HomeMy WebLinkAboutORD 1997-046 � °� ORDINANCE NO. 97-46
""'�"' AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z97-06 ON A TRACT
OF LAND OUT OF THE E. R. RICHARDSON SURVEY,
ABSTRACT NO. 1352 AND THE J. W. HAYNES SURVEY,
ABSTRACT NO. 788, DESCRIBED AS BEING A TRACT OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "R-20" SINGLE-FAMILY DISTRICT
REGULATIONS TO "R-12.5" SINGLE-FAMILY DISTRICT
REGULATIONS; CORRECTING THE OFFICIAL ZONING
' MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING
TO SEVERABILITY; DETERMINING THAT THE PUBLIC
� � INTERESTS, MORALS AND GENERAL WELFARE DEMAND
A ZONING CHANGE AND AMENDMENT THEREIN MADE;
�'"�" PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas by making applications for same with the Planning & Zoning
Commission of the City of Grapevine, Texas as required by State statutes and the zoning
ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and
prerequisites having been complied with, the case having come before the City Council of
the City of Grapevine, Texas after all legal notices, requirements, conditions and
� prerequisites having been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council did consider the following factors in making a determination as
� to whether these requested changes should be granted or denied; safety of the motoring
public and the pedestrians using the facilities in the area immediately surrounding the site;
��,�, safety from fire hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing elements and glare of the vehicular and
stationary lights and effect of such lights on established character of the neighborhood,
location, lighting and types of signs and relation of signs to traffic control and adjacent
� property, street size and adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate neighborhood, adequacy of
parking as determined by requirements of this ordinance for off-street parking facilities,
�"°� location of ingress and egress points for parking and off-street locating spaces, and
protection of public health by surFacing on all parking areas to control dust, effect on the
promotion of health and the general welfare, effect on light and air, the effect on the
transportation, water sewerage, schools, parks and other facilities; and
' WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council of the City of Grapevine, Texas did consider the following factors
in making a determination as to whether this requested change should be granted or
denied; effect on the congestion of the streets, the fire hazards, panics and other dangers
possibly present in the securing of safety from same, the effect on the promotion of health
and the general welfare, the effect on adequate light and air, the effect on the
overcrowding of the land, the effect on the concentration of population, the effect on the
transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, the City Council further considered among other things the character
of the district and its peculiar suitability for particular uses and with the view to conserve
the value of buildings, encourage the most appropriate use of land throughout this city; and
� WHEREAS, the City Council of the City of Grapevine, Texas does find that there is
a public necessity for the zoning change, that the public demands it, that the public interest
�`""� clearly requires the amendment, that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and does find that the change in
, zoning lessens the congestion in the streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides adequate light and air;
prevents the overcrowding of land; avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage, schools, parks and other public
requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas has determined that
there is a necessity and need for this change in zoning and has also found and determined
that there has been a change in the conditions of the property surrounding and in close
proximity to the property requested for a change since this property was originally
classified; and, therefore, feels that a change in zoning classification for the particular piece
of property is needed, is called for, and is in the best interest of the public at large, the
citizens of the City of Grapevine, Texas and helps promote the general health, safety, and
welfare of this community.
�4� NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
ORD. NO. 97-46 2
f�� °� Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z97-06 to rezone the following described
property to-wit: being a 16.219 acre tract of land out of the E. R. Richardson Survey,
Abstract No. 1352 and the J. W. Haynes Survey, Abstract No. 788, Tarrant County, Texas
(2820 Hall-Johnson Road), more fully and completely described in Exhibit "A", attached
hereto and made a part hereof, which was previously zoned "R-20" Single-Family District
Regulations is hereby changed to "R-12.5" Single-Family District Regulations, all in
accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Provided,
however, that the property described in Exhibit "A" shall be governed by the Deed
Restrictions in Exhibit "B", attached hereto and made a part hereof.
Section 2. The City Manager is hereby directed to correct the official zoning map
of the City of Grapevine, Texas to reflect the herein change in zoning.
Section 3. That in all other respects, the use of the tract or tracts of land herein
� above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City
of Grapevine, Texas.
� Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
�`' � health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Section 5. This ordinance shall be cumulative of all other ordinances of the City of
Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
�:.�
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
�,.,,� of the zoning of the balance of the tract or tracts of land described herein.
ORD. NO. 97-46 3
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed
�'°" committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
. and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the sth day of May , 1997.
APPROVED:
William D. Tate
i;= :� Mayor
ATTEST:
in a Huff
City Secretary
APPROVED AS TO FORM:
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�5�a�t���Low ry"
��' City Attorney �
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• ORD. NO. 97-46 4
EXHIBIT "A" TO
ORDINANCE NO. 97-46
z��� O �
�°" PROPERTY DESCRIPTION
� BEING all that certain tract, parcel, or lot of land located in the E.R. RICHARDSON
SURVEY, Abstract No. 1352, and the J.W. HAYNES SURVEY,Abstract No. 788,Tarrant
County, Texas, and more particularly described as follows;
BEGINNING at a point in the north line of Hall Johnson Road (a variable width R.O.W.)
same being the southwest corner of Yorkshire Meadows Addition as recorded in Volume
388-197, Page 49, P.R.T.C.T.;
THENCE S 89°21'S6" W, 17.74 feet with the north line of said Hall-Johnson Road to the
beginning of a tangent curve to the left, with a central angle of 02°23'29", a
radius of 4831.30 feet, a tangent length of 100.83 feet, and a long chord which
bears S 88°10'11" W, 201.63 feet;
THENCE an arc length of 201.64 feet along said tangent curve;
THENCE S 86°58'27" W, 211.93 feet to the beginning of a tangent curve to the right,
with a central angle of 02°04'39", a radius of 3902.49 feet, a tangent length of
70.76 feet, and a long chord which bears S 88°00'46" W, 141.49 feet;
�"°� THENCE an arc length of 141.50 feet along said tangent curve to a point same being the
southeast corner of Woodland Estates as recorded in Volume 388-7, Page 49,
�� Plat Records, Tarrant County, Texas (P.R.T.C.T.);
THENCE departing the north line of the aforesaid Hall-Johnson Road, North, 1226.24
feet with the east line of said Woodland Estates to a point in the south line
of Woodland Hills Addition as recorded in Volume 388-150, Page 95,
P.R.T.C.T.;
THENCE N 82°24'S8" E, 561.33 feet with the south line of said Woodland Hills to a
point;
THENCE S 00°42'45" E, 1277.69 feet along the west line of the aforesaid Yorkshire
Meadows to a point in the north line of the aforesaid Hall-Johnson Road for
the POIN'I' OF BEGINNING, containing 16.219 Acres (706,481 square feet)
of land, more or less.
