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HomeMy WebLinkAboutO-821-10-87ORDINANCE NO. 821-10-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 398-7-82 AS DELINEATED ON THE OFFICIAL ZONING MAP AS PD-TH NO. 7; PROVIDING FOR AMENDMENT TO THE DECLARATION OF COVENANTS, RESTRICTIONS, AND CONDITIONS TO ALLOW SIX FOOT FENCES, WOOD ONLY, ON PROPERTIES ADJACENT TO A COMMON GREENBELT; 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 notices 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 Declaration of Covenants, Restrictions and Conditions attached as Exhibit "A" to Planned Development Ordinance No. 398-7-82, should be amended to allow six-foot fences, wood only, on properties adjacent to a common greenbelt. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That from and after the effective date of this Ordinance, the Delcaration of Covenants, Restrictions and Conditions attached as Exhibit "A" to Planned Development Ordinance No. 398-7-82, is hereby amended to allow six-foot fences, wood only, on properties adjacent to a common greenbelt. SECTION 2. That all ordinances of the City of Allen in conflict the provisions of this ordinance shall be, and the same hereby are, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. Ordinance No. 821-10-87 - Page 1 SECTION 3. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Planned Development No. 7 of the City of Allen, and upon conviction shall be punished by a fine set not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 4. That it appears that Planned Development Townhouse No. 7 requires the amended deed restrictions 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 publication of the caption of said ordinance as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE lst DAY OF OCTOBER , 1987. r7 I ='r r� APPROVED AS TO FORM: A. Don Crowder, City`Attorney APPROVED: ATTEST: Marty Hendrix, WMC, City Secretary Ordinance No. 821-10-87 - Page 2 EXHIBIT "A" ORDINANCE 821-10-87 Vcrurr,� 19/f Pa• q3Y O STATE OF TEXAS "-:� .1 • . COONTY OF COLLIN S"',w' • ., „_ DECLARATION OF COVENANTS I U IOI S AN CO RMONS .•~ :': COLLIN SQUARE - PHASE I (Anon, Texas) This Declaration Is made on the date hereinafter set forth by Fox G• Jacobs, Ise., a Nevada corporation, hereinafter called "Declarant". RECiTAL31 The following facts exists 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 an the plat thereof recorded in Cabinet 0 . Page 66. Map and Plat Records, Collin County, Texas B. Declarant desires to restrict the above-deserbed 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 Ne title of such on the above-described— property, bove-de and ed property, which shall constitute covenants nunnlrg property 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 depleted on the Subdivision Plat, as hereinafter deflned Section 2. "Affected Lot" or "Affected Lots" shall mean and refer to the plot or plots oTland 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 2. "Declarant" shall mean and refer to Font dr 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 est Jacobs, Inc. (or subsequent successors in Interest), together with Its rights hereunder, by conveyance or assignment from Fox est 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 em, Affected Let but e.%,:!.%: req t ose whose interest is held merely as semirity for the performance of an obli;ation. -1- Section S. "Subdivision Plate shall mean and refer to the map or plat of the Subdivision recorded Cabinet D. Page 66, of the 1Qap 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 mean and refer to the s of detached Units located adjaceerson or one nt to each Common ritered Units" sive, as hereinafter defined, n the Subdivision.. Section T. "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 s. 'Common Drive" shall mean and refer to the areas designated as CDl 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 CGl 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 AssocatTexas 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 shah 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 11 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 Propertlas. Declarant reserves the right to make changes in and additions to the above easements for the purpose of most efficiently and econnomiiclly installing the improvements. Neither Declarant nor any utility company y 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 5ubdivision Plat, to enter onto any of the Properties for the purpose of street excavation, including the removal of any trees, if -2- necessary, whether Or not the Properties have been conveyed to or contracted for sale to any other Owner. Section 3. TitleSubiect to Easements. It b expressly agreed and under- stood that the title conveyed by Declarant to any o 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 r any nt owner or art them(, to�servgeents said land zany along, Or of n the promises affected thereby, or any p the Properties. The right to maintain. repair, sell