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Home My WebLink AboutRES 1992-004 ,�� ,�. RESOLUTION NO. 92-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS APPROVING THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR HIDDEN LAKE ESTATES, PHASE ONE AND HIDDEN LAKE ESTATES, PHASE TWO SUBDIVISION PURSUANT TO SECTION 51F OF APPENDIX "D" OF THE CODE OF ORDINANCES (THE COMPREHENSIVE ZONING ORDINANCE) ; PROVIDING AN EFFECTIVE DATE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City Council of the City of Grapevine, Texas, after receiving notification of approval by the Planning & Zoning Commission, hereby approves the Declaration of Covenant and Restrictions for Hidden Lake Estates, Phase One and Hidden Lake Estates, Phase Two subdivision pursuant to Section 51F of Appendix "D" of the Code of Ordinances (the Comprehensive Zoning Ordinance) , a copy of said covenants and restrictions being attached hereto and labeled Exhibit "A" . �,... Section 2 . That this Resolution shall take effect immediately from and upon its adoption and it is so resolved. ��, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of January , 1992 . APPROVED: � J William D. Tate Mayor ATTEST: Lin a Huff ,,,�„ City Secretary � ,,.... APPROVED AS TO FORM: /�_, — ___� _-�j� e___� �� , John F. Boyle, Jr. City Attorney �: ,� � � � � EXHIBIT "A" to RES 92-04 Page 1 of 9 �� . �� 11 . ��'� �� , � �991 - . , ,;.i;-� � ;: �`'" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF HIDDEN LAKE ESTATES Tarrant County, Texas �_,�„ � EXHIBIT "A" to RES 92-04 • Page 2 of 9 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR �..� HIDDEN LAKE ESTATES ARTICLE I DEFINITIONS , The following words when used in this instrument shall have the following meanings: 1. 1 ASSOCIATION. "Association" shall mean and refer to HIDDEN LAKE ESTATES, its successors and assigns. • 1. 2 COMMON AREA. "Common Area" shall mean that portion of the Property owned by the Association for the common use and � enjoyment of the Members of the Association including, but not � limited to, all recreational facilities, community facilities, " private lakes, drainage easements, trees, landscaping and sprinkler systems situated thereon. 1. 3 PROJECT. "Project" means all of the land and ' improvements thereon located within HIDDEN LAKE ESTATES, PHASE ONE ; filed in Cabinet A, Slide 713, and HIDDEN LAKE ESTATES, PHASE TWO :; filed in Cabinet A, Slide 712, of the Plat Records of Tarrant g� County, Texas. 1 1. 4 LOT. "Lot" shall mean and refer to any of the lots or � plats lying within the Project and designated as lots on the plat thereof, which do not have thereon an existing Single Family Residence. 1.5 SINGLE FAMILY RESIDENCE. "Single Family Residence" shall mean and refer to any permanent, detached structure or - building used primarily as a residence, including the Lot on which � said structure or building is situated, now existing or to be constructed. 1. 6 UNIT. "Unit" shall mean and refer to each and every Lot and each and every Single Family Residence. 1.7 MEMBER. "Member" shall mean and refer to every person or entity who holds membership in the Association. 1.8 OWNER. "Owner" shall mean and refer to the record � owner, whether one or more persons or entities, of the fee simple �°°a title to any Unit situated in the Project. Notwithstanding any applicable theory of a mortgage or other security instrument, Owner shall not mean or refer to any mortgagee or trustee under a � mortgage or deed of trust or any person or entity having such interest merely as a security for the performance of an obligation, EXHIBIT "A" to RES 92-04 Page 3 of 9 unless and until such mortgagee, trustee or other person or entity ' "" has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. "�"� 1. 9 DEVELOPER. "Developer" shall mean and refer to LIFESCAPE DEVELOPMENT CORPORATION, its successors and assigns. 1. 10 MAP. "Map" means and includes the engineering survey of the land comprising the Project locating thereon all of the Lots, and any other drawing or diagrammatic plan depicting a part of or all of the improvements and land. l. 11 MORTGAGES. "Mortgage" shall include deeds of trust liens and vendor's liens. • ARTICLE II PROPERTY RIGHTS 2 . 