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APR 1 81997
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EXHIBIT "B" TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC110NS ORDI NANCE NO. 97-46
r�t FOR HIGH POINT FARMS
;� ("DECLARATION")
� rl��� jEXAS
�:� :� � ��At�S CO�t1��
THE�TATE OF TEXAS } t'1 � 1� ,�
' } KNOW ALL MEN BY THESE PRESENTS: ��j�1� �f-t'
; COUNTY OF TARRANT } SUZ�Q�,�N�C E��`�N
WHEREAS,HIGH POINT FARMS JOINT VENTURE (the"Declarant"),are the owners of�ots 1 through 31_B�ocica,"I�i�ighpoint Farms,
; an addition to the City of Grapevine(the"City'),Texas,according to the plat thereof(the"PIaP')attach�d�ceto�$Exhibit"A".
WHEREAS,Declarant has subdivided the Addition into single-family lots as shown on the Plat. As used herein,"IoP'and"lots"shall refer
only to the numbered plots shown on the Plat and shall not refer to public areas,parks,esplanades,tracts owned or subsequenUy acquired by any
s,� pubiic body,or a�y piot or tract shown as a reserve whether designated as unrestricted or not.
� WHEREAS,Notice is hereby given that,by this Declaration,Declarant does�ot intend to contradict,amend,or alter any City Ordinances
or Regulatio�s. Any party intending to acqulre any fnterest in the Addition should perform independent invesUgation of City Ordinances and
Regulations to make their own determina6on that the party's intended use is compatible with the relevant ordinances and regulations.
NOW,THEREFORE,Declarant declares that the Addition shatl be held,transferred,sold,conveyed and occupied subject to the covenants,
restricNons,conditions, easements,changes and liens hereinafter set forth which are for the purpose of establishing a general scheme for the
development of ail of the lots and houses to be constructed in the Addition and for the purpose of enhancing and protecti�g the value,attractiveness
and desfrability of said lots and houses and which shall run with the land and be binding on ali parties having or acquiring any right,title or interest
in the Addfion or any part thereof(or in Additional Phases,rf any,as defined in Paragraph 4.15 of this Declaration),and which shall inure to the benefd
of each owner thereof.
ARTICLE I
CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS
Section 1.1 Residential Use. All lots shatl be used for single-family residential purposes only. No buiiding shall be erected,altered,
placed or permitted to remain on any lot other than one(1)detached single-family residence per lot and a private garage as provided below,except
as permitted by the Committee(defined in Section 2.1 of this Declaration). The residence may not exceed the lesser of two and one-haif(2-1/2)
stories in height or the maximum height ailowed by the Ciry.
Section 1.2 Sinqle-Farniiv Use. Each residence may be occupied by only one family consisting of persons related by blood,adoption
"�'""'"` or marriage;or�o more than two(2)unrelated persons living and cooking together as a single housekeeping unit,together with any household
servants. •
�� SecUon 1.3 Garaqes and Drivewavs. Each residence shall have a detached or attached garege suitable for parking not less than
two(2)or more than three(3)standard size automobiles,which garage conforms in design and materials with the main structure. Unless approved
otherwise by the Committee,no garage shall have a vehicular access door or opening which faces any public right-of-way. All garage doors shall
be ciosed at all times except as may be necessary for the entry and exit of vehicles and persons and du!ing periods when cleaning of or storing in
the garage is occurring. All driveways must be accessed from the front of the lot unless otherwise approved by the Committee. All drlveways and
dr'rveway aprons or parking aprons must be kept free of any storage of vehfcles or other material and must be kept clean of any dirt,debris,or stain.
For purposes of this Section,"storage"shall mean the parking or placing of any object or material for more than one day.
Sec6on 1.4 Restrictions on Re-Subdivision. None of the lots shall be subdivided into smaner lols. None of the lots sha�be piatted
into larger lots without the prior written consent of the Committee.
Section 1.5 Drivewavs. All driveways sha�be surfaced with concrete or a similar substance approved by the Committee. No
circular driveways shali be permitted without the prior written approval oi the Committee.
Section 1.6 Uses Soecificallv Prohibited.
(a) No temporary structure,shop,trailer or mobile home of any kind or any improvement of a temporary charecter(except
children's playhouses,dog houses,greenhouses and gazebos,which may be placed on a lot only in piaces which are not visible from any public
right-of-way,and except for buiidings(or storage of lawn maintenance equipment which shall be built of materials and be o(architectural character
compatible with the design of the original building),shall be permitted on any lot except that,with the prior written consent of the Committee,one
temporary shucture shatl be permitted for the purpose of allowing the Declarant to coordinate and promote activities directly or indirecUy associated
with lot and house sales in the Addition. No building material of any kind or character shall be placed or stored upon the Addition until the owner
thereof is ready to begin construction of improvements,and then such material shail be piaced within the property lines of the lot upon which the
improvements are to be erected. �
1
(b) No boat,boat trailer,marine craft,hover craft,aircraft,recreational vehicie,pickup truck camper,travel trailer,motor
home, camper body or similar vehicle or equipment may be parked for more than two consecutive days within the Addition,unless completely
concealed from public view and adjacent lots. No such vehicle or equipment shall be used as a residence or oKce temporarily or permanenGy. This
restriction shall not apply to a�y vehicle,machinery or equipment temporarily parked and in use for the construction,maintenance or repair of a
residence in the immediate vicinity.
(c) No trucks with tonnage in excess of three quarters of a ton nor any vehide with painted advertisement shali be
�,� permitted to park overnight within the Addition without ihe prior written approval of the Comniittee.
(d) No vehicle of any size which transports inflammatory or explosive cargo is permitted in the AddiGon at any time.
(e) No vehicles or similar equipment shail be parked or stored in an area visible from any pubiic right-of-way except
passenger automobiles,passenger vans,and pickup trucks that are in opera6ng condition and have current license plates and inspec6on stickers
and are in daity use as motor vehicles on the streets and highways of the State of Texas.
(� No structure of a temporary charecter,such as a trailer,basement,tent,shack,barn or other outbuilding shall be used
on any property at any time as a dweliing house.
Paoe 1 of 7 o�,�ro�
(g) No o�drilling,oil development operation,oil refining,quarrying or mining operations o;any kind shall be permitted in
; the Addi6on,nor shall oil welis,tanks,tunnels,minerel excavaGons or shafts be permitted upon or in any part of the Addition. No der�ick or other
� structure designc�d for use in quarrying or boring for oil,natural gas or other minerals shall be erected,maintained or permitted within the Addifion.
