Loading...
Ashton Ridge/PP-AG 960514CITY COUNCIL MEETING: AGENDA REQUEST FORM May 14, 1996 ITEM ITEM CAPTION: Consideration and approval of Ashton Ridge, Preliminary Plat, to allow the development of a 27-1ot planned development single-family subdivision on 7.72 acres of property located at the northeast corner of Neartz and Sandy Lake Roads. SU MiTTE , DATE - TITLE: Director of Planning and Comm. Services INITI~L~ STAFF COMMENTS: Date of P&Z Meeting: April 18, 1996 Decision of Commission: Approved (6-0) with Commissioners Wheeler, McCaffrey, Cruse, Redford, Reyher and Stewart voting in favor. None opposed. STAFF RECOMMENDATION EXPLANATION: Approval ~ Denial Approval based on revised plan submitted April 18, 1996, and subject to Engineering comments, attached. Council is asked to waive (1) the 600-foot cul-de-sac length requirement, and (2) alley elimination for Lots 13 through 27. FINANCIAL COMMENTS: AMT. EST. $ +/- BUD:$ FINANCIAL REVIEW:'~ Agenda Request Form - Revised 1/94 CITY MANAGER REVIEW: Document Name / AGENDA REQUEST NARRATIVE ~SHTON RIDGEt PRELIMINARY PL~ conditions for approval: ENGINEERING COMMENTS: Preliminary Plat 1. Show the existing right-of-way for Sandy Lake Road and Heartz Road. 2. Show visibility sight triangles at all street intersections. 3. Impact fees required. 4. Correct vicinity map with regard to street names. 5. Show the zoning of all adjacent properties. 6. The plat needs to reflect the proposed street alignment for Ashton Ridge Lane. 7. The detail on the preliminary plat showing the proposed r.o.w clips for sidewalk does not appear to be constructable. This detail needs to be drawn to scale. As per our review, the sidewalk could not be constructed as shown in the detail at the corner of Ashton Ridge Lane and Ashton Ridge Court due to the location of proposed inlets. Also, it appears as though with the proposed radius, the 3'x3' r.o.w clip is not adequate room to construct the sidewalk. Please provide 10'xl0' r.o.w clips. 8. The note stating "Lot Two shall provide a 15'x15' driveway easement to Lot One for alley access" needs to be removed from the plat. 9. The alley right-of-way needs to be dedicated in accordance with our Standard Detailn i.e. radius. Site 1. 2. Plan & Zoning Exhibit Show proposed Sandy Lake Road alignment. Show right-of-way on all streets and street names. Storm Drainage Plans 1. Locations of proposed inlets in existing alley Engineering Department. 2. Provide positive overflow at all low points. needs to be coordinated with the agenda Narrative - Revised 1/94 / CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: ASHTON RIDGE, PRELIMINARY PLAT P & Z HEARING DATE: April 18, 1996 C.C. HEARING DATE: May 14, 1996 LOCATION: At the northeast comer of Heartz and Sandy Lake Roads SIZE OF AREA: 7.72 acres CURRENT ZONING: PD-SF-9 (Planned Development, Single Family-9) REQUEST: Approval of a Preliminary Plat to allow the development of a 27- lot planned development single family subdivision APPLICANT: Owner: Moneyline Construction Corp. 1301 West Hwy. 407, g201-208 Lewisville TX 75067 214-492-8249 Representative: H.A.P. Engineering & Assoc. 1451 Empire Central//103 Dallas TX 75247 214-630-2005 HISTORY: There is no recent zoning or platting history on this tract. TRANSPORTATION: Sandy Lake Road is a 2-lane asphalt road shown on the thoroughfare plan as a C4D, four-lane divided thoroughfare to be built in a 95'-wide right-of-way each side of Heartz Road. Heartz Road is a 2-lane undivided collector street within a 60'-wide right- of-way. SURROUNDING LAND USE & ZONING: North South Park Place Addition residential subdivision; "TC" Town Center Church and vacant land; "O" Office and "SF-12" Single Family Residential Item// 18 I East - West - Park Place Addition residential subdivision; "TC" Town Center Chaucer Estates residential subdivision; "PD-SF-7" Planned Development COMPREHENSIVE PLAN: The 1987 Comprehensive Plan shows the property as part of Town Center. The proposed 1996 Comprehensive Plan shows the property as suitable for low density residential development. DISCUSSION: The proposed preliminary plat is consistent with the proposed planned development district site plan. If the Commission recommends approval of the PD, a similar recommendation regarding the plat, would be appropriate, provided that the recommendation is conditional upon compliance with engineering comments. City Council will need to waive two requirements, however. The cul-de- sac length exceeds the 600' minimum, and Lots 13 through 27 do not have alleys. If the Commission continues the public hearing on the planned development district, the appropriate action regarding the preliminary plat would be to disapprove it, since it would not conform to the zoning in place. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends disapproval of the preliminary plat. ALTERNATIVES: 1) Recommend approval of the Preliminary Plat 2) Recommend disapproval of the Preliminary Plat 3) Recommend modification of the Preliminary Plat ATTACHMENTS: 1) Preliminary Plat 2) Topographic Map and Tree Survey .3) Screen Wall & Planting Plan 4) Departmental Comments Item# 18 / DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASHTON RIDGE City of Coppell Dallas County, Texas TABLE OF CONTENTS FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASHTON RIDGE ARTICLE I - DEFINITIONS 1.1 Association 1.2 Areas of Common Responsibility 1.3 Declarant 1.4 city 1.5 Home or Residence 1.6 Lienholder or Mortgagee 1.7 Lot 1.8 Member 1.9 Owner 1.10 Property, Premises or Development 1.11 Subdivision Plat 1.12 Board of Directors ARTICLE II - ASHTON RIDGE HOMEOWNERS ASSOCIATION, INC. 2.1 Establishment of the Association 2.2 Adoption of By-Laws ARTICLE III - MEMBERSHIP AND VOTING RIGHT'S 3.1 Membership 3.2 Voting Rights 3.3 No Cumulative Voting ARTICLE IV - COVENANT FOR ASSESSMENTS 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 Creation of The Lien And Personal Obligation of Assessments Purpose of Assessments Basis And Maximum of Annual Assessments Special Assessments Notice and Quorum For Any Action Authorized Under Sections 4.3 And 4.4 Uniform Rate of Assessment Date of Commencemem of Annual Assessments: Due Dates. Effect of Non-Payment of Assessments: Remedies of The Association. Exempt Property Subordination of The Lien To First Mortgages Managemem Agreements Insurance Maintenance; Areas of Common Responsibility