with the existing improvements to the Common Ownership Areas, if any, in terms of quality of construc- tion), and shall be entitled to the use and benefit of the maintenance fund hereinafter set forth, provided that each future section must be annexed subject to an annual mainte- nance charge and assessment on a uniform, per Lot basis equivalent to the maintenance charge imposed hereby, effective upon annexation and provided further that the cost of any improvements to Common Ownership Areas hereafter annexed shall be borne solely by the Owners of such after -annexed properties. Such sections shall by recorded restrictions be made subject to the jurisdiction of the Association, and shall have been accepted by -12- 0L AAA :-946 resolution of the Board of Directors of the Association. While a Class B membership exists, approval of a proposed annexation of property by either (i) HUD, or (ii) the vote of a two-thirds (2/3) majority of the Members (but not both) shall be required to effect the annexation. After expiration of the Class B membership, approval by the vote of a two- thirds (2/3) majority of the Members shall be required. Section 3. Enforcement. If any person shall violate or attempt to violate any of the covenants herein, it shall be lawful for any Owner situated in said Properties, including Declarant, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages for such violation. Section 4. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. Section 5. Existing Liens. Violation or failure to comply with the foregoing restrictions, covenants, and conditions shall in no way affect the validity of any mortgage, loan or bona fide lien which may, in good faith, be then existing on any affected lot. Section 6. Amendment by Declarant. Declarant reserves the right in its sole discretion and without joinder of any Owner at any time so long as it maintains voting control of the Association, to amend, revise, or abolish any one or more of the foregoing restrictions by instrument duly executed and acknowledged by it as the developer and filed in the Deed Records of the County, provided that such instrument has been approved by HUD. Declarant reserves the further right, without joinder of any Owner at any time, to amend, revise or abolish any one or more of the foregoing restrictions on behalf of the Association and the Owners by instrument duly executed and acknowledged by it as the developer and filed in the Deed Records of the County, so long as such action is for the purpose of complying with the reasonable requests of the Federal National Mortgage Association and/or HUD, or for qualification of mortgages on Affected Lots for purchase or guarantee by the Federal National Mortgage Association and/or HUD. Notwithstanding any term hereof to the contrary, no easements or other interests in any Owner's Affected Lot shall be created, amended, abolished or otherwise affected without the prior written consent of such Owner. Section 7. Amendment by Association. The Association shall have the right at any time to amend the terms of these restrictions by a 75% vote of its members, determined by allocating votes as provided in Article V, Section 2 hereof. So long as Class B membership in the Association exists, however, no such Amendment shall become effective without the approval of HUD. No such Amendment shall become effective in any event unless contained in a duly executed and acknowledged instrument filed in the Dallas County Deed Records. Section 8. Exclusions. These restrictions shall not extend to or cover any portion of the Properties which is or may hereafter be designated or described (i) on the Subdivision Plat with the terms "Not Platted" or "Reserve", or with words or terms of similar meaning or (ii) in Exhibit A, if any, attached hereto and made a part hereof for all purposes. Moreover, these restrictions shall not extend to or cover any portion of the Properties upon which no private dwelling is constructed within five (5) years of the date hereof and which property is hereafter, at any time, re -zoned by any city government in which the property is or may be located with a classification other than single family residential. Section 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, addressed at the address last shown in the records of the party Giving notice. -13- WIF e -5 401914:; :W Section 10. Notwithstanding any term or provision hereof to the contrary, In the event of a conflict between the use restrictions of this Declaration and