�
'=r (h) No animals,livestock or poultry of any kind shall be raised,bred or kept on any property in the Addition except that
� dogs,ca�or other househoid pets may be kept for the purpose of providing companfonship for the private family. ANmals are not to be raised,bred
,,� or kept for commercial purposes or for tood. It is the purpose o(these provisfons to restrict the use of the properly so that no person shall quarter
on the premksea cows,horses,bees,hogs,sheep,goats,guinea fowls,ducks,chickens,turkeys,skunks or any other animals that may inte�fere with
- the quielude,heakh or safety of the community. It is the pet owner's responsibility to keep the lot clean and iree of pet debris. AII animais must be
�s� properly tagged for identification.
�wrr ',`"` (i) No lot or other area in the Addition shau be used as a dumping ground for any waste. Trash,garbage or other waste
�y shaA not be kept except in covered sanftary containers in appropriate locatlons which may be specified by the Committee and,unless otherwise
��' e�r�pertnitted by the Committee,such containers shall be situated and enclosed or screened so as to not be visible from any pubiic right-of-way,
* private drive or adJacent lot All equipment for the storage or other disposal of waste material shall be kept clean and sanitary condition. Materials
!� incident to construction of improvements may be stored on lots during construction so long as construction progresses without undue delay.
t-�
- (j) No individual sewage disposal system shall be permitted in the Addi6on.
(k) No garage,garage house or other out-building may be occupied by any person prior to the erection of a residence.
(I) No air-condfioning apparatus shall be instailed on the ground in frd�nt of a residence. No air-conditioning apparatus
sha�be attached to any iront or side wan or window of a residence,or in any second Aoor window or�Hall. All utility meters,equipment,air-conditioning
compressors,air-conditioning and heating units,sprinkler control devices and similar items must be visually screened from the streets and from
adjolning lots fn a manner acceptabie to the Committee and must be located in areas acceptable to the Committee.
(m) ft's the intent of the Committee to insure that antennas,discs,dishes or other similar equipment do not detract irom
the overatl appearance of the neighborhood as they are considered unsightly. No antennas,discs,dishes,or other equipment for sending or receiving
sound or video messages shali be permitted in this Addition except antennas for AM or FM radio reception and UHF and VHF television reception.
/U antennas shap be located inside the atfic of the main residential structure. No use shall be made of any lot or structure thereon for any other lype
of radio or television or similar broadcasting system.
(n) No noxlous or oHensive activiry shail be undertaken within the Addition,which is or may become an annoyance or
nufsance to the nelghborhood. Nothing herein shall prohibit an owner's use of a residence for quiet,inoffensive activities so long as such acdv�ies
do not materialFy interfere with adjoining homeowner's use and enjoyment o(their residences and yards. No exterior spot lighting shall be permitted
which creates a nuisance for adjacent homeowners.
(o) No fence,wall,hedge or shrub planting which obstructs sight lines at elevations belween three(3)and six(6)feet
above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the public right-of-way lines and a
6ne connecting them at points ten(10)teet from the intersection of the public right-of-way lines,or,in the case of a rounded property corner,from
the intersection of the public right-ot-way lines are extended. The same sight-line limitations shall apply on any lot within ten(10)feet from the
Intersecdon of a public right-of-way line with the edge of a private driveway or alley pavement. No tree shall be permitted to remain within such
�.,,,, distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruc6on of such sight lines.
(p) Except for children's playhouses,dog houses,greenhouses and gazebos,no bulding previously constructed elsewhere
= shaq be moved onto any lot,except for buildings for storage of lawn maintenance equlpment which shall be buift o(materials and be of architecturel
��„ character compatib�e with the design of the original building,R being the intention that only new construction be placed and erected thereon.
Chadren's play equipment such as sandboxes,temporary swimming pool having a depth of less than 24 inches,playhouses and tents shall not require
approval of the Committee provided that such equipment is not more than six(6)feet h(gh,in good repair(including painting),and every reasonable
efrort has been made to screen or shield such equipment trom view. Equipment higher than six(6)feet shall require approval as to des(gn,location,
color,mffieriai,and use. Any addition,exterior alteration,or change to an exisdng building shall be compatible with the design character of the o�iginai
building any new detached structure shall be compatible with the parent structure,as approved by the Committee.
(q) No sUuctures,planting or materials shall be placed or permitted to remain on any lot which may damage or InteAere
`'l wdh the insiallabon and maintenance of utilities or which may change the directlon of flow within drainage channels or which may obstruct or retard
the flow of water through drainage channels or easements. �
(r) The grading,slope and drainage plan of ap IoLs,as shown on the gra�ing Plan defined in Sectlon 3.6 of this Declaration
may not be altered without the prior written approval of the Committee,the City and other appropriate agencies having authority to grant such
approval.
(s) Unless approved otherwise by the Committee,no sign of any kind shall be d'rsplayed to the public view on any lot except
one(1)protessional sign of not more than five(5)square feet advertising the property for sale. Declarant and its agents shall have the right to remove
any sign,billboard or other advertising structure that does not comply with the foregoing requirements,and in so doing shall not be subject to any
6abilily fortrespass or any other Gability in connection with such removal. All signs are subject to the approval of the Committee and may be required
by the Committee to be removed if,in the solejudgment of the Committee,same are found to be Inconsistent with the high standards of the Addition.
(t) The drying ot clothes in a location visible from any public right-of-way is prohibited. The owners and occupants of any
lots at the fntersections of streets or adjacent to parks,playgrounds or other facilities where the rear yard is visibie to public view shall construct a
suitaWe endosure to screen from pubGc view the equipment which is incident to normal residences,such as clothes drying equipment,yard equipment
and storage piles.
(u) Exceptwithin fireplaces in the main residential dwelling and except for outdoor cooking,no outdoor burning of anything
shall be permitted anywhere within the Addition.
(v) No carport shail be permitted on a lot. No porte cochere shall be permitted on a lot without the consent of the
Committee.
!�"""' (w) No abandoned,derelid or inoperative vehicles may be stored or located on any lot unless approved by the Committee
and stored in the garege at all times with the garage door closed.
(x) No retainfng walis visible from any pubfic right-o(way or easement shall be permitted without the prior written approval
of the Committee. Under no dreumstances ahaA cross-tie retafning walls visible irom any public right-ot-way be permitted. Materials used In retaining
walis must be complementary to materials used in construcdon of the home on the lot.
Section 1.7 Minimum Floor Area. The total air-conditioned living area of the main residen6al structure,as measured to the
outside of exteriorwalls but exclusNe of open porches,garages,patios and detached accessory buildings,shall be not less than 2,800 square feet
The first story of two-story houses must contain at least 1,500 aquare feet,unless approved othenvise by the Committee. As regards Lot 11,Block 1,
that lot shall be deed resMcted to a building pad no deeper than s'nAy(60)(eet from the front building line.