ARTICLE V - PROPERTY RIGHTS ARTICLE VI - ARCHITECTURAL REVIEW COMMITTEE 6.1 6.2 6.3 6.4 6.5 Basis of Approval; Committee Plans Submissions and Approval Procedure No Liability; Deviations Selection of Committee; No Liability Homebuilders i ARTICLE VII - CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 Residential Use Garage Required Restrictions on Resubdivision Driveways Uses Specifically Prohibited Minimum Floor Area Building Materials Side Line And Front Line Setback Restrictions Waiver of Front Setback Requirements Fences and Walls Screening Wall and Landscape Easements Sidewalks Mailboxes Chimney Flues Windows Landscaping Lawn Maintenance Construction Completion Basketball Equipment Pool Equipment Retaining Walls Erosion Control Building Permits Reconstruction Completion Time Waiver By the Architectural Review Committee General Maintenance ARTICLE VIII OBLIGATION TO IMPROVE PROPERTY, RIGHT OF FIRST REFUSAL, AND WAIVER 8.1 Obligation to Improve Property 8.2 Right of First Refusal 8.3 Waiver of Obligation to Improve Property ARTICLE IX 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 GENERAL PROVISIONS Easements Enforcement Severability Term Amendments Gender and-Grammar Manner of Enforcement Notices to Member/Owner Headings Formation of Association: Inspection of Documents, Books and Records Indemnity FHA-VA Approval Requirement Failure of Association to Perform Duties ii DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASHTONRIDGE THE STATE OF TEXAS COUNTY OF DALLAS KNOW ALL MEN BY THESE PRESENTS THIS DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for ASHTON RIDGE, made on the date hereinafter set forth by M & M Development, Inc., a Texas corporation, for the purpose of evidencing the covenants, conditions and restrictions contained herein. WITNESSETH: WHEREAS, Declarant (defined herein) is the owner of certain real property in the City of Coppell, Dallas County, State of Texas and more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). WHEREAS, Declarant desires to create an exclusive residential community to be known as ASHTON RIDGE on the Property and such other property as may be added thereto pursuant to the terms and provisions of this Declaration; NOW THEREFORE, Declarant hereby declares that all of the Property described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the real property. These easements, covenants, restrictions and conditions shall run with the real property and be binding on all parties having or acquiring any right, title or interest in the above described Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of Declarant and each Owner (defined herein) thereof. ARTICLE I DEFINITIONS 1.1 ASSOCIATION. "Association" shall mean and refer to ASHTON RIDGE HOMEOWNERS ASSOCIATION, INC., a Texas non-profit corporation established for the purposes set forth herein, its successors and assigns. 1.2 AREAS OF COMMON RESPONSIBILITY. "Areas of Common Responsibility" shall mean (i) Common Area Lot 28, (ii) the adjacent north parkway of Sandy Lake Road and adjacent east parkway of Heartz Road, (iii) the 5' screen wall easement, to the Association, on Lots 21 through 26 and (iv) the 10' screen wall and landscape easement, including the visibility clips, to the Association, on Lots 1 and 27 Block A, and (v) such other improvements, if any, including masonry screenwall, masonry entrance features, community signs, signage or landscape lighting, landscaping, irrigation, masonry tree wells located in any dedicated right-of-way and/or easement, and any future improvements as may be designated by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general health, safety or welfare of the Owners. 1.3 BOARD OF DIRECTORS. "Board of Directors" shall mean the board of directors elected by the Association pursuant to Rs Articles of Incorporation and/or bylaws. 1.4 DECLARANT. The term "Declarant" shall mean and refer to M & M Development, Inc., a Texas corporation Rs successors and assigns. 1.5 CITY. "City" shall mean the City of Coppell, Dallas County, Texas. 1.6 COMMON AREA. "Common Area" shall mean all real property to be owned in fee simple by the Association for the common use and enjoyment of the Owners. Common Area, with respect to the Property subject to this Declaration, shall be shown on the Subdivision Plat of the Property as Lot 28. 1.7 HOME OR RESIDENCE. "Home" or "Residence" shall mean a single-family residential unit constructed on a Lot being a part of the Property, including the parking garage utilized in connection therewith and the Lot upon which the Home is located. 1.8 LIENHOLDER. "Lienholder" or "Mortgagee" shall mean the holder of a first mortgage lien, either on any Home and/or any Lot. 1.9 LOT. "Lot" shall mean and refer to a portion of the Property designated as a Lot on the Subdivision Plat of the Property, excluding common area lots, and streets. Where the context requires or indicates, the term Lot shall include the Home and all other improvements which are or will be-constructed on the Lot. 1.10 MEMBER. "Member" shall mean and refer to every person or entity who holds membership in the Association. The Declarant and each Owner shall be a Member. 1.11 OWNER. "Owner" shall mean and refer to the record Owner, other than Declarant whether one (1) or more persons or entries, of a fee simple title to any Lot and shall include the homebuilder, but shall exclude those having such interest merely as security for the performance of an obligation. However, the term "Owner" shall include any Lienholder or Mortgagee who acquires fee simple title to any Lot which is a part of the Property, through deed in lieu of foreclosure or through judicial or non judicial foreclosure. 1.12 PROPERTY, PREMISES OR DEVF. LOPMENT. "Property", "Premises" and/or "Development" shall mean and refer to that certain real property known as ASHTON RIDGE, as described on Exhibit "A" hereto. 