01-19-1998 (Planning & Zoning) Agenda Packet Planning & Zoning
Commission
1 City of-Wylie
R egular B usi ness M eeting
January 19 , 1998
AGENDA
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North ,Wylie, Texas 75098
January 19, 1998
7:00 p.m.
CALL TO ORDER
ACTION ITEM
1. Discuss and Consider approval of the Minutes from the January 5, 1998 Regular
Business Meeting.
2. Discuss and Consider a recommendation to the City Council for approval of a
Preliminary Plat/Development Plan for Phase I of Lakeside Estates proposed by
Tipton Engineering for Paramount Development.
3. Discuss and Consider a recommendation to the City Council for approval of
Preliminary Plat/Development Plan for Phase II of Lakeside Estates proposed by
Tipton Engineering for Paramount Development.
4. Consider a recommendation for approval of a Preliminary Plat submitted by D. R.
Horton for a 114.78 acre, 359 lot residential development designated as Twin
Lakes Phase II located north of the Twin Lakes Phase I subdivision east of S.
Ballard Avenue.
CITIZEN PARTICIPATION
ADJOURNMENT
Posted Friday, January 16, 1998 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED
ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170.
,M4
Planning and Zoning
#1 Action Item Re: Approval of the Minutes from the January 5, 1998 Regular
Business Meeting
January 19, 1998
Consider approval of the Minutes from the January 5, 1998 Regular Business Meeting.
Note any changes or additions which need to be made.
PLANNING AND ZONING COMMISSION
MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on January 5, 1998, at 7:00
p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie,
Texas 75098. A quorum was present and a notice was posted in the time and manner required by law.
COMMISSION MEMBERS PRESENT: Rich Eckman, Ray Capley, Tim Owen, Cecilia Wood,
Mark Clark, Eric Hogue, and Steve Ahrens.
ABSENT: No one
STAFF MEMBERS PRESENT: Mike Phillips - Building Official, Tobin Maples - City Planner, and
Rebecca Rogers - Secretary.
ACTION ITEMS
1. Discuss and consider approval of the Minutes from the December 1, 1997 Regular Business
Meeting. Motion made by Cecilia Wood to accept the Minutes as presented, seconded by Steve
Ahrens. Motion carried, all in favor(7).
2. Discuss and Consider a recommendation to the City Council for approval of a Final Plat for
Newport Harbor Phase III submitted by Carter—Burgess for Centex Homes, located east of FM
1378 and south of Newport Harbor Phase II. Mike Phillips, Building Official, reviewed the
history and the Final Plat for Newport Harbor III (95 lots, 3 of 6 phases). Utility easements are
in-hand but have not yet been filed and the sewer will be installed prior to any building permits
being issued. Block 10, Lots 8-12 and Block 11, Lots 7-14 are front entry with no alley, the
drainage easements have been completed (waiting for drier weather to final) and over$30,000
is being held in escrow to cover improvements to the drainage easement. The transformers had
originally been placed on the front of the lots, but North Texas Municipal Water District had
objected so the transformers were placed in the rear. A motion was made by Steve Ahrens,
seconded by Mark Clark, to recommend approval to City Council of a Final Plat for Newport
Harbor Phase III. Motion carried, all in favor (7).
3. Discuss and Consider a recommendation to the City Council for approval of a Final Plat
(Approved for Construction) for the subdivision Heatherwood Estates submitted by Charles
Lester, located northwest of the intersection of Heatherwood Drive and Lanwood Drive,just
north of Mill Creek Estates subdivision. Mike Phillips reviewed the history and Final Plat for
Heatherwood Estates I (17 lots, .33/acre is smallest lot), last continuation of the Quail Hollow
subdivision. The infrastructure is to be provided by the developer, extension of Foxwood Lane
(where it deadends)just east of Castlewood extending the road through to Lanwood Drive and
the extension of utilities along that street. These will be front entry houses with no alley (not
required by Subdivision Regulations). A motion was made by Cecilia Wood, seconded by Steve
Ahrens,to recommend approval to City Council of a Final Plat for Heatherwood Estates. Motion
carried, all in favor (7).
CITIZEN PARTICIPATION
Steve Ahrens, questioned on how to change house square footages, mud in streets from builders, etc.
Rich Eckman,questions regarding who regulates street lights, the placement and quantity of and also fire
hydrants. Currently controlled in Subdivision Regulations.
1
ADJOURNMENT
A motion was made to adjourn by Steve Ahrens, seconded by Cecilia Wood. Motion carried, all in favor
(7).
Respectfully submitted,
Richard Eckman, Chairman Rebecca Rogers, Secretary
2
•
Planning & Zoning Commission
#2 Action Item
Re: Recommendation for Approval of a Preliminary Plat/Development Plan
January 19, 1998
Issue
Discuss and consider a recommendation to the City Council for approval of a Preliminary
Plat/Development Plan for Phase I of Lakeside Estates proposed by Tipton Engineering for
Paramount Development.
Background
The Development Plan under consideration is Phase I of Lakeside Estates on a 228.102
acre tract of land located southeast of the South Fork Mobile Home Park, east of McCreary
Road, and north of the Dallas Area Rapid Transit (DART) Railroad line and FM 544, and
further described as the M. Sparks Survey, Abstract No. 849, Tracts 8-9, 10, 11, 24, 25, and
34.
Phase I consists of 179 lots on 45.412 acres and is located immediately north of the DART
rail line and FM 544 and west of Marshall Lane, which is to be renamed Springwell
Parkway. It contains a Community Park which is to be constructed on 2.687 acres,
northwest of the intersection of Springwell Parkway and the DART rail line. This area is
proposed to contain a swimming pool and cabana, a lake feature, a playground, and off
street parking which is to be maintained by the Home Owner's Association (HOA). Also
proposed is 2.051 acres of City Park which contains two soccer fields and off street parking
intended to be dedicated park land. The Parks & Recreation Board will meet on January 26,
1998 to review the proposed dedication. Phase I also contains a portion of the 50'
landscape buffer which will run the full length of the development to the east, parallel and
north of the DART rail line.
Phase I of Lakeside Estates will contain lots that will have a minimum area of at least 6000
sq. ft. with minimum dwelling areas of 1,400 sq. ft. Minimum lot dimensions will be 50'
minimum lot width at the front building line and 100' minimum lot depth except cul-de-sac
lots which will have a minimum lot depth of 90'. Minimum setbacks will be:
Front yard: 20 feet
Rear yard: 15 feet (20 ft. garage setback),
Exterior side yard (ajacent to a street): 15 feet
Interior side yard: 10 foot separation between structures
No building shall be more than 35' or 2-1/2 stories in height and must have minimum exterior
construction of at least 75% brick, tiles, cement, concrete, stone or similar material. Lot
coverage is restricted to 60% of the total lot area by the combined areas of the main
buildings and accessory buildings. A detailed copy of the Land Use Data, Design Standards
and a draft copy of a Master Declaration of Covenants and Restrictions for the Development
are attached and will be incorporated into the adopted Ordinance establishing the Planned
Development. The Concept Plan for Lakeside Estates was recommended for approval by
the Planning and Zoning Commission on November 3, 1997 and approved by the City
Council on November 11, 1997.
According to the City of Wylie's adopted Zoning Ordinance, a Planned Development
District's general purpose and description is as follows:
A Planned Development district is intended to provide for the combining and
mixing of uses allowed in various districts with appropriate regulations, and
to permit growth flexibility in the use and design of land and buildings in
situations where modification of specific provisions of this ordinance (Zoning
Ordinance) is not contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based, and will not be harmful to
the neighborhood. A"PD" district may be used to permit new and innovative
concepts in land utilization.
In order to establish a Planned Development District (PD), the developer must follow
basically a two-step process which includes submitting for approval a Conceptual Plan and
a Developmental Plan. The developer must first submit for approval a Conceptual Plan.
The Conceptual Plan must show the applicant's intent for the use of the land within the
proposed development in a graphic manner and as required by Staff, be supported by
written documentation of proposals and standards for development. The Conceptual Plan
must also show thoroughfares, preliminary lotting arrangements and other pertinent
development data deemed necessary.
Once Staff has determined that the applicant has provided sufficient information, a Public
Hearing must be held at which the Conceptual Plan will be submitted to the Planning and
Zoning Commission to consider recommending approval or denial of the Conceptual Plan
to the City Council. Once the Planning and Zoning Commission has taken action, the City
Council will call a Public Hearing at which the Conceptual Plan will be submitted for
approval.
The second phase of establishing a PD District is submitting for approval a Development
Plan. The initial Development Plan must be submitted for approval within 6 months from the
approval of the Conceptual Plan. If the Development Plan is not submitted within 6 months,
the Concept Plan is subject to re-approval by the Planning and Zoning Commission and City
Council. The Development Plan shall set forth the final plans for the PD District and needs
to conform to the data presented and approved on the Conceptual Plan. The Development
Plan is a complete site inventory analysis of what is to be developed. This plan will include,
but not be limited to, detailed lot information, existing and proposed public infrastructure and
utilities, all public right-of-ways and easements, screening and landscaping and other
pertinent data as required by Staff.
The Planning and Zoning Commission will again meet and consider a recommendation of
approval or denial to the City Council for the Development Plan. Once the Planning and
Zoning Commission has take action, the Development Plan will be submitted for approval
to the City Council.
The ordinance establishing the PD District will not be approved until a Development Plan
has been approved. The Development Plan may be approved in phases. If phasing is
proposed, separate approvals by the Planning and Zoning Commission and City Council for
the initial and subsequent sections will be required. Approval of the Development Plan shall
be the basis for the issuance of any building permits.
Financial Considerations
N/A
Other Considerations
Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of
the City of Wylie is vested with the authority to review, approve, conditionally approve and
disapprove applications for the platting or subdivision of land, including land studies,
conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats.
The P&Z may grant variances from these regulations.
Staff Recommendations
Staff has reviewed the proposed Preliminary Plat/Development Plan for Phase I of Lakeside
Estates and found it to be in compliance with the approved Concept Plan for Lakeside
Estates. The Preliminary Plat/Development Plan for Phase I also complies with the
Subdivision Regulations and other pertinent ordinances of the City of Wylie. Staff
recommends approval of Phase I of Lakeside Estates subject to Note 1 on the Preliminary
Plat/Development Plan being revised as follows:
Note #1 will be an amendment to the attached Development Standards for Lakeside
Estates.
Note 1:
A. Per Section 5.01C.(1) (b) of Ordinance 93-33, Subdivision Regulations, secondary
access shall be required for Development Plan of Lakeside Estates Phase I at the time one
(1) of the following three (3) events occur:
1. Application for housing permits have been submitted for 50% of the lots
within Development Plan of Lakeside Estates Phase I or Development Plan
of Lakeside Estates Phase II;
1. Application for housing permits have been submitted for 50% of the lots
within Development Plan of Lakeside Estates Phase I or Development Plan
of Lakeside Estates Phase II;
2. At the time of submittal of any additional Phases within the Lakeside
Estates Concept Plan, approved by City Council on November 11, 1997, and
beginning after City Council Approval of Development Plan of Lakeside
Estates Phase I and Development Plan of Lakeside Estates Phase II; or
3. Two calendar years beginning with the date of adoption of this ordinance.
B. Subsequent to the occurrence of one (1) of the three (3) above referenced events, no
permit of any king will be issued within the Lakeside Estates Concept Plan, Development
Plan of Lakeside Estates Phase I, or Development Plan of Lakeside Estates Phase II, prior
to the City's final approval and acceptance of secondary access for Development Plan of
Lakeside Estates Phase I.
Attachments
Application
Preliminary Plat/Development Plan
Zoning Exhibit
Design Standards
Master Declaration of Covenants for Lakeside Estates
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Page 1 of 3 City of Wylie (1/95)
APPLICATION AND PRELIMINARY PLAT CHECKLIST
Date November 19, 1997
Name of Proposed Development LAKESIDE ESTATES PHASE I
•
Name of Property Owner/Developer PARAMOUNT LAND DEVELOPMENT, INC.
Address 15851 Dallas Parkway , Suite 100 Phone 972-490-3255
Dallas , Texas 75248
Owner of Record PARAMOUNT LAND DEVELOPMENT, INC.
Address 15851 Dallas Parkway , Suite 100 Phone 972-490-3255
Dallas , lexas 75248
Name of Land Planner TIPTON ENGINEERING, INC .
Surveyor/Engineer
Address 6330 Broadway Blvd. , Suite C Phone 972-226-2967
Garland , Texas 75043 •
Total Acreage 4 4. 3 31 Current Zoning PD
Number of Lots/Units 181
•
(Signed
PAT KI S, REPRESENTATIVE
TIPTO NGINEERING, INC .
The Preliminary Plat shall be drawn legibly in ink on.a Mylar sheet not exceeding 24"x 36", showing all
data on a scale not to exceed 1"= 100'with a graphic scale provided. Three sets of blueline prints shall
be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following cheddist is intended only as a reminder and a guide for those requirements. '
Provided or Not
Shown on Plat Applicable
1. The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
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Page 2 of 3
2. The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing permanent
buildings, railroads, rights-of-way and other important features, such
as abstract lines, political subdivision or corporation lines and school
district boundaries.
•
3. Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
adjacent thereto with pipe sizes, grades and locations indicated.
4. Contours with intervals of two feet (2') or less, referred to mean
seal level datum, by actual field survey.
5. The names of adjacent subdivisions and/or the names of record
/ owners of adjoining parcels of unsubdivided land.
V 6. The proposed name of the subdivision.
7. North arrow, scale, date and approximate acreage of the proposed
subdivision.
8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
of the plat.
9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification.
10. Allparcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
limitation of such reservations.
11. The layout, names and widths of proposed streets, alleys and
• easements, such as drainage easements, access easements,
electrical easements and maintenance easements.
12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
maintained.
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. Page 3of3
13. The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels.
14. A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
15. A location map of the proposed subdivision on a scale of 1" =
1000' showing existing and proposed streets and thoroughfares
covering an area at least one mile outside the proposed subdivision.
16. Typical cross-sections of proposed streets showing the width and •
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
current submittal and the revision number.
17. A notice shall be placed on the face of each Preliminary Plat by
the subdivider (see wording).
18. An app roval block/certificate shall be placed on the face of each
Preliminary Plat by the subdivider(see wording).
Taken by: La File No.:
Date: I I/1 /✓ Fee: lig 1
Receipt No.: `t J,,S41 /o`f S
08/27 '96 11:01
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Planning & Zoning Commission
#3 Action Item
Re: Recommendation for Approval of a Preliminary Plat/Development Plan
January 19, 1998
Issue
Discuss and consider a recommendation to the City Council for approval of a Preliminary
Plat/Development Plan for Phase II of Lakeside Estates, proposed by Tipton Engineering
for Paramount Development.
Background
The Development Plan under consideration is Phase II of Lakeside Estates on a 228.102
acre tract of land located southeast of the South Fork Mobile Home Park, east of McCreary
Road, and north of the Dallas Area Rapid Transit (DART) Railroad line and FM 544, and
further described as The M. Sparks Survey, Abstract No. 849, Tracts 8-9, 10, 11, 24, 25,
and 34.