Page 2 of 7 9/16/97
Section 1.8 Structure Materials:Exterior Items 8 Surfaces. The total exterior vertical wall area oi each:Vucture exciusive of doors and
windows,sha�be at least eighty percent(80%)masonry,brick,brick veneer,stone,or stone veneer. The exterior of chimneys shali be of masonry
_ material. Installation of all types of exterior items and surfaces such as address numbers or external ornamentation,lighis,mail chutes,mail boxes,
° roofing materlais and exterior paint or stain,shall be subject to the prior approval of the Committee as to design,materiais and location. Roofing
=; material may be wood shingle,ceramic or concrete tile,siate,stone or other material approved by the Committee except that no asphalt or fiberglass
,�' matedal shaq be permitted. However,if at any Ume the City of Grapevine enacts a City ordinance,or other requirement which prohibits wood roofs,
,,,�,�� .�• the Committee may then permit asphalt,fiberglass or other composition shingles which have a weight of at least 300 pounds per square.
�.
;� Section 1.9 Side Line and Front Line Setback Restrictions. Except as othenvise approved by the Committee,no structure shall be
"; located on any lot nearer to the front lot line or�earer to the side street IinA than the minimum setback lines shown on the Plat. For the purposes
�� of these covenants,eaves and steps and open porches shall not be considered as a part of the structure,provided,however,lhat this shall not be
'^� construed to permit any portion o(a structure on a lot to encroach upon another lot or to violate any Ciry ordinance.
�,.
�: Section 1.10 Waiver oi Setback Requirements. With the priorwritten approval of the Committee,any structure may be located further
. back or closer to any property line of a lot than provided above,where,in the opinion of the Committee,the proposed location of the structure will
; not substantiaRy detract from the appearance and value o(the lot and v�ll not substantially detract from the appearance of the adjoining lots. Declarant
=; may require that any structure be located further back or closer to any property line than provided above or on the Plat.
_- Section 1.11 Fences and Walls.
(a) Any fence or waq shaq(i)comply with City requirements,including those regarding height,location and materials;(ii)
not extend nearer to the front street than five(5)feet behind the front o(the house without the prior written approval of the Committee;(iii)be
consWded of masonry,brick or other material approved by the Committee;(iv)be constructed so'that the sides containing the structural supports
are not visible from any public right-of-way;(v)be eight(B)feet in height as measured from exisUng ground level;(vi)for any fence on the side of a
corner lot adjacent to a street,be at least five(5)feet inside the property line of such lot,unless otherwise approved by the Committee. However,
on reverse frontage lots,special,more restricUve fencing requirements may be imposed on the lot side contlguous to the street;(vii)if stained,be
stained wilh a stain approved by the Committee. Fences may be privately installed but must be constructed to professiona�levels of quality. No fence
of any kind shall be constructed on any lot backing or siding Hall Johnson Road.
(b) As to corner IoLs,any fence visible from a public right-of-way shall be a uniform tence of a design,material and color
and In the speci6c location to be determined by the Committee tor each lot,which shail generally include but not be limited to the following: (i)such
tence shap be located between the structure and the property line;(ii)that the fence not extend nearer to the front street than approxfmately one-hatt
the depth of the house;(iii)there shail be a formal foundatlon planting along the outside of the fence;(iv)the Committee may require such tence be
constructed oi cedar or similar material,have trim boards,with masonry columns constructed of a materfal approved by the Committee;(v)the
Committee may require that such tence extend no closer to any public right-o(-way than the structure setback line which is more or less parallel to
that right-of-way.
(c) The Committee may require that all fences and retaining wails be constructed of a uniform color and/or material.
Section 1.12 Sidewalks. All sidewalks shatl,at a minimum,conform to City specificaGons and regulations. The Committee may
impose more restrictive standards than those required by the City.
Section 1.13 Mailboxes. Mailboxes shau be constructed of brick or other masonry to match the house material,unless approved
'"""' othervvise by the Committee,in accordance with City specifications,shall be constructed of a material and design approved by the Committee,and
shaA be of standar�ized construction and appearance,similar to other mailboxes in the Addition. No mailboxes may be constructed without the prior
written consent of Committee.
Section 1.14 Commencement of Construction. Each residence consVuded on each lot,and any other improvements thereto,shall
be commenced promptly after conveyance of the lot by Declarant and compieted with due diligence but only after approval by the Committee of the
plans and specifications prepared in connection with such construction.
Section 1.15 Utilities. Except as to special street lightlng or other aerial faciliGes which may be required by the City or which may be
required by the franchfse of any utility company or which may be installed by Declarant pursuant to its development plan,no aerial utility facilities of
any type (except meters, risers, service pedestals,transformers and other surface installations necessary to maintain or operate appropriate
- underground faciG6es)shall be erected or insta�ed in the Addition whether upon individual lots,easements,streets or rights-of-way of any type,either
` by the utilfty company or any other person or en6ty,including, but not limited to water,sewe�, gas, electricity and telephone)shall be buried
underground unless otherwise required by a public u6lity or unless said aerial utilities are installec�at the direction of Declarant.
ARTICLE II
ARCHITEGTURAL GONTROL
Section 2.1 Aoqointment. Declarant may designate and appoint an Architectural Control Committee (herein calied the
"Committee")composed of two(2)or more individuals,each generally famitiar with residential and community development design matters and
knowiedgeable about DedaranCs concern tor a high�evei of taste and design standards within the Addition. The Committee shall use its reasonable
best efforts to promote and ensure a high level of taste, design,quality, harmony and conformity throughout the Addition consistent with this
Declaration.
Section 2.2 Successors. In the event of the death,resignation or removal by Declarant of any member of the Committee,
Declarant may appoint a successor member. Declarant shall have fuN authority to designate and appoint a succeasor. No member of the Committee
shaq be entitled to compensation for,or be liade for ciaims,cause o(actlon or damages arising out of services performed or not peAormed pursuant
to this Declaratlon.
Section 2.3 Authori . No structure,fence,wall,landscaping or other fmprovement shall be commenced,erected,placed,
maintained or altered on any lot;nor shall any exterior painfing of,exterior addition to,or alteration of such items be made until all construction and
landscaping plans and specfications and a plot plan have been submitted to and approved in wri6ng by a majority of the members of the Committee
""""°�" as to: �
(a) qualily of workmanship and materiais,adequacy of site dimensions,adequacy of structural design,proper facing of
main elevation with respect to nearby streets;
(b) conformity and harmony of the external design,color,type and appearance of exterior surfaces and landscaping in
�� reladon to the various parts of the proposed improvements and in rela6on to improvements on other lots in the Addition;and
(c) the other standards set(orth within this Declaration(and any amendments hereto)or matters in which the Committee
has been vested with the authority to render a finat interpretation and decision.