1.13 SUBDIVISION PLAT. "Subdivision Plat" shall mean or refer to the Final Plat which has been or will be filed with respect to the Property in the Map or Plat Records of Dallas County, Texas, as same may be amended from time to time. ARTICLE H ASHTON RIDGE HOMEOWNERS ASSOCIATION, INC. 2.1 ESTABLISHMENT OF THE ASSOCIATION. The formal establishment of the Association will be accomplished by the filing of the Articles of Incorporation of Ashton Ridge Homeowners Association, Inc. with the Secretary of State for the State of Texas and the subsequent issuance by the Secretary of State of the Certificate of Incorporation of Ashton Ridge Homeowners Association, Inc. 2.2 ADOPTION OF BY-LAWS. By-laws for the Association will be established and adopted by the Board of Directors of the Association. ARTICLE MEMBERSHIP AND VOTING RIGHTS 3.1 MEMBERSHIP. Declarant, during the time it owns any single family Lots and each person or entity who is a record Owner of a fee or undivided fee interest in any single family Lot shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one (1) membership. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject to assessment by the Association. Transfer of ownership, either voluntarily or by operation of law, shall terminate such Owner's membership in the Association, and membership shall be vested in the transferee; provided, however, that no such transfer shall relieve or release such Owner from any personal obligation with respect to assessments which have accrued prior to such transfer. 3.2 VOTING RIGHTS. The Association shall have two (2) classes of voting membership: (a) Class "A". The Class "A" Members shall be all Owners. The Class "A" Members shall be entitled to one (1) vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot. (b) Class "B". The Class "B" Member(s) shall be Declarant. The Declarant shall be entitled to nine (9) votes for each Lot it owns; provided however, that Declarant shall cease to be a Class "B" member and shall become a Class "A" member entitled to one (1) vote per Lot owned upon the happening of either of the following: (i) when the total votes outstanding in the Class "A" membership exceeds the total votes outstanding in the Class "B" membership, or; (ii) upon the expiration often (10) years from the recording date of this instrument in the Deed Records of Dallas County, Texas. 3.3 NO CUMULATIVE VOTING. At ali meetings of the Association, there shall be no cumulative voting. Prior to all meetings, the Board of Directors shall determine the total number of votes outstanding and entitled to vote by the Members. ARTICLE IV COVENANT FOR ASSESSMENTS 4.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shah be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association: (i) annual assessments or charges, and (ii) special assessments for capital improvements. Such assessments (collectively, the "Assessments") are to be fixed, established and collected as provided herein. Assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shah be a charge on the Lot and shall be secured by a continuing lien which is hereby created and impressed for the benefit of the Association upon the Lot against which each such Assessment is made. Each such Assessment, together with such interest costs and reasonable attorney's fees shall also constitute a personal obligation of the person or entity who was the record Owner of such Lot at the time of the Assessment. The personal obligation for delinquent Assessments shah not pass to successors in title unless expressly assumed by such successors, however the lien upon the Lot shah continue until paid. 4.2 PURPOSE OF ASSESSMENTS. The Assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the Owners of the Lots, the improvement and maintenance of the Areas of Common Responsibility, and the performance and/or exercise of the rights and obligations of the Association arising hereunder. Assessments shall include, but not be limited to, funds to cover actual Association costs for all taxes, insurance, repair, replacement, maintenance and other activities as may from time to time be authorized by the Board of Directors; legal and accounting fees, and any fees for management services; expenses incurred in complying with any laws, ordinances or governmental requirements applicable to the Association or the Property; reasonable replacement reserves and the cost of other facilities and service activities, including, but not limited to, mowing grass, grounds care, sprinkler system, landscaping, and other charges required or contemplated by this Declaration and/or that which 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. 4.3 BASIS AND MAXIMUM OF ANNUAL ASSESSMENT'S. (a) Until January 1st of the year next following the conveyance of the first single family lot to an Owner, the regular maximum annual Assessment shall be $550.00 per Lot. (b) From and after January 1st of the year next following the conveyance of the first single family Lot to an Owner, the maximum regular annual assessment may be increased by an amount up to fifteen percent (15%) over the preceding year's regular annual assessment solely by the Board of Directors. Any increase over and above 15% of the previous year's regular annual assessment shall be done only by the prior written approval of sixty-six and two-thirds percent (66 2/3%) of the outstanding votes (determined pursuant to Section 3.2 hereof) held by the Members at a meeting at which a quorum is present. 4.4 SPECIAL ASSESSMENTS. In addition to the regular annual Assessment authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the costs incurred by the Association pursuant to the provisions of this Declaration, provided that any such Special Assessment shall have the prior written approval of sixty-six and two-thirds percent (66 2/3%) of the outstanding votes (determined pursuant to Section 3.2 hereof) held by the Members at a meeting at which a quorum is present. Any Special Assessments shall be prorated based on the period of time the Owner owns the Lot during such year. 4.5 NOTICE AND QUORUM FOR ANY ACTION AUTHORIZF. D UNDER SECTIONS 4.3 AND 4.4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.3 and 4.4 hereunder shall be given to all Members not less than ten (10) days nor more than thirty (30) days in advance of such meeting. At such meeting, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes entitled to be cast by the Members of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirements and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. 