Phase II consists of 201 lots on 62.031 acres and is located immediately south of the
Southfork Mobile Home Park and east of McCreary Road. This area is proposed to contain
a Community Park which is to be constructed on 3.000 acres. Proposed is a swimming pool
and cabana, a volleyball court, a playground, and off street parking to be maintained by the
Home Owners Association (HOA). Also included is 10.268 acres of City Park which
contains an 8' Hike and Bike Trails which could tie into future green belt development along
Muddy Creek. This area is proposed to be dedicated park land. The Parks & Recreation
Board will meet on January 26, 1998 to review the proposed dedication. This Phase will
be accessed by the construction of a 4 lane undivided thoroughfare to McCreary Road
immediately to the west. Also, dual access to this Phase is proposed to accomplished by
the construction of Springwell Parkway, as noted in Note#1 in Staff Recommendation.
Phase II of Lakeside Estates will contain lots that will have a minimum area of at least 7,200
sq. ft. with minimum dwelling areas of 1,600 sq. ft. Minimum lot dimensions will be 60'
minimum lot width at the front building line and 100' minimum lot depth except cul-de-sac
lots which will have a minimum lot depth of 90'. Minimum setbacks will be:
Front yard: 25 feet
Rear yard: 20 feet (20 ft. garage setback)
Exterior side yard (ajacent to a street): 15 feet
Interior side yard: 10 feet separation between structures.
No building shall be more than 35' or 2-1/2 stories in height and must have minimum exterior
construction of at least 75% brick, tiles, cement, concrete, stone or similar material. Lot
coverage is restricted to 60% of the total lot area by the combined areas of the main
buildings and accessory buildings. A detailed copy of the Land Use Data, Design Standards
and a draft copy of a Master Declaration of Covenants and Restrictions for the Development
are included which will all be attached to the adopted Ordinance establishing the Planned
Development. The Concept Plan for Lakeside Estates was recommended for approval by
the Planning and Zoning Commission on November 3, 1997 and approved by the City
Council on November 11, 1997.
According to the City of Wylie's adopted Zoning Ordinance, a Planned Development
District's general purpose and description is as follows:
A Planned Development district is intended to provide for the combining and
mixing of uses allowed in various districts with appropriate regulations, and
to permit growth flexibility in the use and design of land and buildings in
situations where modification of specific provisions of this ordinance (Zoning
Ordinance) is not contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based, and will not be harmful to
the neighborhood. A"PD" district may be used to permit new and innovative
concepts in land utilization.
In order to establish a Planned Development District (PD), the developer must follow
basically a two-step process which includes submitting for approval a Conceptual Plan and
a Developmental Plan. The developer must first submit for approval a Conceptual Plan.
The Conceptual Plan must show the applicant's intent for the use of the land within the
proposed development in a graphic manner and as required by Staff, be supported by
written documentation of proposals and standards for development. The Conceptual Plan
must also show thoroughfares, preliminary lotting arrangements and other pertinent
development data deemed necessary.
Once Staff has determined that the applicant has provided sufficient information, a Public
Hearing must be held at which the Conceptual Plan will be submitted to the Planning and
Zoning Commission to consider recommending approval or denial of the Conceptual Plan
to the City Council. Once the Planning and Zoning Commission has taken action, the City
Council will call a Public Hearing at which the Conceptual Plan will be submitted for
approval.
The second phase of establishing a PD District is submitting for approval a Development
Plan. The initial Development Plan must be submitted for approval within 6 months from the
approval of the Conceptual Plan. If the Development Plan is not submitted within 6 months,
the Concept Plan is subject to re-approval by the Planning and Zoning Commission and City
Council. The Development Plan shall set forth the final plans for the PD District and needs
to conform to the data presented and approved on the Conceptual Plan. The Development
Plan is a complete site inventory analysis of what is to be developed. This plan will include,
but not be limited to, detailed lot information, existing and proposed public infrastructure and
utilities, all public right-of-ways and easements, screening and landscaping and other
pertinent data as required by Staff.
The Planning and Zoning Commission will again meet and consider a recommendation of
approval or denial to the City Council for the Development Plan. Once the Planning and
Zoning Commission has take action, the Development Plan will be submitted for approval
to the City Council.
The ordinance establishing the PD District will not be approved until a Development Plan
has been approved. The Development Plan may be approved in phases. If phasing is
proposed, separate approvals by the Planning and Zoning Commission and City Council for
the initial and subsequent sections will be required. Approval of the Development Plan shall
be the basis for the issuance of any building permits.
Financial Considerations
N/A
Other Considerations
Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of
the City of Wylie is vested with the authority to review, approve, conditionally approve and
disapprove applications for the platting or subdivision of land, including land studies,
conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats.
The P&Z may grant variances from these regulations.
Staff Recommendations
Staff has reviewed the proposed Preliminary Plat/Development Plan for Phase II of
Lakeside Estates and found it to be in compliance with the approved Concept Plan for
Lakeside Estates. The Preliminary Plat/Development Plan for Phase II also complies with
the Subdivision Regulations and other pertinent ordinances of the City of Wylie. Staff
recommends approval of Phase II of Lakeside Estates subject to Note 1 on the Preliminary
Plat/Development Plan being revised as follows:
Note #1 will be an amendment to the attached Development Standards for Lakeside
Estates.
Note 1:
A. Per Section 5.01C.(1) (b) of Ordinance 93-33, Subdivision Regulations, secondary
access shall be required for Development Plan of Lakeside Estates Phase II at the time one
(1) of the following three (3) events occur:
1. Application for housing permits have been submitted for 50% of the lots
within Development Plan of Lakeside Estates Phase I or Development Plan
of Lakeside Estates Phase II;
2. At the time of submittal of any additional Phases within the Lakeside
Estates Concept Plan, approved by the City Council on November 11, 1997,
2. At the time of submittal of any additional Phases within the Lakeside
Estates Concept Plan, approved by the City Council on November 11, 1997,
and beginning after City Council Approval of Development Plan of Lakeside
Estates Phase I and Development Plan of Lakeside Estates Phase II; or
3. Two calendar years beginning with the date of adoption of this ordinance.
B. Subsequent to the occurrence of one (1) of the three (3) above referenced events, no
permit of any kind will be issued within the Lakeside Estates Concept Plan, Development
Plan of Lakeside Estates Phase I, or Development Plan of Lakeside Estates Phase II, prior
to the City's final approval and acceptance of secondary access for Development Plan of
Lakeside Estates Phase II.
Attachments
Application
Preliminary Plat/Development Plan
Zoning Exhibit
Design Standards
Master Declaration of Covenants for Lakeside Estates
08/27/30 10:59 $`12144428154 WYLIE CODE a002
Page 1 of 3 City of Wylie (1/95)
•
•
APPLICATION AND PRELIMINARY PLAT CHECKLIST
Date November 19, 1997
Name of Proposed Development LAKESIDE ESTATES PHASE II
Name of Property Owner/Developer PARAMOUNT LAND DEVELOPMENT , INC.
Address 15851 Dallas Parkway , Suite 100 Phone 972-490-3255
Dallas , Texas 75248
Owner of Record PARAMOUNT LAND DEVELOPMENT, INC.
Address 15851 Dallas Parkway , Suite 100 phone 972-490-3255
-Dallas , Texas 75248
Name of Land Planner TIPTON ENGINEERING, INC.
Surveyor/Engineer
Address6330 Broadway , Suite C , Garland , Phone 972-226-2967
Texas 75043
Total Acreage 62 . 702 Current Zoni.pg PD
Number of Lots/Units 186
(Signed
PAT S, REPRESENTATIVE
TIPTON__E-NGINEERING, INC.
The Preliminary Plat shall be drawn legibly in ink on,a Mylar sheet not exceeding 24"x 36", showing all
data on a scale not to exceed 1"= 100'with a graphic scale provided. Three sets of blueline prints shall
be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations. The following checklist is intended only as a reminder and a guide for those requirements. '
Provided or Not
Shown on Plat Applicable
1. The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
Ems►'�.�.� _-
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•
Page 2 of 3
2. The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing permanent
buildings, railroads, rights-of-way and other important features, such
as abstract lines, political subdivision or corporation lines and school
district boundaries.
3. Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
adjacent thereto with pipe sizes, grades and locations indicated.
4. Contours with intervals of two feet (2') or less, referred to mean
seal level datum, by actual field survey.
5. The names of adjacent subdivisions and/or the names of record
/ owners of adjoining parcels of unsubdivided land.
i/ 6. The proposed name of the subdivision.
•
7. North arrow, scale, date and approximate acreage of the proposed
subdivision.
8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
of the plat.
-(/ 9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification.
10. All parcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
limitation of such reservations.
11. The layout, names and widths of proposed streets, alleys and
. easements, such as drainage easements, access easements,
/ electrical easements and maintenance easements.
v _
12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
T = - - maintained.
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08/27/38 11:00 V12144428154 WYLIE CODE J 004
•
. Page 3of3
13. The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels.
14. A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
15. A location map of the proposed subdivision on a scale of 1" =
1000' showing existing and proposed streets and thoroughfares
covering an area at least one mile outside the proposed subdivision.
16. Typical cross-sections of proposed streets showing the width and •
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
current submittal and the revision number.
f/ 17. A notice shall be placed on the face of each Preliminary Plat by
/ the subdivider (see wording).
t/ 18. An approval block/certificate shall be placed on the face of each
Preliminary Plat by the subdivider(see wording).
ia.
Taken by: File No.:
Date: (i r 1 "! Fee: in-)
(3-3
Receipt No.: `1"/ SS/mq 511
(it* a-00?-7'
•
0827 '96 11:01
LAKESIDE ESTATES
WYLIE, TEXAS
PROPOSED LAND USE DATA LOW DENSITY
RESIDENTIAL PLANNED DEVELOPMENT
LAKESIDE ESTATES RESIDENTIAL PROPOSED ZONING:
TRACT ACRE ZONING NO. OF UNITS DENSITY S.F.
A 133.90 Single Family 656 4.90
(4.47 acres
open space
and
6.5 acres
community park)
B 94.10Single Family 330 3.50
(10.3 acres
open space
and
3.00 acres
community center)
TOTAL ACRES: 228.102 986 4.30
I. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS
FOR TRACT A
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 6,000 SF.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than 15' (Fifteen Feet) with
a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet).
5. MINIMUM LOT WIDTH
There shall be a minimum lot width of 50' (Fifty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety
Feet) at Cul-de-Sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed 35' (Thirty Five Feet) or two an one-half(2-1/2) stories
in height.
9. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,400 (One Thousand Four Hundred Feet) .
10. LOT COVERAGE
In no case shall more than 60% (Sixty Percent) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
11. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75% (Seventy
Five Percent) brick, tiles, cement, concrete, stone or similar materials.
II. SINGLE FAMILY - LOW DENSITY RESIDENTIAL DESIGN STANDARDS
FOR TRACT B
1. PURPOSE
This district is intended for low density residential uses. Planning techniques will
involve traditional single family detached, residential designs with a minimum lot
size of 7,200 SF.
2. FRONT YARDS
Minimum front yard building line 25' (Twenty-five Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than 20' (Twenty Feet)
with a minimum of 20' (Twenty Feet) for garage setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of 10' (Ten Feet) is always maintained
between structures. A side yard adjacent to a side street shall not be less than 15'
(Fifteen Feet), even when a side yard is across from a front yard, the side yard
shall be 15' (Fifteen Feet).
5. MINIMUM LOT WIDTH
There shall be a minimum lot width of 60' (Sixty Feet) measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of 100' (One Hundred Feet) and 90' (Ninety
Feet) at Cul-de-Sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily incidental to the use.
Churches and church related uses as permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed 35' (Thirty Five Feet) or two an one-half(2-1/2) stories
in height.
9. MINIMUM DWELLING SIZE
Minimum dwelling size shall be 1,600 (One Thousand Six Hundred Feet).
10. LOT COVERAGE
In no case shall more than 60% (Sixty Percent) of the total lot area be covered by
the combined area of the main buildings and accessory buildings.
11. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum of 75% (Seventy
Five Percent) brick, tiles, cement, concrete, stone or similar materials.
III. DEVELOPMENT STANDARDS:
1. Dedication of 24.27 acres of open space for a Linear Park System, Community
Center, Community Park and landscape buffer adjacent to the existing railroad, to
be maintained by the Master Homeowners Association.
2. Provisions for a divided entry into F.M. 544 to allow for additional access along
with landscape identify features for the Master Planned Subdivision.
3. Open space will include the extension of an 8' Hike and Bike Trail consistent with
the City of Wylie's Master Planned Parks.
4. Provisions for the Master Thoroughfare Plan for the Collector Systems.
5. Provisions for Master Homeowners Association and Deed Restrictions
6. Paving design to adhere to the City of Wylie's standards allowing for 4" crowns.
7. The extension of Springwell Parkway will be required at the time of one of the
following two things occur (a) 50% of the housing has been permitted. (b) At the
time of construction of any additional Phases beginning after Phase I and II.
AMENDED AND RESTATED MASTER DECLARATION
OF COVENANTS CONDITINS AND RESTRICTIONS FOR
LAKESIDE ESTATES, COLLIN COUNTY, TEXAS
THIS AMENDED AND RESTATED MASTER DECLARATION is made this
day of , 199_, by PARAMOUNT LAND DEVELOPMENT, INC., a Texas
corporation (hereinafter referred to as "Declarant").
WITNESSETH :
WHEREAS, Paramount Land Development, Inc., a Texas corporation, executed and
recorded that certain Master Declaration of Covenants, Conditions and Restrictions for Lakeside
Estates (the "Initial Declaration") dated , 199 , recorded in Volume
Page of the Real Property Records of Collin County, Texas; and
WHEREAS, Declarant has acquired all of the right, tile and interest in and to the real
property encumbered by the Initial Declaration, including all of the rights as the "Declarant"
under the Initial Declaration; and
WHEREAS, Declarant, as the owner of all of the real property encumbered by the Initial
Declaration, desires to amend and restate, in its entirety, the Initial Declaration; and
WHEREAS, Declarant is the owner of the real property referred to in Article II hereof
and described on Exhibit "A" attached hereto and made a part hereof for all purposes, and
desires to create thereon a residential community with residential lots, open spaces, landscaping,
sprinkler systems, streets, common lighting, fencing, drives, screening walls, and other common
improvements for the benefit of the community; and
WHEREAS, Declarant desires to provide for, among other matters, the preservation of
the values and amenities in said community and for the maintenance of said open spaces,
landscaping, sprinkler systems, streets, common lighting, fencing, drives, screening walls and
other common improvements; and, to this end, desires to subject the real property referred to in
Article II, together with such additions as may hereafter be made thereto (as provided in Article
II) to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth,
each and all of which is and are for the benefit of said property and each and every owner of any
part thereof; and
WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the
values and amenities in said community, to create an owners' association to which would be
delegated and assigned the powers of(i) maintaining and administering the common properties
and facilities, (ii) administering ad enforcing the covenants and restrictions contained herein, and
(iii) collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Declarant has caused or will cause a corporation to be incorporated under
the laws of the State of Texas for the purpose of effecting the intents and objectives herein set
forth.
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NOW, THEREFORE, Declarant declares that the real property referred to in Article II,
and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be
held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions,
easements, charges and liens (sometimes referred to as "Covenants and Restrictions") hereinafter
set forth.