The Committee is authorized and empowered,but not obligated,to consider,review and approve any and ail aspects of
construction and landscaping which may,in the reasonable opinion of the Committee,adversely or positiveiy affect the Nving enjoyment of one or
Page 3 of 7 9/16/97
more lot owners or the general value o(lots in the Addition, and pursuant thereto, the Committee may require the submission of plans and
specifications therefore prior to the commencement,or during the process of such construction or landscaping. In considering the harmony of
-- external design between existing structures and the proposed building being erected,placed or altered,the Committee shall consider the general
_' appearance of the proposed building as that can be determined(rom front,rear and side elevations on submitted plans.
::}
° Section 2.4 Procedure for Approval. Final construction plans and specifications and landscaping plans and specifications shall
� ;` be submitted in duplicate to the Committee. The plans and specificaGons shall show the nature,kind,shape,height,materials and locaUon of all
—° sUuctures,landscaping and improvements. The documenls shalt specify any requested variance from the setback lines,garage location or any other
� requirer�ent set forth in this Declaration. The Committee is authorized to require the submission of samples of proposed construction materials. At
= such time as the plans and specificatlons meet the approval of the Committee,one complete set o(plans and specifica6ons will be retained by the
= Committee and the other complete set o(plans shall be marked"Approved",signed by a member or representative of the Committee and returned
Wwr -i to the lot owner or his designated representative. If disapproved by the Committee,one set of such plans shall be returned marked"Disapproved"
" and shap be accompanied by a reasonable statement of the reasons tor disapproval,which statement shall be signed by a member or representative
— of the Committee. My modificabon of the approved set of plans and specifications must again be submitted to the Committee for its approval. The
Committee's approval or disapproval,as required herein shall be in writing. In no event shall any verbal approval of any plans be effective. if the
� Committee fads to approve or disapprove such plans and specifications within thirty(30)days after the date of submission of ail required plans and
_ specifications and any samples of proposed construcGon materials required by the Commiriee,written approval of matters submitted shail not be
required and compliance with this Article shall be deemed to have been completed. In case of a dispute about whether the Committee responded
with such time period,the person submitting the plans,specifications and samples shail have the burden of establishing that the Committee actually
received the plans. The Committee's receipt of the plans,specfications and samples may be established by a signed,certified mail receipt or by other
receipt signed by a representative of the Committee. I(only one set of plans and specifications are submitted to the Committee,the Committee may
retain that set in its files. �
Section 2.5 Standards. The Committee shall have sole discreGon with respect to taste,design and ail standards specified
herein. One objective of the Committee is to prevent unusual,radical,curious,odd,bizarre,peculiar,or irregular structures,materials or colors from
being built in the Addition. The Committee shaB also have the authority to require a 10/12 or greater roof slope,to specify that fireplaces and chimney
flues be covered with brick or masonry,to require the use of specific types of divided light windows,to prohibit or restrict the use of solar or heating
panels and genera�y to require that any plans meet or exceed the standards of the existing improvements on neighboring lots. The Committee may
from time to 6me publish and promulgate architectural standards("Standards")which shall be fair,reasonable and uniformly applied and shall carry
fonvard the spirit and inten6on of this Declaration. Committee reviews and approvais may be based upon these architectural Standards.
Section 2.6 Termination. The Committee shalt cease to exist on the earlier of: (a)the date on which all the members of the
Committee file a document declaring the termination of the Committee,or(b)ten(10)years after the date hereof. Upon termfnation of the Committee,
the record owners ot a majority oi the lots in the Addition(the"Record Owners")shatl have the authority to record an instrument which provides(or
a committee elected by the Record Owners to continue the functions of the terminated Committee,which instrument shall establish election or
appointment procedures whereby the Record Owners committee members shall be chosen and a notice procedure whereby all Record Owners In
the Addition will receive notice of such procedures("Record Owners'Committee"). If there is no Committee or Record Owners'Committee,no
approval by the Committee or Record Owners'Committee shall be required under this Deciaration but no variations from the standards set forth in
this Declaration shall be permitted.
Section 2.7 LiabiliN oi Committee. Neither the Committee nor the individual members of the Committee shall have any liability
for decisions made or not made by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any errors
in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the owner of the lot to which the improvements
�Y� relate,and the Committee shall have no obligation to check for errors in or omissions from any such plans,or to check for such pians'compliance
with the general provisions of this declaration,city codes,state statules or lhe common law,whether the same relate to lot lines,structure lines,
easements or any other issue. This Section will also apply to the members ot the Record Owners'Committee if such a committee comes into
�, existence pursuant to Section 2.6.
ARTICLE III
SPECIAL FENCING AND LANDSCAPING AND GRADING PLAN
"' .l Section 3.1 Fences.Gradina Plan.Walls and Sprinkler Svstems. For a period of ten(10)years after the recording of this document,
Dedarant and the Pssociadon,rf d has been formed according to this Declaration,shall have the right to erect,install,maintain,repair and/or repiace
fences,walis and/or sprinkler systems within those portions of any lot which are located outside the building,setback or sight lines,including all public
rights-of-way and easements located on or contiguous to any lo�as estabiished by the Plat,this document or any governmental entity(being referred
to herein as the"Restricted Area"). Any fence,wall or sprinkler system shall be the property of the owner of the lot on which such fence,wall or
sprinkler system is erected or instailed,subject to the easements and rights ot Declarant and the Association set forth below. No fence,wa�l or
sprinkler system shall be ereded or installed in the Restricted Area by the owner thereof without the prior written consent of Declarant,the Committee
and the Association.
Section 3.2 Landscaoina. No landscaping may be installed without the prior written approval by the Committee ot a landscape
plan showing the proposed landscaping design and materials. Declarant or the Associafion shall have the right to grade,plant and/or landscape and
maintain,repair,replace and/or change such grading,planting and landscaping on any portion o(the Restricted Area. In the event Declarant does
not landscape ihe ResVicted Area,the owner thereof may plant grass and,with the prior written consent of Declarant,may landscape and plant trees
and shrubs in the Restricted Area. Each lot on which a structure is constructed shail have landscaping;including but not limited to shrubs,flowers,
trees,ground cover and grass of a sufficient quality,quantity and design to be compatible with landscaping on adjoining lots a�d the neighborhood
setting intended for the Additon. Landscaping of a lo�which must include a sprinkler system for the front yard(and on corner lots,sprinkler systems
for side yards visiWe from any public right-of-way),shall be completed within thirty(30)days aker the date on which the house receives a ce�ificate
of occupancy/rom the City. Lot owner shall use reasonable efforts to preserve,keep and maintain the landscaping in a healthy and attractive
condNon. No cross-tle walis shafl be permitted in ihe front yard nor where visible from any public right-of-way. The Committee may require that each
lot have up to three(3)five-inch caliper trees planted in the front yard. Tree type may be selected by the Committee.