4.6 UNIFORM RATE OF ASSESSMENT. Both the regular annual Assessments and Special Assessments shall be fixed at a uniform rate for all single family Lots, and shall commence and be due in accordance with the provisions of Section 4.7 hereof. Each Owner shall pay one hundred percent (100%) of the established Assessment for each Lot he or it owns. Declarant shall pay twenty-five percent (25%) of the established Assessment for each Lot it owns. 4.7 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES. (a) The obligation to pay regular annual Assessments provided for herein shall commence on January 1, 1997 or as directed by the Board of Directors. The Assessments shall be due on such payment dates as may be established by the Association. Assessments shall be due and payable on an annual basis unless otherwise designated by the Association. 4 (b) As long as Declarant is a Class "B" Member pursuant to Section 3.2 hereof, Declarant shall pay the deficiency resulting in the event the cost of maintenance exceeds the amount of the Assessments received fi.om the Owners; provided, however, in such event, Declarant shall not otherwise be required to pay Assessments with respect to portions of the Property owned by Declarant; and further, provided, however, in no event shall Declarant be required to pay an amount which is in excess of one hundred percent (100%) of the established Assessment for each Lot it owns. When the Declarant is converted to a Class "A" Member, the Declarant shall no longer be responsible for contributing shortfalls outlined in the preceding sentence but rather, shall commence making regular annual and Special Assessments pursuant to Sections 4.3 and 4.4 hereof calculated on the number of remaining Lots Declarant then owns. (c) The annual Assessments for the first Assessment year shall be fixed by the Association prior to the sale of the first Lot to an Owner. Except for the first Assessment year, the Association shall fix the amount of the annual Assessment at least thirty (30) days in advance of each Assessment year, which shall be the calendar year; provided, however, that the Association shall have the right to adjust the regular annual Assessment upon thirty (30) days written notice given to each Owner, as long as any such adjustment does not exceed the maximum permitted pursuant to Section 4.3 hereof. Written notice of the regular annual Assessment shall be given as soon as is practicable to every Owner subject thereto. The Association shall, upon demand at any time, furnish a certificate in writing signed either by the President, Vice President or the Treasurer of the Association setting forth whether the annual and special Assessments on a specified Lot have been paid and the amount of any delinquency. A reasonable charge may be made by the Association for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid. (d) No Owner may exempt himself fi.om liability for Assessments by waiver of the use or enjoyment of any portion of the Development or by abandonment of his Home. 4.8 EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THF. ASSOCIATION (a) All payments of the Assessments shall be made to the Association at its principal place of business in Dallas County, Texas, or at such other place as the Association may otherwise direct or permit. Payment shall be made in full regardless of whether any Owner has any dispute with Declarant, the Association, any other Owner or any other person or entity regarding any matter to which this Declaration relates or pertains. Payment of the Assessments shall be both a continuing affirmative covenant personal to the Owner and a continuing covenant running with the Property. (b) Any Assessment provided for in this Declaration which is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the date of delinquency, the Assessment shall bear interest fi.om the date of delinquency, until paid, at the rate of eighteen percent (18%) per annum or the maximum rate allowed by law, whichever is the lesser. The Association may, at its option, bring an action at law against the Owner personally obligated to pay the same; or, upon compliance with the notice provisions hereof, foreclose the lien against the Lot as provided in Subsection 4.8(d) hereof. There shall be added to the amount of such Assessment the costs of preparing, including reasonable attorney's fees, and filing the complaint petition in such action, and in the event a judgment is obtained, such judgment also shall include said interest and reasonable attorney's fee, together with costs of action. Each Owner vests in the Association or its assigns, the right and power to bring all actions at law or in equity foreclosing such lien against such Owner, and the expenses incurred in connection therewith, including interest, costs and reasonable attorney's fees shall be chargeable to the Owner in default. Under no circumstances, however, shall Declarant or the Association be liable to any Owner or to any other person or entity for failure or inability to enforce or attempt to enforce any Assessments. (c) No action shall be brought to foreclose said Assessment lien or to proceed under the power of sale herein provided in less than thirty (30) days after the date a notice of claim of lien is deposited with the postal authority, certified or registered, postage prepaid, to the Owner of said Lot, and a copy thereof is recorded by the Association in the Office of the County Clerk of Dallas County, Texas, said notice of claim must recite a good and sufficient legal description of, any such Lot, the record Owner or reputed Owner thereof., the amount claimed (which may, at the Association's option, include interest on the unpaid Assessment at the maximum legal rate, plus reasonable attorney's fees and expenses of collection in connection with the debt secured by said lien), and the name and address of the Association. (d) Any such sale provided for above is to be conducted in accordance with the provisions applicable to the exercise of powers of sale in mortgages and deeds of trust, as set forth in Section 51.002 of.the Property Code of the State of'Texas, or in any other manner permitted by law. Each Owner, by accepting a deed to a Lot, expressly grants to the Association a power of. sale as set forth in said Section 51.002 of the Property Code, in connection with the Assessment lien. The Association, through duly authorized agents, shall have the power to bid on the Lot at f.oreclosure sale and to acquire and hold, lease, mortgage and convey the same. (e) Upon the timely curing of any default for which a notice of claim of lien was filed by the Association, the officers of'the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of a fee, to be determined by the Association but not to exceed the actual cost of preparing and filing or recording the lien and the release. (f) The Assessment lien and the tight to f.oreclosure sale hereunder shall be in addition to and not in substitution of all other rights and remedies which the Association and its successors or assigns may have hereunder and by law, including the right of suit to recover a money judgment for unpaid Assessments, as above provided. 