me lease s such appurtenances to AnY corporation or to any municipality or other governmental agency or to any p ch other party is hereby expressly reserved Section {. Access to Common Drives. Each Owner of a Clustered Unit shall have a non sive easement which b 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 ! a eme t shall be for the purposes of (a) access to and from such Owner's property from a dedicated street and (b) the installation, maintenance and repair of utility and sewer services to such Owner's property (if arty) 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 drip of Clustered Units and without obstruction to the passage of others over the Common Section S. Prooerty 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 f. water. Sewer and Dra e. -Declarant hereby reserves for Itself the right to place connecting lines for 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 T. Encroachmentsi 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 buildinrf, 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 Cue 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 t. Association Easement. Declarant hereby reserves for the benefit of L1e Association and its agents a ;.ort -exclusive easement over and acr= the Areas for the purpose of performing landscaping or maintenance work on the Common J -3- R Areas or for performing any obligations or enforcing any rights of the Association hereunder. The to perform Ne duties of or to enforcell further have the tto enter the the rights of thelAssociation onlye Areas to • extent necessary o per ARTICLE m USE RESTRICTIONS Section L Land Use and BuildlnQ 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 an any Affected Lot other than one single family residence not to exceed two (2) stories in height. No Affected Lot shall be used for s o or professional purposes of any kind or for any commercial or manufacturing purpose 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. Dwel ine Size- The main residential portion of each Unit shall have a minimum 71oor 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. ( nit shall be erected on an Affected Lot of materials other than brick, stone, brick-vanser, stone veneer, or other masonry materials unless the above named materials constitute at least seventy five percent (75%) 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 Unce or wall shall exceed six (6) feet in height above ground level (or four feet in height abutting the Common Greenbelt Area). Section 4. Builders 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 S. Minimum Lot Area. No Owner's Property shall be resubdivided. Section S. 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 as annoyance or a nuisance to the neighborhood. Section T. Temporary Structures and Par!cinrt 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, (1) 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, sailing 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. (U) Anything contained in these restrictions to the contrsry 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 buildings. -4- (b) Except as otherwise provided in paragraph M no truck, camper, rotor home, trailer or inoperable or oversize vehicles of any type (whether or not operable) or boat (whether powered, sad 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. (1) A trailer, camper, motor home or boat may be pieced, kept or stored on any Affected Lot behind the front building line, provided that the Owner .naintalm 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 1. Sim and Billboards. No signs, bilmoards, posters, or advertising devices of &ftF-~&ct*j--sha1l be erected, permitted, or maintained on any affected Lot or Unit except one sign of not more than eight (11 square feet in surface area or four feet (49 In helot advertising the particular Owner's Property an "filch 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 oe In any Affected Lot. No derrick or other structure designed for use in baring for all or natural gas or other minerals shall be erected, maintained or permitted upon any Affected Lot. Section 10. Morale and Disposal of Carbate 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 referenda. 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 coven 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 U. Visual Obstructions at the Intersections of Public Streets. NO object, including vegetation, shall be permitted on any corner lot which either (1) 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 sit feet (69 above the roadways, or (IW 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 and of twenty-five feet (239 back along the curb an 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 -_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 11. Animals. No person owning any lot or lou shad eep domesti: animals of a krnd ordinarily used for commercial purposes on his Property, snd no person -5- 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 