ARTICLE I
DEFINITIONS
The following words when used in this Declaration or any Supplemental Declaration
(unless the context shall otherwise prohibit) shall have the following meanings:
(a) "Annexation Declaration" shall have the meaning set forth in
Section 2.02 (a) hereof.
(b) "Architectural Control Committee" shall mean and refer to the
architectural control committee described in Article X hereof
(c) "Articles of Incorporation" shall mean and refer to the articles of
incorporation of the Association as may be amended from time to time.
(d) "Association" or "Master Association" shall mean and refer to a
Texas corporation, formed or to be formed by Declarant which will have the
power, duty and responsibility of maintaining and administering the Common
Properties, and collecting and disbursing the assessments and charges hereinafter
prescribed, and will have the right to administer and enforce the Covenants and
Restriction.
(e) "Board" or "Board of Directors" shall mean and refer to the board
of directors of the Association.
(f) "Bylaws" shall mean and refer to the bylaws of the Association, as
may be amended from time to time.
(g) "Class A Members" shall have the meaning set forth in Section
3.02 hereof.
(h) "Class B Members" shall have the meaning set forth in Section
3.02 hereof.
(i) "Common Properties" shall mean and refer to (i) those certain
drives, street lights, street signs, traffic control devices, parkway areas,
landscaped medians, landscaping improvements, plantings, screening walls,
fencing, sprinkler systems, and easements, among other amenities, as are more
particularly described on Exhibit `B" attached hereto and made a part hereof for
all purposes, all of which are intended to be devoted to the common use and
enjoyment of the Owners; and (ii) any areas of land, improvements or other
property rights within the Properties which are known, described or designated as
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Common Properties intended for or devoted to the common use and enjoyment of
the Owners, together with any and all improvements that are now or may
hereafter be constructed thereon. In certain circumstances, Common Properties
may not be owned by the Declarant or the Association in fee, but may, in some
instances, be held as an easement, be leased or may simply be areas of land that
are not owned or leased by the Declarant or the Association but which are
maintained by the Association or the Declarant for the use and benefit of the
Owners and the Properties. The Declarant may hold record title to all or a portion
of the Common Properties, consistent with the objectives envisioned herein and
subject to the easement rights herein of the Owners to use and enjoy the Common
Properties, for an indefinite period of time and at a point in time (deemed
appropriate and reasonable by the Declarant) after the Association has been
incorporated, record title to those portions of the Common Properties which are
owned by the Declarant in fee, as an easement or otherwise will be transferred
from the Declarant to the Association.
(j) "Declarant" shall mean and refer to Paramount Land Development,
Inc., a Texas corporation, and its successors and assigns, if such successors and/or
assigns become same by operation of law, or should (i) such successors and/or
assigns acquire all or substantially all of the Properties from Declarant for the
purpose of development, and (ii) any such assignee receives by assignment from
Declarant all or a portion of its rights hereunder as such Declarant, by an
instrument expressly assigning such rights of Declarant to such assignee. No
person or entity purchasing one or more Lots from Declarant in the ordinary
course of business shall be considered as "Declarant".
(k) "Declaration" or "Master Declaration" shall mean and refer to this
Amended and Restated Master Declaration of Covenants, Conditions and
Restrictions for Lakeside Estates, Collin County, Texas, and all amendments and
supplements hereto.
(1) "Lot" shall mean and refer to any plot or tract of land shown upon
any recorded subdivision map(s) or plat(s) of the Properties, as amended from
time to time, which is designated as a lot thereon and which is or will be
improved with a residential dwelling. Some portions of the Common Properties
may be platted as a "lot" on the recorded subdivision plat, however, these lots
shall be excluded from the concept and definition of lot as used herein.
(m) "Member" shall mean and refer to each Owner as provided in
Article III hereof.
(n) "Owner" shall mean and refer to every person or entity, including
Declarant, who is a record owner of a fee or undivided fee interest in any portion
of the Properties. The foregoing is not intended to include persons or entities who
hold an interest merely as security for the performance of an obligation.
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(o) "Plat" shall mean and refer to any final subdivision plat of any
portion of the Properties duly recorded in the Map or Plat Records of Collin
County, Texas.
(p) "Properties" shall mean and refer to the real property subject to
this Declaration as described on Exhibit "A" attached hereto, together with such
additions as my hereafter be made thereto (as provided in Article II).
(q) "Subassociation" shall mean and refer to any Texas nonprofit
corporation or unincorporated association organized and established by Declarant
or with Declarant's written approval pursuant to or in connection with a
Supplemental Declaration.
(r) "Supplemental Declaration" shall have the meaning set forth in
Section 2.03 hereof.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION;
ADDITIONS THERETO; SUPPLEMENTAL DECLARATIONS
2.01.1 Existing Properties. The properties which are, and shall be, held, transferred,
sold, conveyed, and occupied subject to this Declaration are located in the City of Wylie (the
"City"), Collin County, State of Texas, and are more particularly described on Exhibit "A"
attached hereto and incorporated herein by reference for all purposes.
2.02 Additions to Properties. Additional land(s) may become subject to this
Declaratin in any of the follow manners:
(a) It is contemplated that Declarant will develop or caused to be
developed all or a portion of the real property described on Exhibit "C" attached
hereto and made a part hereof for all purposes (the "Additional Land") for
residential purposes. The Declarant may (but is under no duty or obligation to)
add or annex additional real property, including all or any portion of the
Additional Land, to the scheme of this Declaration by filing of record an
Annexation Declaration of Covenants, Conditions and Restrictions ("Annexation
Declaration") which shall extend the scheme of the Covenants and Restrictions of
this Declaration to such property; provided, however, that such annexation
Declaration may contain such complementary additions and modifications of the
Covenants and Restrictions contained in this Declaration as may be necessary to
reflect the different character, if any, of the added properties and as are not
materially inconsistent with this Declaration in a manner which adversely affects
the concept of this Declaration.
(b) In the event any person or entity other than the Declarant desires to
add or annex additional residential and/or common areas to the scheme of this
Declaration, such proposed annexation must have the prior written consent and
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approval of the majority of the outstanding votes within each voting class of the
Association.
(c) Any Additions may pursuant to Paragraphs (a) and (b) of this
Section 2.02, when made, shall automatically extend the jurisdiction, functions,
duties and membership of the Association to the properties added.
(d) The Declarant shall have the right and option, without the joinder,
approval or consent of any person(s) or entity(ies), to cause the Association to
merge or consolidate with any similar association then having jurisdiction over
real property located (in whole or in part) within two (2) miles of any real
property then subject to the jurisdiction of the Association. Upon a merger or
consolidation of the Association with another association, its properties, rights
and obligations may, by operation of law, be transferred to another surviving or
consolidated association or, alternatively, the properties, rights and obligations of
another association may, by operation of law, be added to the properties, rights
and obligations of the Association as a surviving corporation pursuant to a
merger. The surviving or consolidated association may administer the Covenants
and Restrictions established by this Declaration within the Properties together
with the covenants and restrictions established upon any other properties as one
scheme.
(e) Notwithstanding the fact that the Declarant may not be an Owner by
virture of its sale, transfer or conveyance of all of its right, title, and interest in the
Properties, the Declarant shall continue to be entitled to implement and exercise
all its rights under and pursuant to this Section 2.02 and all of the subsections
hereof. Even though the Declarant may not be a Class A or Class B Member
prior to an annexation, merger or consolidation permitted by this Section 2.02,
subsequent to such annexation, merger or consolidation, the Declarant shall be
and become a Class B Member with respect to the real property owned by it
within the Properties, as such Properties have been expanded or increased by the
annexation, merger or consolidation. The Declarant's rights as a Class B Member
shall be governed by and set forth in this Declaration and the Articles of
Incorporation and Bylaws of the Association, as same may be amended or altered
by, and in accordance with, the annexation, merger or consolidation.
2.03 Development of Properties. It is contemplated that the Properties will be
developed pursuant to a master concept plan, which may, from time to time, be amended or
modified, in which the development of and restrictions upon each portion thereof will benefit
each other portion and the whole thereof As each area is developed or dedicated, Declarant may
record one or more supplemental declarations ("Supplemental Declarations") and designate the
use, classification and such additional covenants, conditions and restrictions as Declarant may
deem appropriate for that area. Any Supplemental Declaration may, but need not, provide for
the establishment of a Subassociation to be comprised of Owners within the area subject thereto.
Any Supplemental Declaration may provide its own procedure for the amendment of any
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provisions thereof. All lands improvements and uses in each area so developed shall be subject
to both this Master Declaration and the Supplemental Declaration, if any, for that area.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
3.01 Membership. Every Owner of a Lot shall automatically be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of
any Lot which is subject to this Declaration.
3.02 Classes of Membership. The Association shall have two (2) classes of voting
membership:
Class A. Class A Members shall be all Members with the exception of Class
B Members. Class A Members shall be entitled to one (1) vote for each Lot in
which they hold the interest required for membership. When more than one
person holds such interest or interests in any Lot, all such persons shall be
Members, and the vote for such Lot shall be exercised as they, among themselves,
determine, but in no event shall more than one vote be cast with respect to any
such Lot.
Class B. Class B Members shall be Declarant, any bona fide Owner who
owns unplatted property which is subject to this Declaration, and any bona fide
Owner who is engaged in the process of constructing a residential dwelling on
any Lot for sale to consumers. Declarant shall be entitled to six (6) votes for each
Lot owned by all Class B Members and one (1) vote for each 1,000 square feet of
unplatted property which is subject to this Declaration owned by all Class B
Members. Class B Members other than Declarant shall be non-voting Members
of the Association. The Class B membership shall cease, and each Class B
Member shall become a Class A Member, upon the earlier to occur of the
following: when the total number of votes outstanding in the Class A membership
is eight (8) times greater than the total number of votes outstanding in the Class B
membership; or
(i) when the total number of votes outstanding in the Class A
membership is eight (8) times greater than the total number of
votes outstanding in the Class B membership; or
(ii) when the Declarant no longer owns record title to any
portion of the Properties; or
(iii) on the twentieth (20t11) anniversary of the date this
Declaration was recorded in the Office of the Country Clerk of
Collin County, Texas.
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Notwithstanding this voting rights within the Association, until the Declarant no longer
owns record title to any portion of the Properties or the twentieth (20th) anniversary of the date
this Declaration was recorded in the Office of the County Clerk of Collin County, Texas,
whichever occurs first in time, the Association shall take no action with respect to any matter
whatsoever without the prior written consent of the Declarant.
Owners of exempt properties as described in Section 5.11 hereof shall be Members but
shall not have voting rights.
3.03 Quorum, Notice and Voting Requirements.
(a) Subject to the provisions of Paragraph (c) of this Section, any
action taken at a meeting of the Members shall require the assent of the majority
of all of the votes of those who are voting in person or by proxy, regardless of
class, at a meeting duly called, written notice of which shall be given to all
Members not less than ten (10) days nor more than fifty (50) days in advance.
(b) The quorum required for any action referred to in Paragraph (a) of
this Section shall be as follows:
The presence at the initial meeting of Members entitled to
cast, or of proxies entitled to cast, a majority of the votes of all
action except as otherwise provided in the Articles of
Incorporation, the Bylaws or this Declaration or as provided by the
laws of the State of Texas. If the required quorum is not present or
represented at the meeting, one additional meeting may be called,
subject to the notice requirement herein set forth, and the required
quorum at such second meeting shall be one-half (1/2) of the
required quorum at the preceding meeting; provided, however, that
no such second meeting shall be held more than sixty (60) days
following the first meeting.
(c) As an alternative to the procedure set forth above, any action
referred to in Paragraph (a) of this Section may be taken without a meeting if a
consent in writing, approving of the action to be taken, shall be signed by all
Members.
(d) Except as otherwise specifically set forth in this Declaration,
notice, voting and quorum requirements for all actions to be taken by the
Association shall be consistent with its Articles of Incorporation and Bylaws, as
same may be amended from time to time.
(e) During the period of time that the Association is unincorporated,
the Declarant shall have the sole right and option to prescribe reasonable
procedures for the meetings (if any) of the Members; provided, however, that
prior to incorporation, without the writing approval of the Declarant, no Member
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(other than Declarant) shall have a right to vote on any matter, or to call any
meetings of the Members. Except as specifically set forth in this Declaration,
notice, voting and quorum requirements for all action to be taken by the
Association(as an incorporated entity) shall be consistent with its Articles of
Incorporation and Bylaws, as same may be amended from time to time.
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON PROPERTIES
4.01 Members' Easements of Enjoyment. Subject to the provisions of Section 4.03
of this Article, every Member and every tenant of every Member, who resides on a Lot, and each
individual who resides with either of them, respectively, on such Lot shall have a non-exclusive
right and easement of use and enjoyment in and to the Common Properties, except that no
wading, swimming, or fishing shall be allowed in any body of water or drainage ways, and such
easement shall be appurtenant to and shall pass with the title every Lot; provided, however, such
easement shall not give such person the right to make alterations, additions or improvements to
the Common Properties.
4.02 Title to the Common Properties. The Declarant shall dedicate and convey the
fee simple title to the Common Properties to the Association at such point in time deemed
reasonable and appropriate by the Declarant. Prior to the date the Common Properties are
conveyed to the Association, the Declarant shall retain the right to sell portions of the Common
Properties to Owners if Declarant, in its sole discretion, deems such sale to be for the best
interest of the development.
4.03 Extent of Members' Easements. The rights and easements of enjoyment
created hereby shall be subject to and limited by the following:
(a) The right of the Association to prescribe regulations governing the
use, operation and maintenance of the Common Properties.
(b) Liens of mortgages placed against all or any portion of the
Common Properties with respect to monies borrowed by the Declarant to develop
and improve the Common Properties or by the Association to improve or maintain
all or any portion of the Common Properties;
(c) The right of the Association to enter into and execute contracts
with parties (including the Declarant or an affiliate of the Declarant) for the
purpose of providing maintenance for all or a portion of the Common Properties
or providing materials or services consistent with the purposes of the Association;
(d) The right of the Association to take such steps as are reasonably
necessary to protect the Common Properties against foreclosure;
(e) The right of the Association, as may be provided in its Bylaws, to
suspend the voting rights of any Member and to suspend the right of any
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individual to use any of the Common Properties for any period during which any
assessment against a Lot owned by such individual remains unpaid, and for any
period not to exceed sixty (60) days for an infraction of its rules and regulations.
(f) The right of the Declarant or the Association, subject to approval
by written consent by the Member(s) having a majority of the outstanding votes
of the Members, in the aggregate, regardless of class, to dedicate or transfer all or
any part of the Common Properties to any public agency, authority, or utility
company for such purposes and upon such condition as may be agreed to by such
Members;
(g) The right of the Declarant or the Association, at any time, to make
such reasonable amendments to any Plat, as it deems advisable, in its sole
discretion. All Members are advised that a portion of the Common Properties
may be located within the platted and dedicated public rights-of-way and in
connection therewith the public shall have rights of use and enjoyment of
Common Properties located within the public rights-of-way; and
(h) With respect to any and all portions of the Common Properties,
Declarant, until Declarant no longer owns record title to any portion of the
Properties or the twentieth (20th) anniversary of the date this Declaration was
recorded in the Office of the County Clerk of Collin County, Texas, which ever is
the first to occur, shall have the right ad option (without the joinder and consent of
any person or entity, save and except any consent,joinder or approval required by
the Town or any other governmental agency having appropriate jurisdiction over
the Common Properties) to: (i) alter, improve, landscape and/or maintain the
Common Properties; (ii) rechannel, realign, dam, bridge bulwark, culvert and
otherwise employ or utilize construction and/or engineering measures and
activities of any kind or nature whatsoever upon or within the Common
Properties; (iii) zone, rezone, or seek and obtain variances or permits of any kind
or nature whatsoever upon or within the Common Properties; (iv) replat or
redesign the shape or configuration of the Common Properties; and (v) seek and
obtain any and all permits, licenses or exemptions from any and all governmental
agencies exercising jurisdiction over the Common Properties and/or the uses or
activities thereon.