1 OWNER' S EASEMENTS OF ENJOYMENT. Every Owner shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. the right of the Association to suspend a member's . � • voting rights and right to the use of recreational or other �� : facilities owned or operated by the Association for any period during which any assessment against his Lot remains unpaid; and for �'°`� a period not to exceed thirty (30) days for any infraction of its published rules and regulations; b. the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency or authority subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless (i) an instrument of agreement to such dedication or transfer, signed by two-thirds (2/3) of each class of Members entitled to vote is properly recorded in the Deed Records of Tarrant County, Texas, and (ii) written notice of proposed action under this provision is sent to every Owner and Lienholder not less than thirty (30) days, nor more than sixty (60) days in advance of said action; c. the right of the Association to limit the number of guests of inembers; d. the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving � the Common Area and facilities. �..;;, 2 . 2 DELEGATION OF USE. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property. The Owners hereby _ EXHIBIT "A" to RES 92-04 Page 4 of 9 covenant that any lease executed on a Lot shall be in writing and � A contain provisions binding any Lessee thereunder to the terms of the Restrictions, rules and regulations applicable to the property, and further providing that non-compliance with the terms of the lease shall be a default thereunder. 2 . 3 TITLE TO THE COMMON AREA. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Area to the Association, said Common Area being more particularly described on the attached Exhibit "B" , free and clear of all encumbrances and liens. The Common Area shall remain undivided and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Common Area. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 4 . 2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Property and in particular for the improvement and maintenance of • � � the Property, the Common Area and services and facilities relating ; to the use and enjoyment thereof. Assessments shall include, but �,... are not limited to, funds to cover actual �ssociation costs for all taxes, insurance, repair, replacement and maintenance of the Common Area herein authorized or as may from time to time be authorized by the Board of Directors; legal and accounting fees, costs incurred in any condemnation hearing, as provided in paragraph 10.8, any fees for management services; and the cost of other facilities and service activities including, but not limited to, mowing grass, grounds care, sprinkler system, landscaping and screening walls along Silvercrest Lane, maintenance of the private lake, maintenance of the private drainage easement and other charges required by this Declaration of Covenants, Conditions and Restrictions or that the Board of Directors of the Association shall determine to be necessary to meet the primary purpose of the Association, including the establishment and maintenance of a reserve for repair, maintenance, taxes and other charges as specified herein. ARTICLE VI MAINTENANCE ° 6. 1 ASSOCIATION RESPONSIBILITIES. In addition to maintenance �°� upon the Common Area, the Association shall provide maintenance upon the entrances to the Project, the screening wall along Silvercrest Lane, the landscaping and lawn areas at the entrances, the private lake, the private drainage easement and the parkway along Silvercrest Lane. Such maintenance shall include sprinkler EXHIBIT "A" to RES 92-04- Page 5 of 9 systems, lawn areas, landscaping and structures or equipment _ " " installed in the Common Areas, entrances and parkway. ARTICLE VII �:.� USE RESTRICTIONS 7 . 8 FENCES. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to the front or side property lines than specified in the setback requirements as determined in accordance with Paragraph 7 . 6 above. No fence, wall or hedge shall exceed eight (8) feet in height unless otherwise specifically required by the City of Grapevine or approved by the Architectural Control Committee. No fence, wall or hedge shall be erected, placed or altered on any Lot without the approval of the Architectural Control Committee. All clothes lines, wood piles, tool sheds or service facilities must be behind fences, walls or landscaping so as not to be visible from the street or from the private lake defined as Lot A, Block 2 in Phase Two. All materials used to build fences shall be subject to approval of the Architectural Control Committee. The design of any screen fencing required by FHA or VA must be and will be approved by the Architectural Control Committee. 7 . 