Sid propertyo vnea fowls, s � ducks, chickens, person viallarter on skunks premises horses, cows, hogs, sheep, goats, ftp or any other animals that may interfere with the quietude, health or safety of the community. Section 14. Burning and Eurned Houses. No person shall be permitted to burn anything on any Affected Lot outside the main residential building. the Declarvent ant any Unit has burned and is thereafter abandoned for at least thin (30wrd L A notice to shall have the right (but no obligation whatsoever), after ten (10) days 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 d paid r the record owner. in the even of such removal and for es. expenses, clearing cos s or by to Declarant shall not be liable in trespass �T Owner for such removal and clearing. ARTICLE IV MAINTENANCE, REPAIRS AND IMPROVEMENTS OF AFFECTED LOTS Section L Unit Exterior and Lot Maintenance. Each Owner shall maintain roof, min the exterior of his Unit Ulan attractive manner and shall not permit the paint, areas and gutters, downspouts, exterior walls, windows, doors, walks, driveways, parking other exterior portions of his Unit to deteriorate in an unattractive manner. The drying of clothes an 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 of maintain s drying Yard or me t, �and*wt�Jles enclosure piles whicrom h aro Incident tublic view the oythe of clothes, yard equip 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 continilance 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 tQ 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 cwt 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 lm rovernents. No Owner shall make any addition to, modl n -ifor 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. Membership. Every Owner of a Unit which is subject to assessment shaTbe a member o 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- IM Section 2. Votint Rights. The Association shall have two (2) classes of voting membership: (a) Class A. Class A members shall be all Owners wit!" the entitledexception of D*elamnt am shall be yp Lot Paired Units have been constructed. in which es" the owner each Unit unless t shallbe 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 ceases 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 eciarant 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 Irqprovements, 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 lend 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 tall due. The personal Obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 4. Annual Asseament or Char=!. 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 $480100 per annum. (unless such maximum shall be increased as providid in the Bylaws ofthe Association), fwhich orhe purpose of creating a fund to be designated and known as the "maintenance fwd, 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 an 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 9 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 normal, recurring maintenance charges for the Common Areas for the rise 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 nonrecurr9"g maintenance of the Common Drives and Common Greenbelt (including, but not llrited to, mowing, edging, watering, clipping, sweeping, pruning, raking, and otherwise carina for existing landscaping) and the improvements to such Common Areas, such as sprinkler systems, provided that the association shall have no obligation (except as Rxpressly provided hereinafter) to make capital improvements to the Common Areas; payment of all legal and other expenses Incurred In connection witit the enforcement thf all record e ed covenants, restrictions and conditions affecting the property, which connection with the nan fund applies; payment of all reasonable and necessary expenses collection and administration of the mainvactenance nt charge and Coing any other; thing employment thing Of policemen and watchmen; caring necessary or desireable in the opinion of the Association to keep the Properties neat and in good order, or which is considered of genera bend nt to the Association Owners ii or occupants of the of Properties, it being understood that the judgment of said funds and the determinstion of what constit fesis sae roused lrecurrint maintenance good faint. shTh all mentbe final and conclusive so long as such judge fund Association shall, in addition. establish and maintain an adequate to the CommonoArea. periodic maintenance, repair and rep menta. The fund shall be established and maintained out of regular annual assess nd Nonrecurrinir Section S. Special Asses<ments for Workintr Capital Fu Maintenance and ssess 1 Improvements. in addition to the annual aments 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 safter contribution the difte Of ion bythe Declarant, conveyancether of the first Affected Lot by Declarant. After any portion of such special assessment allocable to each Affected Lot, shall be charged to each Vs contribution