4.9 EXEMPT PROPERTY. The following property otherwise subject to the Declarations shall be exempted from the assessments, charge and lien created herein: (a) All properties dedicated and accepted by the local public authority and devoted to public use. (b) All Common Areas. (c) All Areas of Common Responsibility. 4.10 SUBORDINATION OF THE I JIF. N TO FIRST MORTGAGES. The lien securing the Assessments provided for herein shall be subordinate to the lien of any first lien mortgage. The sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any first lien mortgage, pursuant to a decree of foreclosure or a non-judicial f'oreclosure under such first lien mortgage or any proceeding in lieu of foreclosure thereof., shall extinguish the lien of such Assessments as to payments thereof which became due prior to such sale or transf.er. No sale or transfer shall relieve such Lot from liability for any Assessment thereat~er becoming due, in accordance with the terms herein provided. 4.11 MANAGEMENT AGREEMENTS. The Association shall be authorized to enter into management agreements with third parties in connection with the operation and management of the development and the performance of.its obligations hereunder. A copy of all such agreements shall be available for review by each Owner. Any and all management agreements entered into by the Association shall provide that said management agreement may be canceled with or without cause and without penalty by either party with thirty (30) days written notice. Any and all management agreements shall be for a term not to exceed one (1) year and shall be made with a professional and responsible party or parties with proven management skills and experience managing a project of this type. The Association may, at its discretion, assume self management of the development by the Association. 4.12 INSURANCE. The Association through the Board of Directors, or its duly authorized agent, shall have the right and option to purchase, carry and maintain in f.orce insurance policies coveting the Areas of Common Responsibility and covering all damage or 6 injury caused by the negligence of the Association, any of its employees, officers, directors and/or agents, commercial general liability insurance, directors and officers liability insurance, and such other insurance as the Association may from time to time deem necessary or appropriate. 4.13 MAINTENANCE; AREAS OF COMMON RESPONSIBII.ITY. The Association shall bear the responsibility for the operation, maintenance, repak and, if required, the replacement of the masonry entry features, masonry screen walls, community signs, lighting for signs or landscaping, landscaping, irrigation and other such improvements located in the "Areas of Common Responsibility" as defined in Paragraph 1.2. Repair or replacement of any fence shall be of the same or as close to the same as possible to the original construction material. The Association shall prune as necessary at the entrance to maintain the sight lines as specified in Paragraph 7.5 (o). The landscape and maintenance easements are reserved in favor of Declarant and the Association for the performance thereof. No vehicular access over the Areas of Common Responsibility shall be permitted except for the purpose of installation and maintenance, repair, replacement or installation of the screening walls, entry features, community signs, lighting, landscaping or irrigation. ARTICLE V PROPERTY RIGHTS It is proposed that the Areas of Common Responsibility will be improved only to the extent of landscaping and plantings, including such screening fences, signage, accent structures and walls for the entrance identification for the Property. As such, the Association shall not, except as the Association may reasonably deem appropriate to comply with applicable laws or to protect the health, safety or welfare of the Properties or the Members, cause (i) any additional buildings or permanent structures to be constructed within the Areas of Common Responsibility; or (ii) any interference or conflict with the natural or planted vegetation or trees in the Areas of Common Responsibility. The foregoing shall not imply any obligation on the part of the Declarant or the Association to provide any particular enhancement to the Areas of Common Responsibility or render the Association in any way responsible for the actions of any Members or other parties on or in connection with the Areas of Common Responsibility, unless such actions are undertaken pursuant to the written instructions of the Association. ARTICLE VI ARCHITECTURAL REVIEW COMMITTEE 6.1 BASIS OF APPROVAL; COMMITTF. F.~ No lot grading, building, fence, wall, parking area, swimming pool, spa, pole, mail box, driveway, fountain, pond, sign, exterior illumination, change in exterior color or shape, new structure or modification of an existing structure shall be commenced, erected or maintained upon any Lot or the patio or garage used in connection with any Lot after the purchase of any Lot from Declarant, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same are submitted to and approved in writing by the Architectural Review Committee (the "Committee") which shall be composed of three (3) representatives appointed by Declarant (during such time Declarant owns any Lots) and thereafter by the Association. 6.2 PLANS SUBMISSIONS AND APPROVAL PROCEDURF.. Plans and specifications shall be submitted to the Committee at least thirty (30) days prior to the commencement of any construction or modification. The following shall be submitted in duplicate for approval: a site plan showing the entire Lot with existing improvements, lot drainage which complies with the City approved lot grading plan, floor plan and elevations of all faces of the proposed structure; and a description of all exterior construction materials. A copy of the above described plans and specifications shall be retained by the Committee. The Committee shall review the plans and specifications and notify the Owner in writing of its approval or disapproval. 