ARTICLE V
COVENANTS FOR ASSESSMENTS
5.01 Creation of the Lien and Personal Obligation of Assessments. Declarant, for
each Lot owned by it, hereby covenants and agrees, and each purchaser of any Lot by acceptance
of a deed or other conveyance document creating in such Owner the interest required to be
deemed an Owner, whether or not it shall be so expressed in any such deed or other conveyance
document, shall be deemed to covenant and agree (and such covenant and agreement shall be
deemed to constitute a portion of the consideration and purchase money for the acquisition of the
Lot), to pay to the Association (or to an entity or collection agency designated by the
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Association: (1) annual maintenance assessments or charges (as specified in Section 5.04
hereof), such assessments to be fixed, established and collected from time to time as herein
provided; (2) special assessments for capital improvements and other purposes (as specified in
Section 5.05 hereof), such assessments to be fixed, established and collected from time to time as
hereinafter provided; and (3) individual special assessments levied against one or more Owners
to reimburse the Association for extra costs for maintenance and repairs caused by the willful or
negligent acts or omissions of such Owner or Owners, his tenants (if applicable), and their
respective family, agents, guests and invitees, and not caused by ordinary wear and tear (as
specified in Section 5.05 hereof), all of such assessments to be fixed, established and collected
from time to time as hereinafter provided. The annual maintenance, special capital, and special
individual assessments described in this Section 5.01 (hereinafter, the "Assessments"), together
with interest thereon, attorneys' fees, court costs and other costs of collection thereof, as herein
provided, shall be a charge on the land and shall be a continuing lien upon each Lot against
which any such Assessment is made. Each such Assessment, together with interest thereon,
attorneys' fees, court costs, and other costs of collection thereof shall also be the continuing
personal obligation of the Owner of such Lot at the time when the Assessment fell due. Further,
no Owner may exempt himself from liability for such Assessments or waive or otherwise escape
liability for the Assessments by non-use of the Common Properties or abandonment of his Lot.
Existing obligations of an Owner to pay Assessments and other costs and charges shall not pass
to bona fide first lien mortgagees which become Owners by reason of foreclosure proceedings
or an action at law subsequent to the date the Assessment was due; provided, however, any such
foreclosure proceeding or action at law shall not relieve such new Owner of such Lot from
liability for the amount of any Assessment thereafter become due nor from the lien securing the
payment of any subsequent Assessment.
5.02 Purpose of Assessments. The Assessments levied by the Association shall be
used exclusively for (i) the purpose of promoting the recreation, comfort, health, safety and
welfare of the Members and/or the residents of the Properties; (ii) managing the Common
Properties; (iii) enhancing the quality of life in the Properties and the value of the Properties; (iv)
improving ad maintaining the Common Properties, the properties, services, improvements and
facilities devoted to or directly related to the use and enjoyment f the Common Properties,
including, but not limited to, the payment of taxes on the Common Properties and insurance in
connection therewith and the repair, replacement and additions thereto; (v) paying the cost of
labor equipment (including the expense of leasing any equipment) and materials required for,
and management and supervision of, the Common Properties; (vi) carrying out the powers and
duties of the Board of Directors of the Association as set forth in this Declaration and the
Bylaws; (vii) carrying out the purposes of the Association as stated in its Articles of
Incorporation; and (viii) carrying out the purposes and duties relating to the Architectural
Control Committee, after Declarant has delegated or assigned such powers and duties to the
Association.
5.03 Improvement and Maintenance of the Common Properties Prior to
Conveyance to the Association. Initially, all improvement of the Common Properties shall be
the responsibility of the Declarant and shall be undertaken by Declarant at its sole cost and
expense with no right to reimbursement from the Association. After the initial improvements to
the Common Properties are substantially completed and until the date of the conveyance of the
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title to the Common Properties to the Association, the Declarant, on behalf of the Association,
shall have the responsibility and duty (but with right of Assessment against all Owners of
maintaining the Common Properties, including, but not limited to, the payment of taxes on and
insurance in connection with the Common Properties and the cost of repairs, replacements and
additions thereto, and for paying the cost of labor, equipment (including the expense of leasing
any equipment) and materials required for, and management and supervision of, the Common
properties. In this regard, and until such time as the Common Properties are conveyed to the
Association, all Assessments collected by the Association (less such amount required for the
operation of the Association) shall be forthwith paid by the Association to Declarant, to the
extent that such Assessments are required by Declarant to maintain the Common Properties as
set forth in this Paragraph. The Association may rely upon a certificate executed and delivered
by the Declarant with respect to the amount required by Declarant to maintain the Common
Properties hereunder.
5.04 Annual Maintenance Assessments.
(a) Commencing with the year beginning January 1, 1999, and each
year thereafter, each Member shall pay to the Association an annual maintenance
assessment in such amount as set by the Board of Directors, as its annual meeting;
provided, however, in no event shall any maintenance assessment be due for the
period of time prior to July 1, 1999.
(b) Subject to the provisions of Section 5.04(c) hereof, the rate of
annual maintenance assessments may be increased by the Board. The Board may,
after consideration of current maintenance, operational and other costs and the
future needs of the Association, fix the annual maintenance assessments for any
year at a lesser amount than that of the previous year.
(c) An increase in the rate of the annual maintenance assessments as
authorized by Section 5.04(b) hereof in excess of twenty-five percent (25%) of
the preceding year's annual maintenance assessments must be approved by the
Members in accordance with Section 3.03 hereof
(d) When the annual maintenance assessment is computed for Lots, all
or a portion of such annual maintenance assessment shall be payable to the
Association by the Member according to the status of the Lot owned by such
Member as follows:
(i) As to a Lot owned by a Class A Member, the full
annual maintenance assessment shall be payable.
(ii) As to a Lot owned by a Class B Member, twenty-
five percent (25%) of the annual maintenance assessment shall be
payable.
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(e) Notwithstanding anything herein contained to the contrary, prior to
January 1, 1999, the maximum annual maintenance assessment chargeable against
any Lot for which a full assessment is payable shall not exceed $40.00 per month;
provided, however, until such time as the initial phase of a recreation center and
park facilities ("Facilities") has been installed on the property described on
Exhibit "D" attached hereto and made a part hereof for all purposes, the
maximum annual assessment for any period prior to January 1, 1999, shall not
exceed $20.00 per month and until such time as the second phase of the Facilities
has been installed the maximum annual assessment for any period prior to January
1, 1999, shall not exceed $30.00 per month. It is contemplated that the first phase
of the Facilities shall contain a junior olympic size swimming pool, "cabana"
building, soccer field/baseball, parking and various playground facilities,
however, Declarant shall have the sole discretion as to the contents of the initial
phase of the Facilities and the time such phase shall be developed.
(f) The Board of Directors may provide that annual maintenance
assessments shall be paid monthly, quarter-annually, semi-annually or annually
on a calendar year basis. Not later than thirty (30) days prior to the beginning of
each fiscal year of the Association, the Board shall (i) estimate the total common
expenses to be incurred by the Association for the forthcoming fiscal year, (ii)
determine, in a manner consistent with the terms and provisions of this
Declaration, the amount of the annual maintenance assessments to be paid by
each Member, and (iii) establish the date f commencement of the annual
maintenance assessments. Written notice of the annual maintenance assessments
to be paid by each Member and the date of commencement thereof shall be sent to
every Member but only to one (1) joint Owner. Each Member shall thereafter
pay to the Association his annual maintenance assessment in such manner as
determined by the Board of Directors.
(g) The annual maintenance assessments shall include reasonable
amounts, as determined by the Members or by the Board, collected as reserves for
the future periodic maintenance, repair and/or replacement of all or a portion of
the Common Properties. All amounts collected as reserves, whether pursuant to
this Section or otherwise, shall be deposited in a separate bank account to be held
in trust for the purposes for which they were collected and are to be segregated
from and not commingled with any other funds of the Association. Assessments
collected as reserves shall not be considered to be advance payments of regular
annual maintenance assessments.
5.05 Special Capital Assessments and Special Individual Assessments.
(a) In addition to the annual maintenance assessments authorized in
Section 5.04 hereof, the Board of Directors of the Association may levy in any
calendar assessment year a special capital assessment for the purpose of (i)
defraying, in whole or in part, the cost of any construction or reconstruction,
repair or replacement of improvement upon the Properties or Common Properties,
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including the necessary fixtures and personal property related thereto (ii)
maintaining portions of the Common Properties and improvements thereon, or
(iii) carrying out other purposes of the Association; provided, however, that any
such special capital assessment levied by the Association shall have the approval
of the Members in accordance with Section 5.05 and shall be deposited by the
Board of Directors in a separate bank account to be held in trust for such purpose.
These funds shall not be commingled with any other funds of the Association.
(b) The Board of Directors of the Association may levy special
individual assessments against one or more Owners for (i) reimbursement to the
Association of the costs for repairs to the Properties or Common Properties and
improvements thereto occasioned by the willful or negligent acts of such Owner
or Owners and not ordinary wear and tear; or (ii) for payment of fines, penalties
or other charges imposed against an Owner or Owners relative to such Owner's
failure to comply with the terms and provisions of this Declaration, the Bylaws of
the Association or any rules or regulation promulgated hereunder. Any special
individual assessment levied by the Association shall be paid by the Owner or
Owners directly to the Association. All amounts collected by the Association as
special individual assessments under this Section 5.05 shall belong to and remain
with the Association.
5.06 Uniform Rate of Annual Maintenance Assessments and Special Capital
Assessments. Both annual maintenance assessments and special capital assessments (excepting
therefrom special individual assessments) must be fixed at a uniform rate for all Lots, and be
payable as set forth herein.
5.07 Date of Commencement of Assessment; Due Dates; No Offsets. The annual
maintenance assessments provided for herein shall commence on the date fixed by the Board of
Directors to be the date of commencement and, except as hereinafter provided, shall be payable
monthly, quarter-annually or annually, in advance, on the first day of each payment period
thereafter, as the case may be and as the Board of Directors shall direct. The first annual
maintenance assessments shall be made for the balance of the calendar year in which it is levied.
The amount of the annual maintenance assessment which may be levied for the balance
remaining in the first year of assessment shall be an amount which bears the same relationship to
the annual maintenance assessment provided for in Section 5.04 hereof as the remaining number
of months in that year bears to twelve; provided, however, that if the date of commencement falls
on other than the first day of a month the annual maintenance assessment for such month shall be
prorated by the number of days remaining in the month. The due date or dates, if to be paid in
installments, of any special capital assessment or special individual assessment under Section
5.05 hereof shall be fixed in the respective resolution authorizing such assessment. Annual
maintenance, special capital and special individual assessments may be established, collected
and enforced by the Declarant at any time prior to the incorporation of the Association. All
Assessments shall be payable in the amount specified by the Association and n offsets against
such amount shall be permitted for any reason
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5.08 Duties of the Board of Directors with Respect to Assessments.
(a) The Board of Directors shall fix the date of commencement and
the amount of the annual maintenance assessment against each Lot for each
assessment period at least thirty (30) days in advance of such date or period and
shall, at that time, prepare a roster of the Lots and assessments applicable thereto
which shall be kept in the office of the Association and shall be open to inspection
by any Owner.
(b) Written notice of all assessments shall be delivered or mailed to
every Owner subject thereto. Such notice shall be sent to each Owner at the last
address provided by each Owner, in writing, to the Association.
(c) The omission of the Board of Directors to fix the assessments
within the time period set forth above for any year shall not be deemed a waiver
or modification in any respect of the provisions of this Declaration, or a release of
any owner from the obligation to pay the assessments, or any installment thereof
for that or any subsequent year, but the assessment fixed for the preceding year
shall continue until a new assessment is fixed.
(d) The Board of Directors shall upon demand at any time furnish to
any Owner liable for said assessment a certificate signed by an officer or agent of
the Association, setting forth whether said assessment has been paid. Such
certificate shall be conclusive evidence of payment of any assessment therein
stated to have been paid. A reasonable charge may be made by the Board for the
issuance of such certificate.
5.09 Non-Payment of Assessment.
(a) Delinquency. Any Assessment, or installment thereof, which is
not paid in full when due shall be delinquent on the day following the due date
(herein, "delinquency date") as specified in the notice of such Assessment. The
Association shall have the right to reject partial payment of an Assessment and
demand full payment thereof. If any Assessment or part thereof is not paid within
ten (10) days after the delinquency date, the unpaid amount of such Assessment
shall bear interest from and after the delinquency date until paid at a rate equal to
the lesser of (i) eighteen percent (18%) per annum or (ii) the maximum lawful
rate.
(b) Lien. The unpaid amount of any Assessment not paid by the
delinquency date shall, together with the interest thereon as provided in Section
5.09(a) hereof and the cost of collection thereof, including reasonable attorneys'
fees, become a continuing lien and charge on the Lot of the non-paying Owner,
which shall bind such Lot in the hands of the Owner, and his heirs, executors,
administrators, devisees, personal representatives, successors and assigns. The
lien shall be superior to all other liens and charges against the Lot, except only for
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tax liens and the lien of any bona fide first mortgage on first deed of trust now or
hereafter placed upon such Lot. A subsequent sale or assignment of the Lot shall
not relieve the Owner from liability for any Assessment made prior to the date of
sale or assignment and thereafter becoming due nor from the lien of any such
Assessment. The Board shall have the power to subordinate the lien securing the
payment of any Assessment rendered by the Association to any other lien. Such
power shall be entirely discretionary with the Board. As hereinbefore stated, the
personal obligation of the Owner incurred at the time of such Assessment to pay
such Assessment shall remain the personal obligation of such Owner and shall not
pass to such Owner's successors I title unless expressly assumed by them in
writing. Liens for unpaid Assessments shall not be affected by any sale or
assignment of a Lot and shall continue in full force and effect. No Owner may
exempt himself from liability for such Assessments or waive or otherwise escape
liability for the Assessments by non-use of the Common Properties or
abandonment of his lot.
To evidence any lien, the Association shall prepare a written notice of lien
setting forth the amount of the unpaid indebtedness, the name of the owner of the
Lot covered by such lien and a description of the Lot covered by such lien. Such
notice shall be executed by one of the officers of the Association and shall be
recorded in the Office of the County Clerk of Collin County, Texas.
(c) Remedies. The lien securing the payment of the Assessments shall
attach to the Lot belonging to such non-paying Owner with the priority set forth in
this Section. Subsequent to the recording of a notice of the lien, the Association
may institute an action at law against the Owner or Owners personally obligated
to pay the Assessment and/or for the foreclosure of the aforesaid lien. In any
foreclosure proceeding the Owner shall be required to pay the costs, expenses and
reasonable attorney's fees incurred by the Association. In the event an actin at
law is instituted against the Owner or Owners personally obligated to pay the
Assessment there shall be added to the amount of any such Assessment:
(i) the interest provided in Section,
(ii) the costs of preparing ad filing the complaint in
such action
(iii) the reasonable attorneys' fees incurred in
connection with such action, and
(iv) any other costs of collection;
and in the event a judgment is obtained, such judgment shall include interest on
the Assessment as provided in this Section and a reasonable attorneys' fee to be
fixed by the court, together with the costs of the action.