Section 3.3 Easement. The Oeclaran�the AssociaGon and the Committee each shali have and hereby reserve the right and
easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth in this Declaration.
� Section 3.4 Maintenance bY Individual Lot Owner. In the event the Declarant,the Associa6on or the Committee does not
maintain or repair any fences,walls,grading,planGng or landscaping erected,instalied or situated within the Restricted Area of any lot,then the owner
of such lot shall,at his expense,perform such maintenance and repair work as is necessary to maintain such fences,walls,grading,planting and
landscapinp in a pood and neat condition and appearance;provided,however,that the lot owner shall pive the Committee and the Association ten
� (10)business days wiilten notice betore doing any maintenance other than mowing,edging and tdmming. So long as the Restricted Area and any
fences,walls,gra�ing,plandng end landscaping thereon are being reasonable maintained and repaired by the Committee and the Association,the
owner of such lot shall not pe�torm any maintenance or repair work within such Restricted Area without the prior written consent o(the Committee
and the/Lssociation. In no event shatl the owner of any iot peAorm any maintenance or repair work on any sprinkler system within the Restricted Area
without the prior written consent of the Committee and the Association.
Paoe 4 of 7 9/16/97
Section 3.5 The Committee's DiscreGon. Nolwithstanding any provisions herein to the cotitrary,neither the Declarant,the
Association,nor the Committee shall ever be obligated to erect,instail,mafntain,repair or replace any fences,walls,sprinkler systems,grading,
; pianting or landscaping on any lots.
Section 3.6 Easement. The Declarant,the Pssociation and the Committee each shall have,and hereby reserve,the right and
easement to enter upon the Restricted Area for the purpose of exercising the discretionary rights set forth in this Declara6on.
��
i
'" Section 3.4 Maintenance bv Individual Lot Owner. In the event the Declaran�the Association or the Committee does not maintain or
' repair any fences,walis,grading,planting or landscaping erected,installed or situated within the Restricted Area of any lot,then the owner o(such
_; lot shall,at his expense,perform such maintenance and repair work as is necessary to maintain such fences,walis,grading,planting and landscaping
in a good and neat condAion and appearance;provided,however,that the lot owner shall give the Committee and the Association ten(10)business
� -sn days written notice before doing any maintenance other than mowing,edging and trimming. So long as the Restricted Area and any tences,walis,
: gra�ng,pianting and landscaping thereon are being reasonably maintained and repaired by the Committee and the Association,the owner of such
- lot shall not perfotm any maintenance or repair work�within such Restricted Area without the prior written consent of the Committee and the
Association. In no event shatl the owner of any Iot perform any maintenance or repair work on any sprinkler system within the Restricted Area without
`�� the prior written consent of the Committee and the Association.
�
SecUon 3.5 Ihe Committee's Discrefion. NofNithstan�ng any provisiona hereln to the contrary,nefther the Declarant,the Associatlon,
- nor the Committee shall ever be obligated to erect,install,maintain,repafr or replace a�y fences,wails,sprinkier systems,grading,planting or
landscaping on any lots.
Section 3.6 Gradinq Plan. The owner of each lot shall strictly adhere to the grading plan attached hereto as Exhibit"B"(the
"Grading Plan")and shan have an affirmative obtigation to maintain the grading Plan in all respects. Each owner ot Lot 1 through Lot 31 of Block 1
hereby covenants and agrees to stricUy adhere to the following obligations:
(a) The owner of each lot shall keep any channel or swale which is located on the lot prior to the conveyance of the lot
to the lot owner free and clear at all times of any debris and mowed to a height not to exceed two inches;
(b) The owner of each lot shall build any side or rear lot line fence across any channel or swale so that no more than fifty
percent(50%)of the swale width is closed by fence material. For purposes ot this section,"channe�width"and"swale width"shall be defined as that
cross-section triangular area which is formed by the walls of the swale or channel and the line co�necting the tops of the two walls of the swale or
channel. At least fifty percent(50%)of the swale or channel width shall be left ope�. This specificaUon can be achieved by alternating fence slats
with open gaps where the fence protrudes into the channel width or swale width.
, ARTICLE IV
GENERAL PROVISIONS
Section 4.1 Easements. Easeme�ts for the i�stana6on and maintenance of utilities and drainage facilities are reserved as shown
on the Plat Easements are also reserved for the installation,operalion,maintenance and ownership of utility service lines irom the properry lines to
�,..,, the res(dences. Dectarant reserves the right to make changes in and additions to the above easements for the purpose of most efficfenUy and
economicaily instaliing improvements. By acceptance of a deed to any lot,the owner thereof covenants and agrees to mow weeds and grass and
to keep and maintain fn a neat and clean condition any easement which may traverse a portion of the lot.
�, Section 4.2 Recorded Plat and Other Recorded Instruments. All dedications,limitations,restricUons and reservations shown
on the Plat and any other matters of record are incorporated herein and shall be construed as being adopted in each contract,deed or conveyance
executed or to be executed by Declarant,conveying lots fn the Addition,whether specifically referred to therein or not.
Section 4.3 Lot Maintenance. The owner and occupant of each lot shali cultivate an attractive ground cover or grass on all yards
visible irom the street,shall maintain the yards in a sanitary and attractive manner and shall edge the street curbs that runs along the property line.
Grass,weeds and vegetation on each lot must be kept mowed at regular intervals so as to maintain the property in a neat and attractive manner.
No vegetables shan be grown in any location whfch is visible from a public right-of-way. No lot owner shali permit weeds or grass to grow to a height
�-.-f of greater than Nvo(2)inches upon the lot. No foundation planting,shrub or other vegetation near the house shall be allowed to grow above the
bottom of any window. Ii,after ten(10)days prior written notice,an owner o(a lot shall fail to:
(a) control weeds,grass and/or other unsightiy growth;
(b) remove trash,rubble,building and construction debris;
(c) exercise reasonable care and conduct to prevent or remedy an unclean,untidy or unsightly condition,or
(d) otherwise satisfy the aforesaid maintenance requirements,then the Declarant,the Committee and the Associa6on
each shall have the authority and right,but not the obiigaGon,to go onto the subject lot for the purpose of mowing and/or cleaning said lot or to
othenvise eflect the aforesaid maintenance requirements and shall have the authority and right to assess and collect from the owner of said lot the
amount so expended by any of them in connection with mowing,cleaning or othervvise maintaining said lot on each respective occasion of such
mowing,cleaning or maintenance. �n the event an owner of a lot does not pay such an assessment within fifteen(15)days after the date of the
invoice for such assessment,such owner shall also be obligated to pay whichever of the Declarant,the Committee or the AssociaGon that has
pe�formed the aforesaid maintenance,interest thereon from said date until paid at the lesser oF the maximum rate permitted by applicable law or
eighteen percent(1 B%)per annum and the costs of collec6on thereof.