7 If the Committee fails to approve or disapprove said plans and specifications within thirty (30) days after the same has been submitted to it, they will be presumed to have been approved by the Committee. Any disapproval shall set forth the elements disapproved and the reason or reasons thereof. The judgment of the Committee in this respect in the exercise of its sole and absolute discretion shall be final and conclusive and the Owner shall promptly correct the plans and specifications (if disapproved) and resubmit them for approval. No construction, alteration, change or modification shall commence until approval of the Committee is obtained. The Committee may approve any deviation fi.om these covenants and restrictions as the Committee, in its sole and absolute discretion, deems consistent with the purpose hereof. 6.3 NO LIABILITY; DEVIATIONS. No member of the Committee shall be personably liable to any Owner for any claims, causes of action or damages arising out of the denial of any submittal or grant of any deviation to an Owner. Future request for deviations submitted hereunder shall be reviewed separately and apart fi.om other such requests and the grant ora deviation to any Owner shall not constitute a waiver of the Committee's rights to strictly enforce the Declaration and the architectural standards provided herein against any other Owner. Approval by the Committee of the plans and specifications or its determination that the completed construction or modification has been constructed in accordance with the plans and specification shall be deemed to be an acknowledgment by the Committee that such are in accordance with these Covenants and Restrictions and such acknowledgment shall be binding against the Owners of the Lots and the Property. 6.4 SELECTION OF COMMITTEE; NO LIABIIJTY. Until Declarant no longer owns a Lot, as vacancies in the Committee occur by resignation or otherwise, successor members shall be appointed by Declarant. Thereafter, the members of the Committee shall be selected and appointed by the Board of Directors of the Association. In the event that such Directors fail to designate members of the Committee within thirty (30) days after any vacancy appears thereon, then the remaining members of the Committee shall be entitled to appoint a successor to fill any vacancies. Members of the Committee may at any time and without cause, be removed by Declarant, or in accordance with the parameters above, by the Board of Directors of the Association. Neither the Declarant, the Association, the Board of Directors, the Committee nor any employees, officers, directors or members thereof shall be liable for damages or otherwise to anyone submitting plans and specifications for approval or to any Owner affected by this Declaration by reason of mistake of judgment negligence or nonfeasance arising out or in connection with the approval or disapproval or failure to approve or disapprove any plans or specifications. 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 relate, and the Committee shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans' compliance with the general provisions of this Declaration, City codes, state statutes or the common law, whether the same relate to Lot lines, building lines, easements or any other issue. 6.5 HOMEBUILDERS. Notwithstanding anything to the contrary contained herein, once a particular set of plans and specifications submitted by a homebuilder (which for purposes hereof shall be defined as any entity or person in the business of constructing single family residences for the purpose of sale to third parties) has been approved by the Committee or deemed approved, such homebuilder may construct homes on the Properties in accordance with such plans and specifications without the necessity of obtaining subsequent approvals therefor, so long as there are no major material changes in the plans and specifications. 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 Lot Owner(s) or general value of the Properties. As an example, and not by way of limitation, 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 Committee may, from time to time, publish and promulgate architectural standards bulletins; such bulletins shall supplement these Covenants and 8 Restrictions and are 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. ARTICLE VII CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS 7.1 RESIDENTIAL USE. The Property shall be used for single-family residential purposes only. No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family residence per Lot, which residence may not exceed two and one-half(2 1/2) stories in height and a private garage as provided below. 7.2 GARAGE REQUIRED. Each residence shall have an enclosed garage suitable for parking a minimum of two (2) standard size automobiles, which garage shall conform in design and materials with the main structure. Each garage shall open only to the side or rear of the Lot so as not to face a residential street. The Committee may approve garages which face the street if the face of said garage is located a minimum offif~ (50) feet from the front building line and are screened by a wall, servants quarters or other extension of the main structure. 7.3 RESTRICTIONS ON RESUBDIVISION. No Lot or combination of Lots shall be subdivided into smaller Lots so as to create more Lots than is described on Exhibit "A" hereto. 7.4 DRIVEWAYS. All driveways shall be surfaced with concrete or similar substance approved by the Committee. Hot -mix asphalt concrete is prohibited. 7.5 USES SPECIFICALLY PROHIRITF. D. (a) Except as expressly approved by the Committee, no temporary structure of any kind shall be erected or placed on any Lot without the approval of the Committee. In no instance shall more than one residence be erected or placed on any one Lot. A builder or contractor approved by the Committee as an authorized builder and/or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a specifically permitted Lot during construction of the residence on that Lot. No building material of any kind or character shall be placed or stored upon the Property until construction is ready to commence, and then such material shall be placed totally within the property lines of the Lot upon which the improvements are to be erected. (b) No boat, marne craft, hovercratt, aircraft, recreational vehicle, camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any dwelling or parked on any public street on the Property, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless properly concealed from public view. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked while in use for the construction, maintenance or repair of a residence in the Development. (c) Trucks with tonnage in excess of one and one/half (1 1/2) tons and any commercial vehicle with painted advertisement shall not be permitted to park overnight on the public streets within the Property except those used by a builder during the construction of improvements. (d) No vehicle of any size which transports flammable, explosive or noxious cargo may be kept on the Property at any time. (e) No motorized vehicle or similar equipment shall be parked or stored in an area visible from any street except passenger automobiles, passenger vans, motorcycles and 9 pick-up trucks (including those with attached bed campers) that are in operating condition and have current valid license plates and inspection stickers. (f) No structure of a temporary character, such as a trailer, tent, shack, barn, or other out-building shall be used on the Property at any time as a dwelling house; provided, however, that an approved builder may maintain and occupy (for the purpose implied), model homes, sales offices and construction trailers during the construction period, but not as a residence. Sales offices and model homes must be approved by the Committee in accordance with the requirements of Article VI. (g) No oil drilling, oil development operation, oil refining, pooling arrangements, quarrying or mining operations of any kind shall be permitted in or on the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any part of the Property. No derrick or other structure designed for use in quarrying or boring for oil, natural gas or other minerals shall be erected, maintained or permitted on the Property. (h) No animals, livestock or poultry or birds of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept in reasonable numbers, provided that they are not kept, bred, or maintained for any commercial purpose. It is the purpose of these provisions to restrict the use of the Property so that no person shall quarter on the premises cows, horses, bees, hogs, sheep, goats, guinea fowls, chickens, turkeys, skunks or any other animals that may interfere with the quiet peace, health and safety of the community. No more than four (4) household pets will be permitted on each Lot. Certain pigs recognized by the City as pets may be approved by the Committee at its sole discrection. Pets must be restrained or confined within the house or in a secure fence area not visible from the ground floor elevation of any other Lots. It is the pet owner's responsibility to keep the Lot clean and free of pet debris or noxious odors to adjoining Lots. All animals must be properly registered and tagged for identification in accordance with local ordinances. (i) No Lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. All garbage shall be kept in sanitary containers. Unless otherwise expressly permitted by the Committee, garbage containers shall be situated and enclosed so as not to be visible fi.om any residential street or residential lot inside the garage of each residence except on days of pickup. Materials incident to construction of improvements may be only be stored on Lots during construction of the improvement thereon. (j) No individual water supply system shall be permitted on any Lot. (k) No garage, garage house or other out-building (except for sales offices and construction trailers during the construction period) shall be occupied by any Owner, tenant or other person prior to the erection of a residence. (1) No air-conditioning apparatus shall be installed on the ground in front of a residence. No gas or electric meter shall be set nearer the street than the front or side of a dwelling unless the meter is of an underground type. (m) Except with the written permission of the Committee, no antennas, satellite dishes or other equipment for receiving or sending sound or video signals shall be permitted in or on the Property except antennas for AM or FM radio reception and UI-IF and VHF television reception. Such antennas shall be located inside the attic of the main residential structure except that, with the written permission of the Committee, one (1) satellite dish or similar antenna no greater than 20 inches in diameter may be placed on the rear roof of the residence so long as it is completely screened from view from any adjacent street or other public area. The Committee shall be the sole determinant as to the acceptable placement of such satellite dish. Satellite dishes that are greater in diameter than 20 inches shall not be permitted. (n) No Lot or improvement thereon shall be used for any purposes not permitted by City ordinance. No noxious or offensive activity shall be undertaken on the Property, nor shall anything be done which is or may become an annoyance or nuisance to the Properties. Nothing in this subparagraph shall prohibit a builder's temporary use of a residence as 10 a sales/construction office for so long as such builder is actively engaged in construction on the Property. (o) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and one half (2 1/2) and nine (9) feet above the roadway shall be placed or permitted to remain on any comer Lot in the triangular area formed by the street curb lines and a line connecting them at points 45 feet fi.om the intersection of the curb lines, or in the case of a rounded property comer, fi.om the intersection of the street property lines as extended. The same sight-line limitations shall apply on any Lot within 45 feet fi.om the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such restricted plantings area unless the foliage line is maintained at a minimum height of nine (9) feet above the adjacent ground line. (p) Except for children's playhouses (which shall have a max. peak roof line of twelve feet), dog houses, and gazebos, no previously constructed building may be moved onto any Lot, it being the intent that only new construction be placed and erected