Each Owner, by acceptance of a deed to a Lot, hereby expressly vests in
the Association or its agents or trustees the right and power to bring all actions
against such Owner personally for the collection of such charges as a debt, and to
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enforce the aforesaid liens by all methods available for the enforcement of such
liens, including non judicial foreclosure pursuant to Section 51.002 of the Texas
Property Code, and such Owner hereby expressly grants to the Association the
private power of sale in connection with said liens. The Association may also
suspend the Association membership and voting rights of any Owner who is in
default in payment of any Assessment in accordance with this Declaration and/or
the Bylaws.
(d) Notice to Mortgagees. The Association may, and upon the written
request of any mortgagee holding a prior lien on any part of the Properties, shall
report to said mortgagee any Assessments remaining unpaid for longer than thirty
(30) days after the delinquency date of such Assessment.
5.10 Subordination of the Lien to Mortgages. The lien securing the payment of the
Assessments shall be subordinate and inferior to the lien of any bona fide first lien mortgage or
deed of trust now or hereafter recorded against any Lot; provided, however, that such
subordination shall apply only to the Assessments which have become due and payable prior to
a sale, whether public or private, of such property pursuant to the terms and conditions of any
such mortgage or deed of trust. Such sale shall not relieve the new Owner of such Lot from
liability for the amount of any Assessment thereafter becoming due nor from the lien securing
the payment of any subsequent assessment.
5.11 Exempt Property.
The following property subject to this Declaration shall be exempted from the
assessments, charges and liens created in Section 5.04 and Section 5.05(a) hereof:
(a) All properties dedicated and accepted by the local
public authority and devoted to public use.
(b) All Common Properties
5.12 Estoppel Information from Board with Respect to Assessments. The Board
shall upon demand at any time furnish to any Owner liable for an Assessment, a certificate in
writing signed by an officer of the Association, setting forth whether said Assessment has been
paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated
to have been paid. A reasonable charge may be made by the Board of Directors of the
Association for the issuance of such certificates.
5.13 Rights of the City of Wylie. Unless otherwise approved by seventy-five percent
(75%) of the outstanding votes of all Members of the Association, regardless of class, the
Association shall not by act or omission seek to abandon its obligations as established by this
Declaration. However, the City shall have the right, but not the obligation to assume the duty of
performing the maintenance obligations of the Association in the event that:
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(a) The Association dissolves and the Common Properties shall not be
either(i) dedicated to and accepted by the City or other appropriate public agency,
authority, or utility to be devoted to purposes as nearly as practicable as those to
which such Common Properties were required to be devoted by the Association,
or (ii) conveyed to another association or entity which assumes all of the
Association's obligations imposed hereunder to maintain the Common Properties,
upon the City giving written notice to the Owners, within 180 days after such
dissolution; or
(b) The Association, its successor or assigns, shall fail or refuse to
adequately maintain the appearance and condition of the Common Properties
which it is obligated to maintain hereunder, upon the City giving the Association,
its successor or assign, written notice specifying in detail the nature and extent of
the failure to maintain the Common Properties, and the Association failing to cure
such deficiencies within thirty (30) days after receipt of such written notice.
Upon assuming such maintenance obligations, the City may collect, when the same
become due, all assessments, annual or special, levied by the Association pursuant to the
provisions hereof for the purposes of repairing, replacing, maintaining, or caring for the
Common Properties; and, if necessary, enforce the payment of delinquent assessments in the
manner set forth herein. In the alternative, upon assuming such maintenance obligations, the
City may levy an assessment upon each Lot on a pro rata basis for the costs of such maintenance,
notwithstanding any other provisions contained in this Declaration, which assessment shall
constitute a lien upon the Lot against which each assessment is made. During any period that the
City assumes the obligations to maintain and care for the Common Properties shall cease and
terminate when the Association, its successors and assigns, shall present to the City reasonable
evidence of its willingness and ability to resume maintenance of the Common Properties. In the
event the City assumes the duty of performing the maintenance obligations of the Association as
provided herein, the City, its agents, representatives and employees shall have the right of access,
ingress and egress to and over the Common Properties for the purposes of maintaining,
improving, and preserving the same, and in no event, and under no circumstances, shall the City
be liable to the Association or any Owner or their respective heirs, devisees, personal
representatives, successors and assigns for negligent acts or omissions (excluding, however,
malfeasance and gross negligence) relating in any manner to maintaining, improving, and
preserving the Common Properties.
ARTICLE VI
GENERAL POWERS AND DUTIES
OF BOARD OF DIRECTORS OF THE ASSOCIATION
6.01 Powers and Duties. The affairs of the Association shall be conducted by its
Board of Directors. Prior to the incorporation of the Association, the Declarant shall select and
appoint the Board of Directors, each of whom shall be a Class A or Class B Member, or an
officer, employee, representative or agent of a Class A or Class B Member. From and after the
effective date of the Association's incorporation, the Board of Directors shall be selected in
accordance with the Articles of Incorporation and Bylaws of the Association. The Board, for the
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benefit of the Properties, the Common Properties and the Owners, shall provide and pay for, out
of the funds(s) collected by the Association pursuant to Article V above, the following:
(a) Care and preservation of the Common Properties and the
furnishing and upkeep of any desired personal property for use in the Common
Properties. Expenditures for the repair or installation of capital improvements,
not included in the annual maintenance budget, may be paid from the reserve fund
as specifically provided in Section 6.5 herein.
(b) Care and maintenance of the streets, landscaping, screening walls
and entry features which may be constructed by Declarant on the Common
Properties or on private property. Maintenance includes all repair, rebuilding or
cleaning deemed necessary by the Broad of Directors.
(c) Should the Board so elect, maintenance of exterior grounds, drives,
parkways, streets and access areas, including care of trees, shrubs and grass, the
exact scope of which shall be further specified by the Board from time to time. In
particular, the Board shall be empowered to contract with persons or entities who
shall be responsible for the maintenance of landscaping, trees, shrubs, grass and
like improvements which are located on the Common Properties and/or the Lots,
except for landscaping and other like improvements which are located within rear
yards or side yards enclosed by solid fence, which shall be maintained by the
individual Lot Owner. Maintenance services contracted for by the Board in
accordance with this paragraph shall be paid for out of Association funds.
(d) The services of a person or firm to manage and/or provide
consultation to the Association or any separate portion thereof, to the extent
deemed advisable by the Board, 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.
(e) Legal and accounting services.
(f) A policy or policies of insurance ensuring the Association, its
officers and directors against any liability to the public or to the Owners (and/or
their invitees or tenants) incident to the operation of the Association, including,
without limitation, officers' and directors' liability insurance.
(g) Workers' compensation in insurance to the extent necessary to
comply with any applicable laws.
(h) Such fidelity bonds as may be required by the Bylaws or as the
Board may determine to be advisable.
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(i) Any other materials, supplies, insurance or property owned by the
Association, furniture, labor, services, maintenance, repairs, alterations, taxes or
assessments which the Board is required to obtain or pay for pursuant to the terms
of this Declaration or by law or which in its opinion shall be necessary or proper
for the operation or protection of the Association or for he enforcement of this
Declaration.
(j) To execute all declarations of ownership for tax assessment
purposes and to pay all taxes with regard to the Common Properties
(k) To enter into agreements or contracts with insurance companies,
taxing authorities and the holders of mortgage liens on one or more Lots with
respect to: (i) taxes on the Common Properties and (ii) insurance coverage of the
Common Properties, as they relate to the assessment, collection and disbursement
process envisioned in this Declaration.
(1) To borrow funds to pay costs of operation, secured by assignment
or pledge of rights against delinquent Owners, if the Board sees fit.
(m) To enter into contracts, maintain one or more bank accounts, and
generally, to have all the powers necessary or incidental to the operation and
management of the Association and the Common Properties, expressly including
the power to enter into management and maintenance contracts.
(n) If, as and when the Board, in its sole discretion, deems necessary it
may take action to protect or defend the Common Properties from loss or damage
by suit or otherwise, to sue or defend in any court of law on behalf of the
Association and to provide adequate reserves for repairs and replacements.
(o) To make reasonable rules and regulations for the operation and use
of the Common Properties and to amend them from time to time, provided that
any rule or regulation may be amended or replaced by an instrument in writing
signed by a majority of the Members, or, with respect to a rule applicable to less
than all the Properties, by a majority of the Members in the portions affected.
(p) Subsequent to incorporation, to make available to each Owner,
within one hundred twenty (120) days after the end of each year, an unaudited
annual report.
(q) Pursuant to Article VII herein, 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 assets the
Members in proportionate amounts to cover the deficiency.
(r) If, as and when the Board, in its sole discretion, deems necessary,
it may take action to enforce the provisions of this Declaration, the provisions of
any Supplemental Declaration, any Annexation Declaration, the provisions of any
additional restrictive covenants placed upon all or any part of the Properties, and
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any rules made hereunder, and to enjoin and/or seek damages from any Owner for
violation of such provisions or rules.
(s) To collect on behalf of and for the account of any Subassociation
(but not to levy) any assessment made by a Subassocation, provided neither the
Board nor the Association shall have any duty or obligation to do so.
6.02 Board Powers. From and after the date on which the title to the Common
Properties has been conveyed to the Association, the Board shall have the exclusive right to
contract for all goods, services and insurance, and the exclusive right and obligation to perform
the functions of the Board, except as otherwise provided herein.
6.03 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.
6.04 Liability Limitations. No Member, Officer of the Association or member of the
Board of Directors shall be personally liable for debts contracted for, or otherwise incurred by
the Association, or for a tort of another Member, whether such other Member was acting on
behalf of the Association or otherwise. Neither Declarant, the Association, its directors, officers,
agents, or employees shall be liable for any incidental or consequential damages for failure to
inspect any premises, improvements or potion thereof or for failure to repair or maintain the
same.
The Common Properties may be subject to storm water overflow, natural bank erosion
and other natural or man-made events or occurrences to extents which cannot be defined or
controlled. Under no circumstances shall Declarant ever be held liable for any damages or
injuries of any kind or character or nature whatsoever resulting from: (i) the occurrence of any
natural phenomena; (ii) the failure or defect of any structure or structures situated on or within
the Common Properties; and (iii) any act, conduct, omission or behavior of any individual, group
of individuals, entity or enterprise occurring on, within or related to the Common Properties.
6.05 Reserve Funds. The Board may establish reserve funds, for such purposes as
may be determined by the Board, which may be maintained and accounted for separately from
other funds maintained for annual operating expenses and may establish separate, irrevocable
trust accounts in order to better demonstrate that the amounts deposited therein are capital
contributions and are not net income to the Association. Expenditures from any such fund will
be made at the direction of the Board. The reserve fund provided for herein shall be used for the
general purposes of promoting the recreation, health, safety, welfare, common benefit, and
enjoyment of the Owners and occupants of the subdivision, and maintaining the subdivision and
improvements therein, all as may be more specifically authorized from time to time by the Board
of Directors. Capital expenditures from this fund may include by way of example, but not be
limited to landscaping , irrigation systems, entrance signs, street and street light repair, drainage
improvements and improvements to bodies of water or other repair of major damage to the
Common Properties no covered by insurance.
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ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
7.01 Right to Purchase Insurance. The Association shall have the right and option to
purchase, carry and maintain in force insurance covering any or all portions of the Common
Properties, the improvements thereon and appurtenant thereto, for the interest of the Association
and of all Members thereof, in such amounts and with such endorsements and coverage as shall
be considered good sound insurance coverage for properties similar in construction, location and
use to the subject property. Such insurance may include, but need not be limited to:
(a) Insurance against loss or damage by fire and hazards covered by a
standard extended coverage endorsement in an amount which shall be equal to the
maximum insurable replacement value, excluding foundation and excavation
costs as determined by the insurance carrier;
(b) Public liability and property damage insurance on a broad form
basis.
(c) Fidelity bond for all directors, officers and employees of the
Association having control over the receipt or the disbursement of funds in such
penal sums as shall be determined by the Association in accordance with its
Bylaws;
(d) Officers and directors liability insurance.
7.02 Insurance Proceeds. Proceeds of insurance shall be disbursed by the insurance
carrier to the Association or contractors designated by the Association as the Board of Directors
may direct. The Association shall use the net insurance proceeds to repair and replace any
damage or destruction of property, real or personal, covered by such insurance. Any balance
from the proceeds of insurance paid to the Association, as required in this Article, remaining
from the proceeds of insurance paid to the Association, as required in this Article, remaining
after satisfactory completion of repair and replacement, shall be retained by the Association as
part of a general reserve fund for repair and replacement of the Common Properties.
7.03 Insufficient Proceeds. If the insurance proceeds are insufficient to repair or
replace any loss or damage, the Association may levy a special assessment as provided for in
Article V of this Declaration to cover the deficiency. If the insurance proceeds are insufficient to
repair or replace any loss of damage for which an Owner is bound hereunder, such Owner shall
as such Owner's undivided responsibility, pay any excess costs of repair or replacement.
7.04 Mortgage Protection. There may be attached to all policies of insurance against
loss or damage by fire and other hazards, a mortgagee's or lender's loss payable clause:
provided, however, that amounts payable under such clause to the mortgage may be paid to the
Association to hold for the payment of costs of repair or replacement, subject to the provisions of
Section 7.02 hereof. The Association shall be responsible to hold said monies or to collect
additional monies if the proceeds are insufficient to pay for the cost of all repairs or replacements
and shall ensure that all mechanics', materialmen's and similar liens which may result from said
repairs or replacements are satisfied.
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7.05 Destruction of Improvements on Individual Lots. In the event of destruction
(total or partial) to the improvements on any individual Lot due to fire or any other cause each
Owner covenants and agrees to clear and remove any and all debris resulting from such damage
within two (2) months after the date that the damage occurs and to complete all necessary repairs
or reconstruction of the damaged improvements within one (1) year after the date that the
damage occurs.
ARTICLE VIII
USE OF COMMON PROPERTIES
The Common Properties may be occupied and used as follows:
8.01 Restricted Actions by Owners. No Owner shall permit anything to be
done on or in the Common Properties which would violate any applicable public law or zoning
ordinance or which will result in the cancellation of or increase of any insurance carried by the
Association. No waste shall be committed in or on the Common Properties.
8.02 Damage to the Common Properties. Each Owner shall be liable to the
Association for any damage to the Common Properties caused by the negligence or willfull
misconduct of the Owner or such Owner's family, guests, pets tenants or invitees.
8.03 Rules of the Board. All owners and occupants shall abide by any rules
and regulations adopted by the Board. The Board shall have the power to enforce compliance
with said rules and regulations by all appropriate legal and equitable remedies, and an Owner
determined by judicial action to have violated said rules and regulations shall be liable to the
Association for all damages and costs, including reasonable attorney's fees, incurred by the
Association in connection therewith.