to the special assess fund Owner at each Owner's closing and Declarenatet fund shall be reimbursed from the funds collected from Owners. maccount, unt, and established by such special assessment shall be maintained in a segregated shall es fru expenditures, ofInsuringtoacquirere `dditio� equipment will have deemed available necessary unforeseen expo or desirable by the Hoard] 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 In question. Section solely and exclusively to fund the- nonrecurring maintenance Section 6. Notice and_quorum. Written notice of any meeting called for the purpose of tak�y ac on -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 T. Effect of Non avment of Assessments: Remedies of the Association. Any assessment not paid within thirty 30) days after the due date shall bear serest from the due date at the rate of eighteen percent (18°x) per annum, or at such other rate as may be established from tima 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 oay 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. .t -4- Section S. Subordinated Lien to Secure Payment. To secure the payment of the malntenance charge and assessment established heresy and to be levied on individual Affected Lots u 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 beneficiaryi provided, however, that each such lien shall be specifically made secondary, subordinate and Interior 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 IM such Affected Lot; and further provided that as a condition precedent to sm► proceeding to enforce such lien upon any Affected Lot upon which tethe there holder of ndiih first olid and subsistfirst sixty mo digs' ge Hen, said beneficiary shall g( written notice of such proposed action, such notice, which shall be sent to the nearest office of such Mt mortgage lienholder by prepaid U. S. Registered Hail, to contain the statement of the delinquent maintenance charges upon which the proposed action Is based Upon the request of any such first mortgage Ilenholder, said beneficiary shall acknowledge In writing its obligation to give the foregoing notice with respect to the particulir property covered by such tint mortgage Hen to the holder thereof. Sale or transfer of an Affected Lot shall not affect the assessment Hen. 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 assessment$ thereafter becoming due or from the Hen thereof. Section 9. Duration. The above malntenance charge and assessment will remain effective dor the ull term (and extended term, If applicable) of the within covenants. ARTICLE VI GENERAL POWERS AND DUTIES OF BOA A OCIATION Section 1. Purpose of Maintenance Fund. The Board, for the benefit of the l Owners, shall provide and shall pay for out of the maintenance fund provided for In Article V above the followings (a) Taxes and assessments and other hero 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 service 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 Assoclatlon 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 ^")card of Directors, Including a policy or policies of Insurance as provided herein In Article Fill. (A Workmen's compensation Insurance to the extent necessary to co-olv with any applicable laws. -9- (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 terms of this Declaration c- 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 allowing 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 Bond sees flL (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 ruly and regulations may provide for limitations on use of common recreational areas during certain periods by youthful persons, visitors or other- wise). (t) 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 last 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. W 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- a� ARTICLE vU ARCHITECTURAL CONTROL CON01ITTEE Section L Establishment. There Is heriebt festablished in th Declaration. ctural Control Commits the Subd�nor the po'POM is Section t. Com,mi_tiioon.. Declarant shall have the eight 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 remaiNng from time to time shah have full authority to time (designate he third member, or If there are fewer than two members remaining at arty 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 Lou on persons nominated by any such Owner. Section 3. Functions. No building, fence, wail, or other structure shall be commenced, erected, or maintained upon y All m;my Lot, nor shall any exterior addition to, or Mame or alteration therein, be made, nor shaII any landscaping of any Affected Lot be undertaken, until the plans and specifications showing the nature, kind, shape, helght, materials, and location of the same shall have been submitted to, and approved do writing by, the Committee as to harmony of external design d location Insurrounding 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 (13) days following such submission, such failure shall be deemed to be an approval by the Committee for all pul L . ARTICLE Vlll TITLE TO COMMON AREAS Section I. Association to Hold. On or before conveyance by Declarant of the first AffeeRTot to an Owner, Declarant a" convey title to the Common Areas to the Association. Conveyance shall be made by special warranty deed. Prior to such cAssociation, the AssonvocLance, Declarant � maintain thereto shall assume all maintenance obligations with respect to the Common Areas Section 2. Llablllty Insurance. From and after the date on which title to the Common Xr-earvests'g 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 11,000,000.00. 