Section 4.4 Maintenance of Imarovements. Each lot owner shall maintain the exterior ot all buildings,fences,walls and other
improvements on hfs lot in good condition and repair,and shan replace worn and rotten parts,and shall regularly repaint all painted eurfaces and shall
not permit the deterioration of roofs,rain gutters,downspouts,exterior walls,windows,doors,walks,drfveways,parking areas or other exterior portions
o(the improvements.
Sec6on 4.5 Mortaapes. It is expressN protideri that the breach of any of the foregoinp covenants,conditions and restricdons
shall not defeat or render invalid the Gen o(any mortgage or deed of trust made in good faith and for value,as to the same premises or any part thereo(
encumbered by sueh mortgage or deed of trust,but said covenants,conditions and restrictions shail be binding thereto as to lots acquired by
foreclosure,trustee's sale or otherwise,as to any breach occurring after such acquisition of title.
Section 4.6 Term. The foregoing covenants and restrictions sha�run with and bind the land and shall remain in tull force and effect
for a term of thirty(30)years after this Declaration is recorded. They shali be automatically extended for successive periods of ten(10)years,as
amended from time to time as provided herein or as allowed by applicable law.
Section 4.7 Severabilitv. If any condfion,cove�ant or restriction herein contained shall be invalid,which invalidity shall not be
presumed unW the same is determined by the judgment or order of a court of competent jurisdic6on,such invalidity shali in no way affect any other
condition,covenant or restriction,each of which shail remain in full force and effect.
Page 5 of 7 g�17�97
Section 4.8 Bindinq Eftect. Each oi the conditions,covenants,restriciions and agreemenLs herein cclntained is made for the mutual
: benefit oi, and is binding upon, each and every person acquiring any part of the Addition (and Additional Phases, if any, as described in
� Paragreph 4.15 ef this Declaration),it being understood that such condilions,covenants,restrictions and agreements are not for the benefit of the
"'� owner of any land except land in the Addi�on(and Additional Phases,if nay)and the same shail inure to the beneflt of owners of land in the Addition
� (and Addi6onal Phases,'rf any)and Declarant,iLs successors and assigns. This instrument,when executed,shall be filed of record in the deed records
'S of the County so that each and every owner or purohaser or any portion of the Addition(and Addilional Phases,'rf any)is on notice of the condiUons,
�"�^ �� covenants,restrfctions and agreement herein contained.
.'s�,
Section 4.9 Enforcement. Declarant,lhe Committee,the Association and/or the owner of any lot in the Additlon(and Additlonal
��-� Phases,i(any)shall have the easement and right to have each and all of the foregoing restrictions,condiGons and covenants herein faithfully carried
-: out and performed with reference to each and every lot in the Additlon(and Additional Phases,if any),together with the right to bring any suit or
underfake any legal process that may be proper to enforce the performance thereof,R being the intention hereby to attach to each lot in the Addition
� (and Additionai Phases,if any),without reference to when it was sold the right and easement to have such restrictions,condiUons and covenants
'� strictly complied with,such right to ebst with the owner of each lot and to apply to all other lots in the Addition(and Addidonal Phases,if any)whether
' owned by fhe undersigned,its successors and assigns,or others. Failure by any lot owner,including Declarant,the Committee,or the Association
�.? to enforce any cove�ant or restric6on herein contained shall in no event be deemed a waiver of the right to do so thereafter.
,
SecUon 4.10 DefiniUon of"Ownef'. As used herein,ihe term"ownef'shall refer to the record owner,whether one or more persons
' or enGties(induding contract sellers)of the fee simple tiUe to a lot on which there is or will be built a single-family residence,but not including those
having an interest merely as security for the performance of an obliga6on.
SecUon 4.11 Other Authorities. If other authorities,such as the City or County,impose more demanding,expensive or restric6ve
requirements than those set forth herein,the requirements of such authorities shall be compfed with. Other authorities'imposition of lesser
requirements than those set forth herein shall not supersede or diminish the requirements herein.
Section 4.12 Addresses. Any notices or correspondence to an owner of a lot shall be addressed to the street address of the
lot in the event fhe house on the lot has been conveyed to a homeowner,or to the street address shown on the lot sale contract between Declarant
and the homebuilder in the event the house on the lot has not been conveyed to a homebuyer. Any nodces or correspondence to the Declarant or
to the Committee shan be addressed to the address shown opposite the signature of Declarant below or to such other address as is specified by the
DeGarant or the Committee pursuant to an insUument recorded in the deed iecords of the Counly. Any no6ces or correspondence to the Associa6on
shall be addressed to the address specified in the Association Documents.
Sec6on 4.13 Lot Owners'Election to Assume Declarant's or Committee's Functions. If at any time prior to the formation o(the
Associatlon,the owners of a majorily of the lots in the Addition(and Additional Phases,if any)execute and record a document stating their intent
and desire to perform some or atl ot DeclaranYs or the Committee's landscape maintenance,approval,or other rights or functions hereunder
("Responsibilities"), and ii such document provides a reasonabte procedure for notifying and assessing all owners and for delegating the
Responsibili�es and pertorming such Responsibilities,and,if Declarant and the Committee consent to such delegation,and,if such document is
approved and executed by Dedarant and the Committee,then such owners shail be entitled to all the discretion,authoriry,easements and rights of
Declarant and the Committee with respect to the matters as to which the lot owners elect to assume responsibility. Lot owners'rights and obligations
under this Paragraph 4.13 shall automaticaily terminate upon the torma6on of lhe Association defined in Paragraph 4.14.
Secdon 4.14 Declarant to Form Homeowner's Association. Prior to the closing of the sale of the last lot to any entity but no sooner
than when fifty percent(50%)of the homes in the AddiUon are occuqed,Dedarant shall form a homeowner's associaGon with articles of incorporation,
'�e ' by-laws,and all other pe�tinent documents and one hundred peroent(100%)of the owners o(the lots in the Addidon and in Additional Phases,'rf any,
shall automatically become members of the Association(the"Association"),and the lots in the Addition(and in Additional Phases,H any),shall be
subject to the Associa6on Documents. The maximum annual assessment for each lot owner shall be fixed by the Board of Directors of the
�� Assoaation and will be payable by each lot owner monthiy,the first payment being due for each lot on the first day of each month which follows the
dosing of the sale of that lot to the lot owner(the"Association AssessmenC'). After the Association is formed,then at a time to be at DeclaranYs sole
discretion,the Association shall take title to(and maintenance responsibility for)any common area in the Addition including but not limited to any
landscape parkway along Hall Johnson Road,npen space,or parlc land. For purposes of forming the Association,the by-laws and other pertinent
documenls of the Pssociation(the"Association Documents")shail be those produced by Declarant,in DeclaranYs sole discretion. The Association
Documents shall provide a mechanism tor the possible annexation of Additional Phases as defined in Paragraph 4.15 of this Declaration,which
annexation shan be at Declaranl's sole discrebon. The Additional Phases may include addiUonal areas for maintenance by the Association,including
but not IimRed to additional right-of-way and park land.