ARTICLE IX
USE OF PROPERTIES AND LOTS; PROTECTIVE COVENANTS
The Properties and each Lot situated thereon shall be constructed, developed,
reconstructed, repaired, occupied and used as follows;
9.01 Residential Purposes. Each Lot (including land and improvements) shall be
used and occupied for single family residential purposes only. No Owner or other occupant shall
use or occupy such Owner's Lot, or permit the same or any part thereof to be used or occupied,
for any purpose other than as a private single family detached residence for the Owner or such
Owner's tenant and their families and domestic servants employed on the premises. As used
herein the term "single family residential purposes" shall be deemed to prohibit specifically, but
without limitation, the use of any Lot for a duplex apartment, garage apartment, or other
apartment use.
9.02 Minimum Lot Area. Each Lot shall contain at least the minimum number of
square feet required by the Lakeside Estates Planned Development. No Lot shall be replatted or
resubdivided; provided, however, that Declarant shall have and reserves the right, at any time, or
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from time to time, upon the joinder and consent of the appropriate county and/or municipal
authorities, and with the joinder and consent of the directly affected Owners, to file a replat of
any Plat to effect a resubdivision or reconfiguration of any Lots then owned by Declarant.
Owners shall not unreasonably withhold or delay their joinder in or consent to the replat or
amendments to any Plat. The privilege to replat Lots owned by the Declarant reserved in this
Section 9.02 shall be exercisable only by Declarant.
9.03 Minimum Floor Space. Each single story dwelling constructed on any Lot shall
contain at least the minimum number of square feet required by the Lakeside Estates Planned
Development.
9.04 Combining Lots. Any person owning two or more adjoining Lots may
consolidate such Lots into single building location for the purpose of constructing one (1)
residential structure thereon (the plans and specifications therefor being approved as set forth in
this Declaration) and such other improvements as are permitted herein; provided, however, any
such consolidation must comply with the rules, ordinances and regulations of any governmental
authority having jurisdiction over the Properties. In the event of any such consolidation, the
consolidated Lots shall be deemed to be a single Lot for purposes of applying the provisions of
this Declaration; provided, however, such Owner shall continue to pay assessments on such Lots
as if such Lots had not been consolidated and shall be entitled to one vote for each Lot
(determined prior to such consolidation) owned by such Owner. Any such consolidation shall
give consideration to easements as shown and provided for on any Plat and any required
abandonment or relocation of any such easement shall require the prior written approval of
Declarant as well as the prior written approval of any utility company having the right to the use
of such easements. Combining of portions of Lots into a single building site is prohibited.
9.05 Setback Requirements and Building Location. All front, side and rear setbacks
must be approved by the Architectural Control Committee, and must meet the requirements of
the City and the requirements of the applicable Plat. The location of the main residence on each
Lot and the facing of the main elevation with respect to the street shall be subject to the written
approval of the Architectural Control Committee. No building or structure of any type shall be
erected on any Lot nearer to the property lines indicated by the minimum building setback line
on the Plat.
9.06 Height. No building or structure on any Lot shall exceed, in height, the
maximum height allowed by the City, such height to be measured and determined in accordance
with the method approved by the City.
9.07 Driveways. Each Lot must be accessible to the adjoining street by a driveway
suitable for such purposes and approved in writing as to design, materials and location by the
Architectural Control Committee before the residential structure located on such Lot may be
occupied or used.
9.08 Access. No driveways or roadways may be constructed on any Lot to provide
access to any adjoining Lot except as expressly provided on a Plat, or otherwise approved in
writing by the Architectural Control Committee.
9.09 Drainage. Neither the Declarant nor its successors or assigns shall be liable for
any loss or, use of, or damage done to, any shrubbery, trees, flowers, improvements, fences,
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walks, sidewalks, driveways, or buildings of any type or the contents thereof on any Lot caused
by any water levels, rising waters, or drainage waters. After the residence to be constructed on a
Lot has been substantially completed, the Lot will be graded by the Owner or the builder
constructing the residence on the Lot and thereafter maintained by the Owner so that surface
water will flow to streets, drainage easements, or Common Properties, and in conformity with
the grading and drainage plans prepared by Declarant's engineer and approved by the City. In
no event shall an Owner permit the drainage pattern for his Lot to deviate from the grading and
drainage plans described above.
9.10 Utilities. Each residence situated on a Lot shall be connected to the water
and sewer lines as soon as practicable after same are available at the Lot line. No privy,
cesspool, or septic tank shall be placed or maintained upon or in any Lot. However, portable
toilets will be required during building construction. The installation and use of any propane,
butane, LP Gas or other gas tank, bottle or cylinder of any type (except portable gas grills), shall
require the prior written approval of the Architectural Control Committee, and, if so approved,
the Architectural Control Committee may require that such tank, bottle or cylinder be installed
underground.
9.11 Construction Requirements.
(a) The exterior surface of all residential dwellings shall be
constructed of glass, wood, clay brick, stone, stucco, or other materials approved
by the Architectural Control Committee. No previously used materials, other than
fired antique brick, shall be permitted on the exterior of the residential structures
located within the Properties, without the prior written approval of the
Architectural Control Committee. No concrete brick shall be allowed.
The use of various roofing materials shall be permitted, however, no
roofing material shall be used without first obtaining the Architectural, Control
Committee's written approval of same. The Architectural Control Committee
' will only approve roofing materials which are of the highest grade and quality and
which are consistent with the external design, color and appearance of other
improvements within the subdivision. The roof pitch of any structure must be
approved in writing by the Architectural Control Committee. Exterior paint and
stain colors shall be subject to the written approval of the Architectural Control
Committee.
(b) No above ground-level swimming pool shall be installed on any
Lot.
(c) All exterior construction of the primary residential structure,
garage, porches, and any other appurtenances or appendages of every kind and
character on any Lot and all interior construction (including, but not limited to, all
electrical outlets in place and functional, all plumbing fixtures installed and
operational, all cabinet work, all interior walls, ceilings, and doors shall be
completed and covered by paint, wallpaper, paneling, or the like, and all floors
covered by wood, carpet, tile or other similar floor covering) shall be completed
not later than one (1) year following the commencement of construction. For the
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purposes thereof, the term "commencement of construction" shall be deemed to
mean to the date on which the foundation
(d) No projections of any type shall be placed or permitted to remain
above the roof of any residential building with the exception of one or more
chimneys and one or more vent stacks, without the written permission of the
Architectural Control Committee.
9.12 Garages and Servants Quarters. Detached garages, servants quarters, and
storage rooms must be approved in writing by the Architectural Control Committee. No carport
shall be built, placed, constructed or reconstructed on any Lot. As used herein, the term
"carport" shall not be deemed to include a porte cochere. No garage shall ever be changed,
altered, reconstructed or otherwise converted for any purpose inconsistent with the garaging of
automobiles, unless a new garage is constructed to meet the requirements of this Section. Porte
cocheres must be approved in writing by the Architectural Control Committee.
9.13 Landscaping. Any and all plans for the landscaping of front yards and of side
yards not enclosed by solid fencing, including alterations, changes or additions thereto, shall be
subject to the written approval of the Architectural Control Committee and shall be in
accordance with the requirements of the City. Weather permitting, each Lot shall be fully
landscaped within one hundred twenty (120) days after the date the residence thereon is ninety-
five percent (95%) complete. Each Lot Owner shall be responsible for maintaining his own
landscaping in a healthy condition.
9.14 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot
nearer to any street than the minimum building setback line indicated on the applicable Plat,
unless otherwise permitted by the Architectural Control Committee and in accordance with the
requirements of the City. No chain link fence or other wire type fence shall be erected on any
Lot.
9.15 Trash Receptacle and Collection. Each Owner shall make or cause to be made
appropriate arrangements with the City for collection and removal of garbage and trash on a
regular basis. If the Owner fails to make such provisions, the Association may do so and assess
the costs thereof to the Owner. Each and every Owner shall observe and comply with any and
all regulations or requirements promulgated by the City and/or the Association, in connection
with the storage and removal of trash and garbage. All Lots shall at all times by kept in a
healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping
ground for garbage, trash,junk or other waste matter. All trash, garbage, or waste matter shall be
kept in adequate containers which shall be constructed of metal, plastic or masonry materials,
with tightly-fitting lids, or other containers approved by the City, and which shall be maintained
in a clean and sanitary condition. On Lots served by an alley, garbage containers shall be
constructed of a material that is harmonious with the exterior of the home. Not Lot shall be used
for open storage of any materials whatsoever, except that new building materials used in the
construction of improvements erected on any Lot may be placed upon such Lot at the time
construction is commenced and may be maintained thereon for a reasonable time, so long as the
construction progresses without unreasonable delay, until completion of the improvements, after
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which the materials shall either be removed from the Lot or stored in a suitable enclosure on the
Lot. No garbage, trash debris, or other waste matter of any kind shall be burned on any Lot.
9.16 Exterior Lighting. No exterior light, including landscape lighting, shall be
installed or maintained on any Lot without the prior written approval of the Architectural Control
Committee. Further, and notwithstanding such prior written approval, upon being given notice
by the Architectural Control Committee that any exterior light is objectionable, the Owner of the
Lot on which same is located will immediately remove said light or shield the same in such a
way that it is no longer objectionable.
9.17 Window Coolers. No window or wall type air-conditioners or water coolers
shall be permitted to be used, erected, placed or maintained on or in any residential building on
any part of the Properties.
9.18 Antennas Restrictions and Satellite Dishes. No radio or television aerial wires
or antennas shall be maintained on the outside of any building nor shall any free standing
antennas of any style be permitted. All radio or television aerial wires or antennas must be built
within the main structure and must not be visible from outside of such structure. The location of
all satellite dishes shall be subject to the prior written approval of the Architectural Control
Committee. No satellite dish shall be visible from public streets or Common Properties.
9.19 Temporary Structures and Vehicles. No temporary structure of any kind shall
be erected or placed upon any Lot. No trailer, mobile, modular or prefabricated home, tent,
shack, barn or any other structure or building, other than the residence to be built thereon, shall
be placed on any Lot, either temporarily or permanently, and no residence, house, garage or
other structure appurtenant thereto shall be moved upon and Lot from another location, except
for a sale, pre-sale or construction trailer; provided, however, that Declarant reserves the
exclusive right to erect, place and maintain, and to permit builders to erect, place and maintain
such facilities in and upon the Property as in its sole discretion may be necessary or convenient
during the period of and in connection with the sale of Lots, construction and selling of
residences and constructing other improvements on the Properties. Such facilities may include,
but not necessarily be limited to, a temporary office building, storage area, signs, portable toilet
facilities and sales office. Declarant and builders shall also have the temporary right to use a
residence situated on a Lot as a temporary office or model home during the period of and in
connection and sales operations on the Properties, but I no event shall a builder have such right
for a period in excess of one (1) year after the date of substantial completion of his last residence
on the Properties. Any truck, bus, boat, boat trailer, trailer, mobile home, campmobile, camper
or any vehicle other than conventional automobile shall, if brought within the Properties, be
stored, placed or parked within the garage of the appropriate Owner or concealed from view
from adjoining Lots, Common Properties, or public streets, unless approved in writing by the
Architectural Control Committee.
9.20 Parking. On-street parking is restricted to approved deliveries, pick-up or short-
time guests and invitees and shall be subject to such reasonable rules and regulations as shall be
adopted by the Board of Directors. Parking in driveways is permitted.
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9.21 Signs. No signs or flags shall be displayed to the public view on any Lot without
the prior written approval of the Architectural Control Committee, with the following
exceptions: (i) Declarant and other developers and/or builders with Declarant's approval may
erect and maintain a sign or signs or a flag or flags for the construction, development, operation,
promotion, marketing and sale of the Lots and/or the homes constructed or to be constructed on
the Lots; (ii) the patriotic display of flags not exceeding 4' x 6' in size shall be permitted on
customary holidays; (iii) signs of customary dimensions (3' x 4' maximum) advertising said
property or portions thereof for sale. Notwithstanding anything herein contained to the contrary,
any and all signs, if allowed, shall comply with all sign standards of the Town, as such standards
may be applicable to the Properties.
9.22 Removal of Dirt. The digging of dirt or the removal of any dirt from any portion
of the Properties is prohibited, except as necessary in conjunction with landscaping or
construction of improvements thereon. Minimum finished floor elevations established on any
Plat shall be maintained.
9.23 Drilling and Mining Operations. No oil drilling, water drilling or development
operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in
the Properties, nor shall oil wells, water wells, tanks, tunnels, mineral excavations or shafts be
permitted upon or in the Properties. No derrick or other structure designed for use in boring for
oil, natural gas or water shall be erected, maintained or permitted upon the Property.
9.24 Offensive Activities. No noxious or offensive activity shall be conducted on the
Properties nor shall anything be done thereon which is or may become an annoyance or nuisance
to the other Owners. No animals, livestock or poultry of any kind shall be raised, bred or kept on
the Properties, except that dogs, cats or other household pets (not to exceed three (3) adult
animals) may be kept, provided that they are not kept, bred or maintained for commercial
purposes.
9.25 Swimming and Fishing. No wading, swimming or fishing shall be allowed in
any body of water, waterway or drainage way situated within the Common Properties.
9.26 Duty of Maintenance.
(a) Owners and occupants (including lessees) of any portion of the
Properties shall, jointly and severally, have the duty and responsibility, at their
sole cost and expense, to keep that portion of the Properties so owned or
occupied, including buildings, improvements, grounds or drainage easements or
other rights-of-way incident thereto, and vacant land, in a well-maintained, sale,
clean and attractive condition at all times. Such maintenance includes, but is not
limited to, the following:
(i) Prompt removal of all litter, trash, refuse and waste;
(ii) Lawn mowing on a regular basis;
(iii) Tree and shrub pruning;
(iv) Watering landscaped area;
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(v) Keeping exterior lighting and maintenance facilities
in working order;
(vi) Keeping lawn and garden areas alive, free of weeds,
and attractive;
(vii) Keeping parking areas, driveways curbs and roads
in good repair;
(viii) Complying with all government health and police
requirements;
(ix) Repair of exterior damages to improvements;
(x) Cleaning of landscaped areas lying between street
curbs and Lot lines, unless such streets or landscaped areas are
expressly designated to be Common Properties maintained by
applicable governmental authorities or the Association; and
(xi) Repainting of improvements.
(b) If, in the opinion of the Association, any such Owner or occupant
has failed in any of the foregoing duties or responsibilities, then the Association
may give such person written notice of such failure and such person must within
ten (10) days after receiving such notice, perform the repairs and maintenance or
make arrangements with the Association for making the repairs and maintenance
required. Should any such person fail to fulfill this duty and responsibility within
such period, then the Association, through its authorized agent or agents, shall
have the right and power to enter onto the premises and perform such repair and
maintenance without any liability for damages for wrongful entry, trespass or
otherwise to any person.
(c) Notwithstanding the provisions of Section 9.26(b) above, if, at any
time, an Owner shall fail to control weeds, grass and/or other unsightly growth,
the Association shall have the authority and right to go onto the Lot of such
Owner for the purpose of mowing and cleaning said Lot and shall have the
authority and right to assess and collect from the Owner of said Lot a sum up to
three (3) time the cost of the Association for mowing or cleaning said Lot on each
respective occasion of such mowing or cleaning. If at any time, weeds or other
unsightly growth on the Lot exceed six inches (6") in height, the Association
shall have the right and authority to mow and clean the Lot, as aforesaid.