the ordinances of the City relating to use of land within the Subdivision, whichever use restriction is more restrictive shall control. Section 11. Reference is hereby made to that one certain Homeowners Agreement dated and recorded of even date herewith in the County Deed Records, executed by Declarant. In the event of a conflict between this Declaration and such Homeowners Agreement the Homeowners Agreement shall control. Section 12. It is the Declarant's express intention in making this Declara- tion to qualify mortgages on the Affected Lots for purchase or guarantee by the Federal National Mortgage Association and/or HUD. If any provision hereof is susceptible to more than one interpretation, it is the Declarant's intent that such provision be construed to give effect to the Declarant's intent as provided in this Section. EXECUTED this the 1st day of May , 1984 . • �vA►T.T.ES s ry • r n ' spi ant. cretary 9ettyr.4�f 1- i ams STATE OF TEXAS § COUNTY OF DALLAS FOX & JACOBS, INC. B Mari Xn P tman Its: LdnG buyer This instrument was acknowledged before me on May 1 , 19 84 by Marilyn Putman , Land Buyer of Fox & Jacobs, Inc., a Nevada corporation, on behalf of said corporation. My Commission Expires: February 23, 1988 -14- Notary Public in and fo�� Dallas County, Texas ,UGI(H A. McCUNLOGUE Notary Public in and for State of Texas „�y commission expires 2.23.88 Is A N ORGII-IAL REAN R'L TU,R i n TO FOX & JACOBS, INC. B 9 x I 10 "ill 12)"L 4 CARROLLTON, TX "r -M-0034 �-ITN: llu-cj; 'c - omll-' .9 In r --A Is A N ORGII-IAL REAN R'L TU,R i n TO FOX & JACOBS, INC. B 9 x I 10 "ill 12)"L 4 CARROLLTON, TX "r -M-0034 �-ITN: llu-cj; 'c - omll-' .9 vu l JrunrlRKT uptluE ' COMMON MON D010$,s OFFICIAL FILE COPi' Landscape Plan 1. Zoning Category A. Traditional Single Family Homes - Approx. 5 acres, 15 dwelling units, min. landscape package for area will include: 45 shade trees 105 foundation plants B. Duplex Townhomes - Approx. 5 acres, 44 dwelling units, min. landscape package for area will include: 60 shade trees 28 ornamental trees 220 foundation plants C. Cluster Homes - Approx. 17 acres, 100 dwelling units, min. landscape package for area will include: 150 shade trees 50 ornamental trees 500 foundation plants All common areas hydromulched or seeded and served by a sprinkler system. D. Courtyard Homes: Approx. 10 acres, 103 dwelling units, min. landscape package for area will include: 50 shade trees 50 ornamental trees 500 foundation plans or shurbs All common areas sodded, hydromulched, or seeded and served by a sprinkler system. 2. Planting Concept While the above numbers represent minimum totals, where possible plants will not be evenly distributed by lot. -Since rigid planting forms do not occur in nature, emphasis will be on grouping or clustering plants to accent vistas and movements. For example: Natures way: 0, 1 P14 P-4 0, Na , I AWMI P -O4 i 5 j i ufoa: WIFfso�fis�ss�ii Our plan would be to group plants in clusters of 2, 3, and 4 to accent "wooded" areas and to give the impression of an instantly mature neighborhood. ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982 EXHIBIT "B" Covenants, Codes & Restrictions Deed restrictions: 1. Establish environmental standards: - height of grass - vehicle storage - fencing & screening requirements - firewood storage - structural -maintenance - use standards - garbage collection 2. Establish architectural control within each "cluster" or "courtyard" - Maintenance of aesthetics landscaping structural additions exterior maintenance & colors 3. Establishes vehicles for enforcement and/or arbitration of deed restrictions - architectural control committee within each courtyard - homeowners association as an umbrella control organization elected by all homeowners - external means of enforcement and/or arbitration - legal and quasi -legal actions Homeowners Association Charter: 1. Establishes the framework of the organization: - membership - structure & officers - elections - meetings 2. ' Establishes responsibilities & functions: - setting of assessment rates - enforcement do arbitration - contracting for maintenance - collection of revenues - provision of a forum for change and/or complaint - restrict useage of all common areas 3. Establishes powers of the Association: - levy assessments - place liens - take legal action against or on behalf of member of membership as a whole. . ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982 EXHIBIT "B" 9 Section 4. Height Regulations: No building shall exceed thirty (30) feet or two and one-half stories in height Section 5. Area Regulations: a) Minimum lot size 3300 square feet with a minimum width (measured at the building line) of 30' and a minimum depth of 110' b) Size of yards: 1. Front yard - There shall be a front yard having a required depth of not less than twenty (20) feet. No required parking shall be allowed within the required front yard. 2. Side yard - There shall be a side yard on each side of not less than six (6) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. c) Lot coverage shall not exceed 60% of the total lot d) Construction density shall not exceed 10 units per acre e) Offstreet parking shall be provided to accomodate two motor vehicles for each dwelling unit f) Minimum living area per dwelling unit shall be 1000 square feet g) All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. h) Each individual unit shall have separate utility connections and meters for all public utilities ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982 EXHIBIT "B" Collin esquarer This townhouse PD shall be complimentary requirements. following criteria: composed of four areas with separate but The sum of the four areas shall meet the A minimum of 20% of the total site shall be set aside as permanent common open space. This area will include private common open space and public greenbelt areas. The total number of dwelling units shall not exceed 265 units. The overall density shall not exceed six and one-half (6.5) dwelling units per acre (TH zoning permits up to 10.8 dwelling units per acre), with individual areas having densities of from 4 - 12 dwelling units per acre. The average lot size shall be greater than that required in a TH zoning district (it shall exceed 3300 square feet). However, minimum lots with individual areas shall range from 2200 square feet to over 7500 square feet. The average square footage of the dwelling units shall exceed that required by TH zoning (it shall be greater than 1000 square feet). However, dwelling unit size shall range from 800 - 1500 square feet. ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982 EXHIBIT "B" 4 SINGLE - FAMILY RESIDENTIAL REGULATIONS 1. 2. Purpose: This district is to be composed of single-family, detached dwellings, on lots of not less than seven thousand five hundred (7,500) square feet, together with the allowed incidental and accessory uses. This district should provide for 4.0 dwelling units per acre. Use Regulations: A building or premise shall be used only for the following purposes: a) Any use permitted in District "R- b) Such uses as may be permitted Section 2.06, Specific Use Permit r .;. ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982f5 "EXHIBIT B" 3. Height Regulations: No building shall exceed thirty (30) feet or two and one-half -16) stories in height. 4. Area Regulations: a) Size of Yards: 1) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. 2) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. 3) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. b) Size of Lot: 1) Lot Area - No building shall be constructed on any lot less than seven thousand five hundred (7,500) square feet. Such lot shall have a minimum buildable area of three thousand (3000) square feet. 2) Lot Width - the width of the lot shall be not less than sixty-five (65) feet at the front street building line, nor shall its average width be less than sixty- five (65) feet. 3) Lot Depth - The depth of the lot shall not be less than one hundred ten (110) feet, except that a corner lot may have a depth of less than one hundred ten (I 10) feet provided that the minimum depth is no less than ninety (90) feet. c) Minimum Dwelling Size: The minimum floor area of dwelling shall be twelve hundred (19200) square feet, exclusive of garages, breezeways, and porches. d) Lot Coverage: In no case shall more than forty (40) percent of the total area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations: a) Type of Materials: All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982 "EXHIBIT B" 6 QLUSTER HOMES REGULATIONS Section 1. Cluster Housing Defined: A single family detached dwelling sharing a common access easement with one or more other detached dwellings clustered in such a way as to provide common open space. Section 2. Purpose and Intent: It is the purpose and intent of this ordinance to permit and allow the development of single family detached cluster homes at densities comparable to townhouse zoning. Section 3. Use Restrictions: In any cluster district no land shall be used and noui ing shall be erected or converted for any use other than: a) Single family dwellings (cluster housing) including accessory buildings, related maintenance and model home/sales office buildings, and recreation buildings for the complex, if any b) Any other use normally permitted in the si residential district Section 4. Height Regulations: No building shall exceed thirty two and one -ha stories in height. ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 1982 "EXHIBIT B" 7 Section 5. Area Regulations: a) Minimum lot size 3500 square feet. In order to encourage creative design, no minimum dimensions will be established b) Minimum yards: 1. The minimum separation between detached dwellings shall be 10' 2. The minimum separation between facing garage doors shall be 56'(181 + 20' + l8') 3. The minimum building line shall be 20' from the public right of way 4. The minimum yard shall include one useable yard space of at least 300 square foot (with minimum dimension of 8' (example: .201 x 151) c) Lot coverage shall not exceed 50% of the total lot d) Construction density shall not exceed 8 units per acre e) Offstreet parking shall be provided within each courtyard to accommodate two motor vehicles for each dwelling unit f) Minimum living area per dwelling unit shall be 1000 square feet g) All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. h) Each individual unit shall have separate utility connections and meters for all public utilities ATTACHMENT TO ORDINANCE'.NO. 398-7-82, ADOPTED JULY 15, 1982 EXHIBIT "B" 8 11F i da —bh �_-!d00 '! d 0 0 ' -� - Mir Ll f ... W.d SII �'- j a W� 0 Section 3. Use Restrictions: In any courtyard district no land shall be used and no buirdilng shall be erected or converted for any use other than: a) Single family dwellings (courtyard) including accessory buildings, related maintenance and model home/sales office buildings, and recreation buildings for the complex, if any b) Any other use normally permitted in the single family residential district Section 4. Height Regulations: No building shall exceed thirty (30) feet or two and one-half stories in height Section 5. Area Regulations: a) Minimum lot size 2200 square feet. In order to encourage creative design, no minimum dimensions will be established b) Minimum yards: 1. The minimum separation between detached dwellings shall be 8' 2. The minimum separations between facing garage doors shall be 56' (18' + 20' + 189 3. The minimum building line shall be 20' from the public right of way 4. The minimum yard shall include one useable yard space of at least 150 square foot (with minimum dimension of 8' (example: 10' x 151) c) Lot coverage shall not exceed 60% of the total lot d) Construction density shall not exceed 12 units per acre e) Offstreet parking shall be provided within each courtyard to accomodate two motor vehicles for each dwelling unit f) Minimum living area per dwelling unit shall be 1000 square feet except that up to 15 dwelling units may be as small as 825 square feet g) All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. h) Each individual unit shall have separate utility connections and meters for all public utilities ATTACHMENT TO ORDINANCE NO. 398-7-82, JULY 15, 1982 EXHIBIT "B" 10 DUPLEX TOWNHOMES REGULATIONS Section 1. Duplex Townhomes Defined: A single family attached dwelling sharing a common wa wit one other dwelling. Section 2. Purpose and Intent: It is the purpose and intent of this ordinance to permit and allow development of "duplex" townhomes at densities comparable to townhouse zoning. l Section 3. Use Restrictions: In any duplex-townhome district no land shall be used and—no–building shall be erected or converted for any use other than: a) Single family attached dwellings, including accessory buildings, related maintenance and model home/sales office buildings, and recreation buildings for the complex, if any b) Any other use normally permitted in the single family residential district ATTACHMENT TO ORDINANCE NO. 398-7-82, ADOPTED JULY 15, 198 EXHIBIT "B" 11 CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR OV ORDINANCE/RESOLUTION 3qg DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered. I -IN _4 _g Mr.. I w ILI r Attachment to.Ordi-nance . No.. 39'8-7.'~ 82, V4xhi'bit "All Site Plan approved by Allen City COuncil On February 31 1983 I ra I i i t0 0 s DATE APPROVED: C IRMANALLEN PLANNING & �� Zr'�lIN1�1 SSION MAYOR, ALLEN CITY COUNCIL .r err �w �_ •,rt �.Y�j.. hula i NJ It i