16 LOT MAINTENANCE. The Owner of each Lot shall at all , � times keep all weeds and grass thereon cut in a sanitary, ; healthful and attractive manner. In no event shall an Owner use . any Lot for storage of materials and equipment except for normal � "' residential requirements or incident to construction of improvements thereon as herein permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon. If, at any time, an Owner of any Lot shall fail to control weeds, grass and/or other unsightly growth, or permit accumulation of garbage, trash or rubbish, the Developer or Architectural Control Committee shall have the authority and right to go onto said Lot � for the purpose of mowing or cleaning said Lot and shall have the authority and right to assess and collect from the Owner of said lot a reasonable sum for mowing or cleaning said Lot on each respective occasion of such mowing or cleaning. Any such assessment, together with interest thereon at the highest lawful rate and costs of collection thereof, shall be a charge on the land and shall be a continuing lien upon each Lot against which each such assessment is made. Each such assessment, together with the interest thereon and cost of collection thereof, shall also be the continuing personal obligation of the person who was the Owner of such Lot at the time when the assessment occurred. Each and every owner of any Lot, by the acceptance of a deed or other conveyance of such Lot, shall thereby covenant and agree to pay �� such assessments. The lien securing any .such assessment shall be � = subordinate and inferior to the lien of any mortgage and any renewals or extensions thereof existing prior to the assessment date. �� 7 . 24 PRIVATE DRAINAGE EASEMENT. The private variable width . EXHIBIT "A" to RES 92-04 Page 6 of 9 drainage easement along the north and east line of Lots 34 thru 37 �� in Block 2 and the north line of Lot 10 in Block 3 of Hidden Lake Estates Phase One and along the south and west lines of Lots 29 thru 33 in Block 2 and the south line of Lot 11 in Block 3 of Hidden lake Estates Phase Two is for the maintenance of the creek within the easement which is the responsibility of the respective lot Owner and the Association. If, at any time, an Owner of any Lot shall fail to maintain the creek, the Association shall have the authority and right to go onto said Lot for the purpose of maintaining the creek and shall have the authority and right to assess and collect from the Owner of said Lot a reasonable sum for the maintenance work completed on each respective occasion of such maintenance. Any such assessment, together with interest thereon at the highest lawful rate and costs of collection thereof, shall be a charge on the Lot and shall be a continuing lien upon each Lot against which each such assessment is made. Each such assessment, together with the interest thereon and cost of collection thereof, shall also be the continuing personal obligation of the person who , was the Owner of such Lot at the time when the assessment occurred. Each and every owner of any of the above mentioned lots, by the acceptance of a deed or other conveyance of such lot, shall thereby covenant and agree to pay such assessments. The lien securing any such assessment shall be subordinate and inferior to the lien of any mortgage and any renewals or extensions thereof existing prior to the assessment date. ARTICLE X �: ,� GENERAL PROVISIONS 10. 4 COMMON AREA ALIENATION. Except as to the Owners Association' s right to grant easements for utilities and similar or related purposes, the Common Area and facilities may not be alienated, released, transferred or otherwise encumbered without the approval of all holders of first mortgage liens on each Lot. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereto set its hand and seal this day of , 1991. . ATTEST HLE DEVELOPMENT CORPORATION By: Donald P. Herzog,Vice President �""'° THE STATE OF TEXAS ) COUNTY OF TARRANT ) BEFORE ME, the undersigned authority, on this day personally � EXHIBIT "A" to RES 92-04 Page 7 of 9 appeared Donald P. Herzog, known to me to be the person whose name ` is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration �.,z� therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL of office this the day of , 1991. Notary Public in and for Dallas County, Texas �... „��:.�, . EXHIBIT "A" to RES 92-04 ' Page 8 of 9 �'`� EXHIBIT "A" �� HIDDEN LAKE ESTATES PHASE ONE, an addition to the City of Grapevine, Texas, out of the John L. Whitman Survey, Abstract No. 1593 , Tarrant County, Texas and filed in Cabinet , Shelf of the Tarrant County Plat Records. HIDDEN LAKE ESTATES PHASE TWO, an addition to the City of Grapevine, Texas, out of the John L. Whitman Survey, Abstract No. 1593, Tarrant County, Texas and filed in Cabinet , Shelf of the Tarrant County Plat Records. �, ,� '� �, .� �� EXHIBIT "A" to RES 92-04 Page 9 of 9 �"`��' EXHIBIT "B" �� Park Lot A in Block 2 of HIDDEN LAKE ESTATES PHASE TWO, an addition to the City of Grapevine, Texas out of the John L. Whitman Survey, Abstract No. 1593 , Tarrant County, Texas and filed in Cabinet , Slide of the Tarrant County Plat Records. ; �.,.� �_� �