(d) The Owners and occupants (including lessees) of any Lot on which
work is performed pursuant to Sections 9.26(b) and L) above shall, jointly and
severally, be liable for the cost of such work (such costs constituting a special
individual assessment as specified in Section 5.05(b) hereof) and shall promptly
reimburse the Association for such cost. If such Owner or occupant shall fail to
reimburse the Association within thirty (30) days after receipt of a statement for
such work from the Association, then said indebtedness shall e a debt of all said
persons, jointly and severally, and shall constitute a lien against that portion of
the Properties on which said work was performed. Such lien shall have the same
attributes as the lien for assessments and special assessments set forth in this
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Declaration, and the Association shall have the identical powers and rights in all
respects, including but not limited to the right of foreclosure.
9.27 Maintenance of Common Properties. All landscaping and improvements
placed or erected on the Common Properties by Declarant or the Association shall be owned and
maintained by the Association.
9.28 Underground Utility Lines. No utility lines, including, but not limited to, wires
or other devices for the communication or transmission of telephone or electric current or power,
cable television or any other type of line or wire shall be erected, placed or maintained anywhere
in or upon any portion of the Properties unless the same shall be contained in conduit or cables
installed and maintained underground or concealed in, under or on buildings or other
improvements; provided, however, that no provision hereof shall be deemed to forbid the
erection of temporary power or telephone structures incident to the construction of buildings or
other improvements.
9.29 Construction Activities. Notwithstanding any provision herein to the contrary,
this Declaration shall not be construed so as to unreasonably interfere with or prevent normal
construction activities during the construction of improvements by an Owner (including
Declarant) upon any portion of the Properties or any Lot. Specifically, no such construction
activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of
noise, dust, presence of vehicles or construction machinery, or posting of signs or similar
activities; provided however, that such construction is to be pursued to completion with
reasonable diligence and conform to usual construction practices in the area. In the event of any
dispute regarding such matters, a temporary waiver of the applicable provision may be granted
by the Architectural Control Committee; provided, however, such waiver shall be only for the
reasonable period of such construction.
9.30 Retaining Walls. Retaining walls shall be restricted to structurally engineered
and designed walls made of materials approved, in writing, by the Architectural Control
Committee. The responsibility for constructing and maintaining a retaining wall shall be borne
by the Owner of the "high" side Lot, unless the Owner of the "low" side Lot elects to construct
a residence on his Lot prior to the construction of a residence on the "high" side Lot and a
retaining wall is required by the Architectural Control Committee or the Town in connection
with the construction of the residence on the "low" side Lot.
ARTICLE X
ARCHITECTURAL CONTROL COMMITTEE
10.01 Architectural Control Committee. As long as Declarant holds title to any of the
Lots, the Architectural Control Committee, hereinafter called the "Committee", shall be
composed of three (3) or more individuals selected and appointed by the Declarant. At such time
as Declarant is no longer a Class B Member as provided in Section 3.02 above, the Committee
shall be composed of such individuals selected by a vote of the Members taken in accordance
with Section 3.03 hereof. The Committee shall use its best efforts to promote and ensure a high
level of quality, harmony and conformity throughout the Properties. The Committee shall
29
function as the representative of the Owners for the purposes herein set forth as well as for all
other purposes consistent with the creation and preservation of a first-class residential
development.
A majority of the Committee may designate a representative to act for it. In the event of
the death or resignation of any member of the Committee, the remaining members shall have full
authority to designate and appoint a successor. No member of the Committee, nor their
designated representative, shall be entitled to any compensation for services performed
hereunder nor be liable for claims, causes of action or damages (except where occasioned by
gross negligence or arbitrary and capricious conduct) arising out of services performed, actions
take, or in actions in connection with any undertaking, responsibility, or activity hereunder or
request for action hereunder. At any time, the Declarant may delegate and assign to the Board of
Directors, all of the Declarant's power and right to change the membership of the Committee, to
withdraw or add powers and duties from or to the Committee, or to restore the powers and duties
of the Committee. Such action by the Declarant shall be effective upon recordation of written
instrument properly reflecting same in the Office of the County Clerk of Collin County, Texas.
10.02 Architectural Approval. No building, structure, fence, wall or improvement of
any kind or nature shall be erected, constructed, placed, altered, repaired, changed or modified
on any Lot until the plot plan showing the location of such building, structure, paving or
improvement, construction plans and specifications thereof and landscaping and grading plans
therefor have been submitted to and approved in writing by the Committee or a representative
designated by the Committee to act on behalf of the Committee as to: (i) location with respect to
Lot lines; topography; finished grades elevation; effect of location and use on neighboring Lots
and improvements situated thereon; and any drainage arrangement, (ii) conformity and harmony
of external design, color, texture, type and appearance of exterior surfaces and landscaping with
existing structures and existing landscaping, (iii) quality of workmanship and materials;
adequacy of site dimensions; adequacy of structural design; roper facing of main elevation with
respect to nearby streets; and (iv) the other standards set forth within this Declaration (and any
amendments hereto) or as may be set forth in bulletins promulgated by the Committee. In
connection wit the submission of such plot plan, construction plans and specifications, and
landscaping and grading plans, the Committee may require that the submitting party pay a fee of
up to $250.00 per submission, which fee shall be payable to the Committee or, if the Committee
elects a representative designated by the Committee to review such plans and specification. The
Committee is authorized to request the submission of samples of proposed construction materials
or colors of proposed exterior surfaces.
Final plans and specifications shall be submitted in duplicate to the Committee for
approval or disapproval. At such time as the plans and specifications meet the approval of the
Committee, one complete set of plans and specifications will be retained by the Committee and
the other complete set of plans will be marked "Approved" and returned to the Owner. If found
not to be in compliance with these Covenants and Restrictions, one set of such plans and
specifications shall be returned marked "Disapproved", accompanied by a reasonable statement
of items found not to comply with these Covenants and Restrictions. Any modification or
change to the approved set of plans and specifications which materially affects items (i) through
(iv) of the preceding paragraph must again be submitted to the Committee for its inspection and
30
approval. The committee's approval or disapproval as required herein shall be in writing. If the
Committee or its designated representative fails to approve or disapprove such plans and
specifications within thirty (30) days after they have been submitted, then Committee approval
shall be presumed; provided, however, that nothing in the paragraph shall affect in any way the
method for seeking or granting variances, as described in Section 10.03 hereof, nor shall any
failure of the Committee to act on a variance request within any particular period of time
constitute the granting or approval of any such variance request.
The Committee is authorized and empowered to consider and review any and all aspects
of dwelling construction, construction of other improvements and location, quality and quantity
of landscaping on the Lots, and may disapprove aspects thereof which may, in the reasonable
opinion of the Committee, adversely affect the living enjoyment of one or more Owner(s) or the
general value of the Properties. As an example, and not by way of limitation, the Committee
may impose limits upon the location of window areas of one residential dwelling. Also, the
Committee is permitted to consider technological advances in design and materials and such
comparable or alternative techniques, methods or materials may or may not be permitted, in
accordance with the reasonable opinion of the Committee.
THE COMMITTTEE MAY, FROM TIME TO TIME, PUBLISH AND PROMULGATE
ARCHITECTURAL STANDARDS BULLETINS AND/OR DESIGN GUIDELINES
COVERING ALL OF THE PROPERTIES OR COVERING ALL OR A PORTION OF THE
PROPERTY MADE THE SUBJECT OF ONE OR MORE SUPPLEMENTAL
DECLARATIONS WHICH SHALL BE FAIR, REASONABLE AND UNIFORMLY APPLIED
AND SHALL CARRY FORWARD THE SPIRIT AND INTENTION OF THIS
DECLARATION. SUCH BULLETIONS AND GUIDELINES SHALL SUPPLEMENT
THESE COVENANTS AND RESTRICTIONS AND THE COVENANTS AND
RESTRICTIONS SET FORTH IN ANY SUPPLEMENTAL DECLARATION AND AE
INCORPORATED HEREIN BY REFERENCE. THE COMMITTEE SHALL HAVE THE
AUTHORITY TO MAKE FINAL DECISIONS IN INTERPRETING THE GENERAL
INTENT, EFFECT AND PURPOSE OF THESE COVENANTS AND RESTRICTIONS AND
THE COVENANTS AND RESTRICTIONS SET FORTH IN ANY SUPPLEMENTAL
DECLARATION.
PRIOR TO ACQUIRING ANY LOT OR CONSTRUCTING ANY STRUCTURE ON
ANY LOT, EACH PROSPECTIVE PURCHASER, TRANSFEREE, MORTGAGEE, AND/OR
OWNER IS STRONGLY ENCOURAGED TO CONTACT THE ARCHITECTURAL
CONTROL COMMITTEE TO OBTAIN AND REVIEW THE MOST RECENT
ARCHITECTURAL STANDARDS BULLETIONS AND DESIGN GUIDELINES WHICH
WILL CONTROL THE DEVELOPMENT, CONSTRUCTION, LANDSCAPE AND USE OF
THE LOT AND THE STRUCTURES TO BE CONSTRUCTED THEREON.
THE ARCHITECTURAL STANDARDS BULLETINS AND DESIGN GUIDELINES
MAY CONTAIN STANDARDS, REQUIREMENTS, OR LIMITATION IN ADDITION TO
THOSE EXPRESSLY SET FORTH OR REFERRED TO IN THIS DECLARATION AND
ANY SUPPLEMENAL DECLARATION AND MORE STRINGENT STANDARDS,
REQUIREMENTS, OR LIMITATIONS THAN THOSE SPECIFIC STANDARDS,
31
REQUIREMENTS OR LIMITATIONS SET FORTH OR REFERRED TO IN THIS
DECLARATION OR ANY SUPPLEMENTAL DECLARATION.
10.03 Variances. Upon submission of a written request for same, the Committee may,
from time to time, in its sole discretion, permit Owners to construct, erect repair, or install
improvements which are in variance from the architectural standards, the Covenants and
Restrictions, the covenants and restrictions set forth in any Supplemental Declaration, or the
previously published architectural bulletins which are provided in this Declaration or which may
be promulgated in the future. In any case, such variances shall be in basic conformity with and
shall blend effectively with the general architectural style and design of the community. No
member of the Committee shall be liable to any Owner or other person claiming by, through, or
on behalf of any Owner, for any claims, causes of action, or damages arising out of the granting
or denial of, or other action or failure to act upon, any variance requested by an Owner or any
person acting for or on behalf of any Owner. Each request for a variance submitted hereunder
shall be reviewed separately and apart from other such requests and the grant of a variance to any
Owner shall not constitute a waiver of the Committee's right to strictly enforce the Covenants
and Restrictions, the covenants and restrictions set forth in any Supplemental Declaration,
architectural standards or published architectural bulletins provided hereunder against any other
Owner. Each such written request must identify and set forth in detail the specific restriction or
standard from which a variance is sought ad describe in complete detail the exact nature of the
variance sought. Any grant of a variance by the Committee must be in writing and must identify
in narrative detail both the standards from which a variance is being sought ad the specific
variance being granted.
10.04 Nonconforming and Unapproved Improvements. The Association may require
any Owner to restore such Owner's improvements to the condition existing prior to the
construction thereof (including, without limitation, the demolition and removal of any
unapproved improvements) if such improvements were commenced or constructed in violation
of this Declaration. In addition, the Association may, but has no obligation to do so, cause such
restoration, demolition and removal and levy the amount of the cost thereof as a special
individual assessment against the Lot upon which such improvements were commenced or
constructed.
10.05 No. Liability. Neither Declarant, the Association, the Committee, the Board, nor
the officers, directors, members, employees and agents of any of them, shall be liable in damages
to anyone submitting plans and specifications to any of them for approval, or to any Owner by
reasons of mistake in judgment, negligence, or nonfeasance arising out of or in connection with
the approval or disapproval or failure to approve or disapprove any such plans or specifications.
Every person who submits plans or specifications and every Owner agrees that he will not bring
any action or suit against Declarant, the Association, the Committee, the Board, or the officers,
directors, members, employees or agents of any of them, to recover any such damages and
hereby releases and quitclaims all claims, demands and causes of action arising out of or in
connection with any judgment, negligence or nonfeasance and hereby waives the provisions of
any law which provides that a general release does not extend to claims, demands and causes of
action arising out of or in connection with any judgment, negligence or nonfeasance and hereby
waives the provisions of any law which provides that a general release does not extend to claims,
32
demands and causes of action not known at the time the release is given. Plans and
specifications are not approved for engineering or structural design or adequacy of materials, and
by approving such plans and specifications neither the Committee, the members of the
Committee, the Declarant nor the Association assumes liability or responsibility therefor, nor for
any defect in any structure constructed from such plans and specifications.
ARTICLE XI
EASEMENTS
11.01 Ingress and Egress by the Association. The Association shall, at all times, have
full rights of ingress and egress over and upon each Lot for the maintenance and repair of each
Lot and the Common Properties in accordance with the provisions hereof, and for the carrying
out by the Association of its functions, duties and obligations hereunder; provided, that any such
entry by the Association upon any Lot shall be made with as little inconvenience to the Owner as
practical, and any damage caused by the Association's entry, other than damages caused by the
Owner, shall be repaired by the Association at the expense of the Association.
11.02 General. The rights and duties of the Owners with respect to sanitary sewer,
water, electricity, natural gas, telephone and cable television lines and drainage facilities shall be
governed by the following:
(a) Wherever (i) sanitary sewer or water service connections, (ii)
natural gas, electricity, telephone or cable television lines, or (iii) drainage
facilities are installed within the Properties, which connections, lines or facilities
or any portion thereof lie in or upon Lots owned by any party other than the
Owner of a Lot served by said connections, lines or facilities, such Owners of
Lots served shall have the right and are hereby granted an easement to the full
extent necessary therefore, to enter upon the Lots within or upon which said
connections, lines or facilities or any portion thereof lie to repair, replace and
generally maintain said connections, lines or facilities as and when the same may
be necessary.
(b) Wherever (i) sanitary sewer or water service connections, (ii)
natural gas, electricity, telephone or cable television lines, or (iii) drainage
facilities are installed within the Properties, which connections, lines or facilities
serve more than one Lot, the Owner of each Lot served by said connections, lines
or facilities shall be entitled to the full use and enjoyment of such portions of said
connections, lines or facilities which service such Owner's Lot.
11.03 Reservation of Easements. Easements over the Lots and Common Properties for
the installation and maintenance of electric, telephone, cable television, water, gas and sanitary
sewer lines and drainage facilities are hereby reserved by the Association, together with the right
to grant and transfer same.
11.04 Surface Areas of Utility Easements. Easements for installation and
maintenance of utilities are reserved as shown and provided for the Plat. Underground electric,
33
storm sewer, sanitary sewer, water, natural gas and telephone service shall be available to all
Lots in the subdivision. Easements for the underground service may be crossed by driveways,
walkways, patios, brick walls and fences, provided the Declarant or builder makes prior
arrangements with the utility companies furnishing electric, storm sewer, sanitary sewer, water,
natural gas and telephone service and provides and installs any necessary conduit of approved
type and size under such driveways, walkways, patios, brick walls or fences prior to construction
thereof Such easements for the underground service shall be kept clear of all other
improvements, and neither the grantee nor any utility company using the easements shall be
liable for any damage done by either of them or their assigns, their agents, employees or
servants, to shrubbery, trees, flowers or other improvements (other than for damages caused in
crossing driveways, walkways, patios, brick walls or fences, providing conduit has been installed
as outlined above) of the Owner located on the Lot covered by said easements. In addition, the
utility easements shall not be used as alleyways.