~ SecUon 4.15 Park Land As to park land referred to in Section 4.14 above,th�park land shail encompass approximately 2.2385
acres of land,a private park which shail be set aside in perpetuity for the benefit of ihe homeow�ers in High Point Farms and their guests. Within
the private park fs a pond ihat encompasses most of the 2.2385 acre plot. The pond shail b�maintained by the Homeowner's Association in
compliance with all federal,state and local regulaGons. Said park land shall be maintained by the Homeowners Association.
The Dedarant does hereby relieve,release,quitclaim,indemniry and hold harmless the City of Grapevine,its agents,servants,officers and
employees fof any claim,cause o(action,lawsuit,damages,either personal injuries,death or property damage,arising out of or in conjunction with
the ownership and maintenance of said pond within the private park which indemnity includes all cost of court,attorneys fees and damages. This
indemnity does not apply to damages or injuries resulGng from negligent acts solely by the City of Grapevine.
In ihe event the Homeowner's Associatlon fails to maintain the pond in accordance with applicable federal,state and local laws,and after
receiving no6ce from the City of Grapevine and failing to correct the violation or to commence and substantially complete the necessary work within
thirty(30)days of receipt of said written notice,the City,solely at Rs option,may make the necessary corrections and require the Homeowner's
P,ssoaation to pay the reasonable costs incurred in making said correction. This Sectlon 4.15 cannot be amended or changed without the written
authorization of the City of Grapevine.
Section 4.16 Amendment. Until the sale by Declarant of all the total number of lofs in the Addfion to entides unrelated to Declarant,
Declarant may,in its sole discretion,abolish or amend the Declaradon in whole or in part including but not limked to adding addiGonal lots and/or
phases to the descrip0on of the property cited in the first paragraph ot this Declaration and/or adding additional declarant(s)which own property other
than that described hereinabove in order to extend this Declaratlon to said property,such addition(s)to be known as the"Additional Phases"andlor
ad�ing any Associa6on Documents to thls Declaratlon. �n the event Additiona�Phases are added to the description of the propeAy encumbered by
this Declaration,then the right of Declarent(s)to amend this Declaration shall be extended until the sale by Declarant(s)(or any related entities)of
all the total number of lots in the Addition,including the P.ddidonal Phases.
� ..
Subsequent to such sale of atl the lots in the AddiUon(and Additional Phases,H any),such covenants,conditions and
restricGons may be amended by fifty-one percent(51°�)of the then owners of Iots(with one vote to be cast for each lot so owned),evidenced by a
written document recorded in the county records bearing each o(their signatures;provided,however,that for the ten(10)years following the
recording of this Declaratlon,no amendment of the covenants,conditlons and restric6ons set forth herein shall be valid or effective without the Joinder
of Declarant.
Section 4.17 DeclaranUCommittee Interchanqeable Riahts and Duties. Except for Section 4.15 o(this Dedaration by which Section the
rightto amend this Declaration is Fmited to Dedarant,au rights and duties of Declarant shall be exercisable by the Committee and aii rights and duties
of the Committee shall be exercisable by the Declarant.
Page 6 of 7 9�16�97
Sec6on 4.18 Oriqinal Declaration. This Amended and Restated Declara6on of Covenants,Condilions and Restrictions for HIGH
� POINT FARMS is Intended to supersede and take the place oi the Original Declaration for ail purposes. Pursuant to the power and authoriry
;a expressy reserved to Declarant under such Orfginal Declaration,the Original Declaratlon shall be and hereby is abollshed and declared null and void
�:., tor aq purposes as of the date on which this Amended and Restated Declaration of Covenants,Conditions,and Restrictions for HIGH POINT FARMS
<� becomes effective.
,�,�:.x �
s
_ EXECUTED this�day oI LY�/Y� ,1997.
� HIGH POINT FARMS JOINT VENTURE
re ,
� �
� BY� Dav�is�t,Manag�er
s
�;
��
=� THE STATE OF TEXAS }
' }
COUNTY OF DALLAS }
This instrument was acknowledged before me on this 1LQ_day of y�_,;1997,by David Whisenant,said Managing
Venturer of HIGH POINT FARMS JOINT VENTURE.
000000 � .
.,•��a�••.,
:'�;•••:'k-; SUSAN M. HOWARD otary Public in and for the State of Texas
, •��;•: Notary Public,State of Texas Printed Name of Notary:
:,;��;�?;c My Commiasion Expiree 02•78-01 My Commission Expifes:
ACCEPTED AND APPROVED by the Ciry of Grepevine,Texaa
�FGRl�R�1/1N
• BY: R er Ne son, c6ng City Manager
THE STATE OF TEXAS }
}
COUNTY OF TARRANT }
� This Instrument was acknowledged before me on this�day of�,1997,by Roger Nelson,Acting City Manager of
the Ciry of Grapevine,Texas.
���
00000r�
HOWARD tary Public in and for the State of Texas
••'':a�^�e'••, SUSAN M. Printed Name of Nota
'g' ''`�� Notary Public,Stata ot Texas �Y
' = fres 02•18•Ot My Commission Expires:
- �'��7;NIy Commission Exp
'�.;'�:'u,
T/__.
i
�'� �
D�na 7 n�7 n l�a lm
� �, ,
• NOTE:
� THIS IS A TARRANT COUNTY
= DEED RECORa.'�S NOTATION
' • •
= or 1 1
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A erture C ard #
pp �� �
Instrument #
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=i D197172243
CITY OF GRAPEVINE
`� ATTN SUSAN HOWARD
— PO BOX 95104
�� GRAPEVINE, TX 76099
u=
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—W A R N I N G—THIS IS PART OF THE OFFICIAL R�CORD--D O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF GRAPEVINE
RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME
197308636 DR91 T021602 09/17/97 13 :17
INSTRUMENT FEECD INDEXED TIME
1 D197172243 WD 970917 13 :16 CA
,�,.,-:� T O T A L : DOCUMENTS: O 1 F E E S: 2 9.0 0
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ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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