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 Assoclation'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 s sale in ileu thereof of all or any portion of the Common Areas, the funds payable +lith respect thereto shall be payable to the Association and shall be used by the association to purcrese additional Common Areas to replace that which has been condemned or to take whatever -11- 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 any remaining emi ni lack funds vailable shall be land for additional Common Areas or for whatever reason, any distributed to each Owner on a pro rata basis. Section 4. Notice _ng flrsof Events. The Association shall notify in writing the holder(s) of any valid and subsistit mortgage lien on an ?effected Lot of the occurrence of any of the following events (in addition to such other matters as are specified herein), itself (a) any condemnation or casualty lav that affects either a material portion of the Subdivision or a Unit securing such lienholdeds 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 Ilenholder 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 M GENERAL PROVISIONS h this Section L Term. Unless e� �ctlons tiYhlch areiterminated nherebyr made witl e condit ons he foe instrument, the building a use subsequent running with the land shall remain In force and effect for thirty (90) years from the date of this instrument at which time the same shall be automatically extended for successive pe,•iods 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 aqd covenants in whole or in part. Section 2. Adjacent Prooerty, W 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 or may subject same to at. Ideclarile attiion such as thlarant may isDeclarat on, tdivide other thhe Declaranrtions of ts 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 Lhe cost cf 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 5y .4 -12- N resolution of the Board of Directors of the Association hther its & C, or (Bt!) the membership exists, approval of a proposed annexation of property by vote of a two-thirds (2/3) majority of the Members (but not both) shall vote of a two - d to effect the annexation. After expiration of the Class B membership, app y the thirds (2/3) majority of the Siembers 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 violets any such covenant and either to prevent him or them from so doing or to recover damages for such violation. Section 4. Severablilt . invalidation of any one of these covenants by judgment or court order shall In no way affect any of the other provisions, which shall remaln In full force and offset. Section S. Existing Llens. Violation or fallurs to comply with the foregoing loan bona fide eHen which and conditions =ood faith, be then cdstin g on any affect the affecof t d lot. mortgage, Section S. 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 my 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 tiled in the Deed Records of the County, so long ai 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 Lob 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, abollshed or otherwise affected without the prior written consent of such Owner. Section T. Amendment by Association. The Association shall have the right at any time to amend the tams 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 Record& Section 1. Exclusions. These restrictions shall not extend to or cover any portion of the Propertieswhich is or may hereafter be designated or described (1) on the Subdivision Plat with the terms "Not Platted" or "Reserve", or with words or terms of similar meaning or (11) 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 (3) years of the date hereof and which property b 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 !. Notices. Any notice required or permitted to be delivered hereunder s bedeemed to be delivered, whether or not actually received, when deposited In the United States mall, postage prepaid, registered or certified Trail, return receipt requested, addressed at the address last shown In the records of the party giving notice. -13- Section 10. Notwithstanding any term or provision hereof to the contrary, in the event or 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 daced�and recorded of even date herewith In the County Deed Records, executed by DeciaranL 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 Deciarant'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 . ATTEST: FOX do JACOBS, INC. j X_j 71?e t B, t ecretar Ily Betty Williams y STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on May 1 19 84 by Marilyn Putman Land Buyer of Fox do :. Jacobs, Inc., a Nevada corpora on, on beh of said corporation. C ...