11.05 Emergency and services Vehicles. An easement is hereby granted to all police,
fire protection, ambulance and other emergency vehicles and other service vehicles to enter upon
the Common Properties, in the performance of their duties; and further, an easement is hereby
granted to the Association, its officers, directors, agents, employees and management personnel
to enter the Common Properties to render any service.
11.06 Universal Easement. The owner of each Lot (including Declarant so long as
Declarant is the Owner of any Lot) is hereby granted an easement not to exceed one (1) foot in
width over all adjoining Lots and Common Properties for the purpose of accommodating any
encroachment due to engineering errors, errors in original construction, settlement or shifting of
the building, or any other cause. There shall be easements for the maintenance of said
encroachment be created in favor of an Owner or Owners if said encroachment occurred due to
willful misconduct of said Owner or Owners. Each of the easements hereinabove referred to
shall be deemed to be established upon the recordation of this Declaration sand shall be
appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot.
11.07 Easement for Maintenance and Repair of Bodies of Water. Declarant does
hereby perpetually dedicate, establish, create and set aside a non-exclusive ten (10) foot wide
easement over, across and upon the Properties, such easement to extend ten (10) feet in width
along and around the entire length of any body of water and drainage way situated on the
Common Properties. Such easements are reserved for the exclusive benefit of Declarant, the
Association and their respective successors and assigns, for the maintenance of the bodies of
water, drainage ways, or the edges of such bodies of water and/or drainage ways situated within
the Common Properties.
11.08 Wall and Landscape Easement. An easement of varying width may be
established on a Plat for the maintenance and repair of the perimeter screening wall and the
associated landscape and irrigation. Owners shall not alter, paint or otherwise use such walls
even though such walls and easements may be located on or adjacent to such Owner's Lot. It is
the responsibility of each Owner to maintain that portion of the landscaping within this easement
which is enclosed by the wall on their respective Lot, however, the Association retains the right
to enter upon the Properties and perform such maintenance as necessary.
34
11.09 Drainage Easement. Easements over the Lots and the Common Properties for
the drainage and flow of surface water, as shown on the grading and drainage plans for the
subdivision, are hereby reserved and retained for the benefit of the Association and/or its
successors and assigns. In addition, each Owner covenants o provide easements for drainage and
water flow as contours of land and the arrangements of improvements, approved by the
Architectural Control Committee, thereon required. Each Owner shall be responsible for
maintaining his Lot so that there is no interference with the drainage patterns established by the
grading and drainage plans, and, in the event any Owner shall interfere with the drainage patterns
established by the grading and drainage plans, the Association shall have the right to enter such
Lot to re-establish the proper drainage patterns.
ARTICLE XII
GENERAL PROVISIONS
12.01 Duration. The Covenants and Restrictions of this Declaration shall run with and
bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by
the Association and/or any Owner, their respective legal representatives, heirs, successors and
assigns, for a term of thirty-five (35) years from the date that this Declaration is recorded in the
Office of the County Clerk of Collin County, Texas, after which time these Covenants and
Restrictions shall be automatically extended for successive periods of ten (10) years unless an
instrument signed by the Members entitled to cast seventy percent (70%) of the votes of the
Association, in the aggregate, regardless of class, has been recorded in the Office of the County
Clerk of Collin County, Texas, agreeing to abolish or terminate these Covenants and
Restrictions; provided, however, that no such agreements to abolish shall be effective unless
made and recorded one (1) year in advance of the effective date of such abolishment.
12.02 Amendments. Notwithstanding the terms and provisions of Section 12.01
hereof, this Declaration may be amended, modified and/or changed as follows:
(a) during the time Declarant is a Class B Member as provided in
Section 3.02 above, the Declarant may amend or change this Declaration, acting
along, so long as Declarant holds a majority of the votes in the Association, or
with the consent of at least fifty-one percent (51%) of the outstanding votes of all
Members of the Association, regardless of class;
(b) in all other situations, this Declaration may be amended or changed
upon the express written consent of at least seventy percent (70%) of the
outstanding votes of all Members of the Association, regardless of class, or at
least seventy percent (70%) of a quorum of the outstanding votes of all Members
of the Association, regardless of class.
Any and all amendments to this Declaration shall be recorded in the Office of the County
Clerk of Collin County, Texas. Notwithstanding the prior provisions of this Section
12.02, the Declarant may execute and record amendments to this Declaration without
35
such consent or approval if the amendment is for the purpose of correcting technical or
typographical errors or for clarification only.
12.03 Enforcement. Enforcement of these Covenants and Restrictions shall be by any
proceeding at law or in equity against any person or persons violating or attempting to violate
time, or to recover damages, or to enforce any lien created by these Covenants and Restrictions;
and failure by the Association or any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do so thereafter.
12.04 Severability. Invalidation of any one of these Covenants and Restrictions by
judgment or court order shall in no wise affect any other provision of this Declaration or the
remainder of these Covenants and Restrictions which shall remain in full force and effect.
12.05 Headings. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Declaration.
12.06 Notices to Member/Owner. Any notice required to be given to any Member or
Owner under the provisions of this Declaration shall be deemed to have been properly delivered
when deposited in the United States mail, postage prepaid, addressed to the last known address
of the person who appears as a Member or Owner on the records of the Association at the time of
such mailing.
12.07 Notices to Mortgagees. If a holder of a mortgage on a Lot shall notify the
Association of its address and the identity of the Lot and Owner covered by and granting such
mortgage, then such holder(s) shall be entitled to receive, written notification from the
Association of any default by the respective Owner in the performance of such Owner's
obligations as established by this Declaration.
12.08 Disputes. Matters of dispute or disagreement between Owners with respect to
interpretation or application of the provisions of this Declaration or the Bylaws of the
Association shall be determined by the Board of Directors, whose determination shall be final
and binding upon all Owners.
12.09 Termination of and Responsibility of Declarant. If Declarant shall convey all
of its right, title and interest in and to the Properties and assign all its rights, benefits and
obligations as Declarant hereunder to any partnership, individual or individuals, corporation or
corporations, then and in such event Declarant shall be relieved of the performance of any further
duty or obligation hereunder, and such partnership, individual or individuals, corporation or
corporations, shall be obligated to perform all such duties and obligations of the Declarant.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed as
of the day of , 199 .
36
PARAMOUNT LAND DEVELOPMENT, INC.
By:
Nicholas R. Digiuseppe
STATE OF TEXAS )
COUNTY OF )
This instrument was acknowledged before me on , 199 , by
of
acting as , on behalf of said
Notary Public, State of Texas
My Commission Expires:
(Printed or Typed Name of Notary)
37
EXHIBIT "A"
38
EXHIBIT "B"
"Common Properties" shall mean and refer to any and all areas of land within the
Properties which are known, described or designated as common areas, lakes, drainage channels,
ponds, dams, perimeter walls/fences and columns, landscape easements, open spaces, paths and
trails, and the like including without limitation those shown on any recorded subdivision plat of
portions of the Properties as well as those not shown on a recorded subdivision plat but which
are intended for or devoted to the common use and enjoyment of the Members of the
Association, together with any and all improvements that are now or that may hereafter bed
constructed thereon, including the Facilities. The Declarant reserves the right to use portions of
the Common Properties for business matters directly and indirectly related to the development,
sale and ownership of the Properties. The concept of Common Properties will also include any
and al public right-of-way lands for which the City has required that the Declarant and/or the
Association expend private, non-reimbursable time and monies to care for and maintain.
Improvements shall include, by way of example, but not be limited to streets, alleys, street lights,
street signs, traffic control devices, park pavilion, lakes, lake edging, fountains, screen walls and
fences, masonry columns, sidewalks, trees, shrubs, groundcover, grass, irrigation swimming
pools, "cabana" building, amenity center, playground equipment, volleyball court, horseshoe pit
and benches.
39
��` Planning & Zoning Commission
#4 Action Item
Re: Recommendation for Approval of a Preliminary Plat
January 19, 1998
Issue
Consider a recommendation for approval of a Preliminary Plat submitted by D. R. Horton
for a 114.78 acre, 359 lot residential development designated as Twin Lakes Phase II
located north of the Twin Lakes Phase I subdivision east of S. Ballard Avenue.
Background
D. R. Horton-Texas Ltd., Arlington ,TX. has submitted a Preliminary Plat for the Twin Lakes
Phase II Subdivision prepared by Corwin Engineering. The Preliminary Plat is for 114.78
acres and will contain residential lots in three Zoning Districts. The original Zoning and
Platting of this Phase of Twin Lakes occurred in 1987 and 1988 respectfully. Lot totals per
Zoning District break down as follows: "SF-1"-68 lots, "SF-2"-104 lots and "SF-3"-187 lots.
The Zoning Districts are delineated on the Preliminary Plat.
Per the City of Wylie's Subdivision Regulations, an owner or developer must follow certain
procedures when subdividing for development of any lot, tract or parcel of land within the
Wylie City Limits (or within its jurisdiction). These procedures involve the approval by the
Planning and Zoning Commission (P&Z) and City Council of a Land Study, Preliminary Plat
and Final Plat respectively,
The purpose of the Land Study is to provide sufficient information to allow the City staff to
review a general plan for the development of a property and make recommendations. The
Land Study is a general plan which shows the location of the proposed development,
arrangement of streets, alleys and lots, existing municipal facilities (water, sewer) and other
important features. The provisions in the Subdivision Regulations that require a Land Study
allow for that step to be omitted if the development is a replat of a subdivision that has
already been approved.
A Preliminary Plat for Twin Lakes was approved in 1987, with a submittal of a Final Plat for
Phase II in 1988 which was not approved. The Preliminary Plat currently under
consideration is virtually identical to the Final Plat previously submitted, but not approved,
however it reflects current regulations from the City of Wylie Subdivision Regulations, Water
and Sewer Design Manual, and the Paving Standards. The lot totals per zoning districts
differ by only 1 more "SF-2" lot and 1 less "SF-3" lot. This Preliminary Plat also omits the
platting of the "R"-Retail lot that fronts S. Ballard.
The Preliminary Plat must conform to the Comprehensive Land Use Plan and development
ordinances of the City. The Community Development Department must determine that all
necessary information has been submitted and recommend approval before the Preliminary
Plat is considered for approval by the P&Z Commission. After a recommendation by P&Z
to City Council for approval it will then go before the City Council for their approval.
Approval of the Preliminary Plat by the P&Z and City Council constitutes authorization by
the City for the developer to submit application for approval of a Final Plat subject to
compliance with any conditions attached to the approval of the Preliminary Plat.
Financial Considerations
N/A
Other Considerations
Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of
the City of Wylie is vested with the authority to review, approve, conditionally approve and
disapprove applications for the platting or subdivision of land, including land studies,
conveyance plats, preliminary plats,final plats, amended plats, replats and vacation of plats.
The P&Z may grant variances from these regulations.
Staff Recommendation
Staff recommends approval of the Twin Lakes Phase 11 Preliminary Plat as submitted by D.
R. Horton-Texas Ltd.
Attachments
Preliminary Plat Application, Location Map, Area Zoning Map, Preliminary Plat
D, - 17 97 02: 55p Rebecba Rogers 972-442-9154 p. 2
Page 1 of 3 City of Wylie (1/95)
APPLICATION AND PRELIMINARY PLAT CHECKLIST
Date ( 2--/L /c7 7
Name of Proposed Development \ � � L-A-LSQq
Name of Property Owner/Developer � � L ,_
Address �k --� � o C� q��� -
—
Owner of Record x L.CA- 4
Address c V L\VIAct.A `Mk/ ��f( 2 (>< Phone 9'7).. .
Name of Land Planner &rezira EA5ineeeipt c
Surveyor/Engineer
Address tj3j 415,1 Fit' 'J33 P Ji? Tn Phone 'Q1Z- 110-035
Total Acreage f/i-(,p 5 Current Zoning
Number of Lots/Units 35 et
Signed
The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24"x 36", showing all
data on a scale not to exceed 1" = 100' with a graphic scale provided, Three sets of blueline prints shall
be.submiffed along with a copy of the boundary traverse calculations of the subdivision. 'Plats prepared
using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on
diskette to the City.
The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision
Regulations, The following checklist is intended only as a reminder and a guide for those requirements.
Provided or Not
Shown on Plat Applicable
1 , The boundary line (accurate in scale and orientation) of the tract
to be subdivided.
Dec 17 97 02: 56p Rebecca Rogers 972-442-8154 p. 3
Page 2 of 3
•
--- 2, The location, widths and names of all existing or platted streets or
other public ways within and adjacent to the tract, existing
permanent buildings, railroads, rights-of-way and other important
features, such as abstract lines, political subdivision or corporation
lines and school district boundaries.
3, Existing sewer mains, water mains, drainage culverts or other
underground structures and utilities within the tract and immediately
adjacent thereto with pipe sizes, grades and locations indicated,
4. Contours with intervals of two feet(2') or less, referred to mean sea(
level datum, by actual field survey.
5. The names of adjacent subdivisions and/or the names of record
owners of adjoining parcels of unsubdivided land.
6. The proposed name of the subdivision.
7. North arrow, scale, date and approximate acreage of the
proposed subdivision,
8. The names, addresses and telephone numbers of the subdivider
and of the engineer, surveyor or planner, responsible for preparation
of the plat.
9. The tract designation, zoning classification and other description
according to the real estate records of the City or proper county
authority; also, designation of the proposed uses of land within the
subdivision, including the number of lots of each classification,
10. All parcels of land intended to be dedicated for public use or
reserved in the deeds for the use of all property owners in the
proposed subdivision, together with the purpose of conditions or
limitation of such reservations,
1 1 , The layout, names and widths of proposed streets, alleys and
easements, such as drainage easements, access easements,
electrical easements and maintenance easements,
12. Provision for the connection of streets with other streets adjacent
to the subdivision and for extension of streets to undeveloped
property. Also a Circulation Plan indicating how continuous ingress
and egress from existing residences and for City Staff will be
maintained,
L Cli 1 ! J f UG. UOr+ RCU CtiUC RUS C f"5 J !G-T TG-O 1.7T N T
Page 3 of 3
13, The proposed base flood floodplain limits and elevations on a
one-foot contour interval for all open channels,
14. A plan of the proposed water and sanitary sewer mains and
proposed drainage facilities, including drainage areas, location of
lines, inlets, culverts, bridges, provisions for discharging onto and
crossing adjacent properties and calculated runoff and points of
concentration.
15. A location map of the proposed subdivision on a scale of 1" _
1000' showing existing and proposed streets and thoroughfares
covering an area at least one mile outside the proposed subdivision.
16. Typical cross-sections of proposed streets showing the width and
cross slope of pavement, type of pavement and location, width and
cross slope of sidewalks. Title Block shall indicate the date of the
current submittal and the revision number.
17.A notice shall be placed on the face of each Preliminary Plat by
the subdivider (see wording).
18. An approval block/certificate shall be placed on the face of
each Preliminary Plat by the subdivider (see wording),
Taken by:
File No.:
Date: ,
Fee:
Receipt No.: 1-/L/56-z/0742
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