�.� otary Public in and��% Dallas County, Texas My Commission Expires: February 23. 1988 -14- ,.wire a uccaaoeut MM hoc a ua hr slab W tun my cmaw" ammo 2.2ml ,41ENUMEN r 10 THE DECLARATION OF COVENANTS. CONU 1 T I ON;; f;h10 RESTRICTIONS, COLLIN SQUARE - PHASE 1 THIS AMENDMENT, made on the 19th day of July, 1`0i, by the members of the Collin Square Homeowners Association, A Texas Non -Profit Corporation, hereafter referred to as the "Members." WHEREAS, the Declaration of Covenants, Conditions and Restrictions, Collin Square - Phase 1, hereafter called "the I;uvenants" was +iled of record in the Deed Records of Collin County, Te::as on June 1„ 1974 in Volume 1914 at Page 94 subiectinq the property described therein to the provisions of such document and creating the Collin Square Homeawnera Association: and WHEREAS, "the Members", having the right to amend, "Lhu Covenants" pursuant to Article IX, Section 7 desire to delete the four (4) foot height restriction un fences abutting the common area; NOW THEREFORE, the Members of the Collin Square Homeowners Association, by rnorw than a sr'venty-five perccznt (75%) vote, hereby delete the following words contained in Article III, Section s (b) of "the Covenants. Conditions and Restrictions. Collin Square - Phase I, "(or four feet in height abutting the Common Greenbelt Area)." Dated June jt), 1987. Collin Square fomeowner sion by Randy _e , - -- President ATTEST: eernadel.te13ut Secretary Corporal a AcA noarl edgement Ilefor-e me, the undersigned authority. Personal appeared Randy I_everett and Elernadette Erkrtler, the F'reside"t and Secretary respectively of the Collin Sq, 1are liomtuviner-a (Association. a lexis non-profit Corporation. -,lid Doth beilog duly sworn. did state that thev executed the for-eUoing on behalf of the Collin Square Ilomeowners Association on this the �"�^ day of ISO NM ; r• �F•Ljb t i c i n and f or Hou State of le::as RAI1FICHrION OF AMENDMEN1 10 COVENANTS. CUNT) 11IONS AND RESTRIC11ONS. COLLIN SQUARE - PHASE 1 The undersigned being the leqal owner of Lot Block -------- more commonly known as Allen, Teras, hereby approve and ratify the Amendment to Covenants, Conditions and Restrictions, Collin Square - Phase I dated September 1, 1986 removing the four (4) Foot height restriction on fences abutting the common greenbelt contained in Article III, Section 3 (b). Dated ---. 1986. State of Texas X X County of Collin X ------------------ Owner Co --Owner Acknowledgement Before me, the undersigned authrrity personally appeared--- and .-____-__ . ------------------------ ------ ----- -- - who upon oath acknnowledged that they executed this Ratification for the purposes and consideration therein expressed. Notary Public in and for the State of Texas I ('flu q V \ - �-- ter.^ �r"�^,i-'-^.��•"` � '✓-. �. � _ _ ��-...���-'� MeI IK�r ;� ,� �., �l f., � ; ,r•. � -. r- ^ .. �'� `..� � ` J �. �,-- 1 .•� � tf�. FJ' .r fyyZ- `r" r/`i/ � . CO 4 ME APPWM z AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE AIE, the undersigned authority, on this day personally appeared R. WAYNE NVEDGEWORTH, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Tcmas, not less fre(luently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing NOTICE OF PUBLIC HEARING - Request to Amend PD -TA Planned DeveloDment or wnrcn the attacnea is a true anti written copy, and which was published in THE ALLEN AMERICAN on September 9, 1987 and which was issued on Sept. 9, 19 8 7�b�, the City, of ;Allen of Collin County, Texas. A printed copy of said publication"'is attach, r7 �. SUBSCRIBED AND SWORN to before me this 13th Publisher's fee S 12.60 day of /October , A.D. 198 7 ?—. _ Notary Pu i - in and for Collin County, Texas CITY OF ALLEN NOTICE OF PUBLIC HEARING 14111 a F Notice is hereby given that the Allen Cit, Council will conduct a public hearing of Thursday, October 1, 1987, at 7:30 p.m., ii the Council Chambers of the Allen Munici pal Annex, One Butler Circle, Allen, Texas to consider a request to Amend "PD-TH Planned Development — Townhouse No 7 to Allow 6 Foot Fences on Property Adja cent to Common Greenbelt Areas a. requested by the Collin Square Homeow ners Association. The request is on property known a; Collin Square Phase 1 Addition locate( south of Ridgemont and West of Colli Drive. Anyone wishing to speak either FOR o AGAINST this request is invited to atten( [his public hearing and voice their opinion For further information contact th( Department of Community Development City of Allen, at 727-9171 or 424-751f (metro). Marty Hendrix, CMC CITY SECRETAR) (TO BE PUBLISHED IN THE ALLEI` AMERICAN ON WEDNESDAY, SEPTEM RFR 0 1OA71