on the Property. (q) Within the easements on each Lot, as designated on the Subdivision Plat of the Development, no improvement, structure, planting or materials shall be placed or permitted to remain which might damage or interfere with the installation, operation and maintenance of public utilities, or which might alter the direction of flow within drainage channels or which might obstruct or retard the flow of water through drainage channels. (r) The general grading, slope and drainage plan of a Lot as established by the approved Development plans may not be materially altered without the written approval of the Committee and/or the City (where such authority rests with the City). (s) No sign of any kind or character shall be displayed to the pubic view on any Lot except for one (1) professionally fabricated sign of not more than ten (10) square feet or as approved by the Committee. One sign may be displayed for the purpose of advertising the property for rent or sale, for political purposes or by approved builders to advertise the property during its construction and sales period. Declarant or its agents shall have the right to remove any sign, billboard or other advertising device that does not comply with the above, and in so doing shall not be subject to any liability for trespass, or any other tort arising in connection therewith fi.om such removal, nor in any way be liable for any accounting or other claim by reason of the disposition thereof. Proper display of patriotic flags which do not exceed four feet by six feet (4'x6') shall be permitted. Development related signs owned and erected by the Declarant shall be permitted. (t) Outdoor clothes lines and drying racks are prohibited. (u) Except within fireplaces in the main residential dwelling and proper equipment for outdoor cooking, no burning of anything or open fires shall be permitted anywhere on the Property. (v) No lot shall be used for, or contain a site for the use of, landing and/or departure of helicopters and similar craft. (w) No noxious offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No owner shall do any work that will impair the structural soundness or integrity of another residence or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other residences or their owners. No exterior lighting of any sort shall be installed or maintained on a lot where the light source is offensive or a nuisance to neighboring property (except reasonable security or landscape lighting that has approval of the Committee and does not shine directly upon the property of other owners). No exterior speakers, horns, whistles, bells or other sound devices (except security devises such as entry door and patio intercoms used exclusively to protect the lot and improvements situated thereon) shall be placed or used upon any lot. 11 (x) The digging of dirt or the removal of any dirt from any lot is expressly prohibited except as necessary in conjunction with the landscaping of or construction on such lot. No trees shall be cut or removed except to provide for the construction of improvements or to remove dead or unsightly trees. 7.6 MINIMUM FLOOR AREA. The total air-conditioned living area of the main residential structure, as measured to the outside of exterior walls (but exclusive of open porches, garages, patios and detached accessory buildings), shall be not less than Twenty Five Hundred (2,500) square feet, with a minimum ak-conditioned living area on the ground ~loor of not less than Seventeen Hundred Fifty (1,750) square feet. 7.7 BUILDING MATERIALS. The total exterior wall area of each residence constructed on a Lot shall not be less than eighty percent (80%) brick, brick veneer, stone, stone veneer, or other masonry material approved by the Committee, provided, however, that the side and rear portions of houses which back to or side to Heartz Road and/or Sandy Lake Road shall be one hundred percent (100%) masonry construction. Windows, doors and other openings, gables or other areas above the height of the top of standard height first-floor windows are excluded from calculation of total exterior wall area. The roofs of principal and secondary structures which are exposed to public view shall be shake, slate, clay, neutral tone tile, or architectural series quality composition shingle (240 pounds per square or more) and of either a weathered wood color or barkwood color, unless some other material is approved by the Committee. All residences shall have a minimum 7x12 and maximum 12x12 roof pitch on the major portions of the building unless otherwise approved by the Committee. 7.8 BUILDING SETBACK REQUIREMENTS. Building setback lines shall conform to the requirements of the City of C oppell and the Plat of the Properties. The ten (10) foot sideyard setback on Lots 17 and 18 of Block A shall also apply to fencing. For purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of the building on any Lot to encroach upon another Lot. If two or more Lots, or portions of Lots, are consolidated into a building site, these building setback requirements shall apply to the resulting building site as if it were one original, platted Lot. Unless approved by the Committee, the dwelling shall be located no further behind the front building line than five (5) feet. 7.9 WAIVER OF FRONT SETBACK REQUIREMENTS. With the written approval of the Committee, a residential structure may be located farther back from the front property line of a Lot than provided in Paragraph 7.8 above, where, in the opinion of the Committee, the proposed location of the structure will not negatively impact the appearance or value of the Property or adjacent Lots. 7.10 FENCES AND WALLS. All Lots shall have minimum seven (7) foot (maximum eight foot) high privacy fences extending from the main structure to the rear of the Lot and all Lots shall have minimum seven (7) foot (maximum eight foot) high privacy fences along the rear of the Lot, except the rear of Lots 12, 13, 14, 23 through 27 and the side yards adjacent to the subdivision masonry screening wall of Lots 1, 22, and 23 Block A. No fence or wall on any Lot shall extend nearer to any street than twenty-five (25) feet from the front of the residence thereon. Side yard fencing adjacent to a street on a comer lot shall not extend nearer to the street than the minimum setback lines shown on the Subdivision Plat. The Owners of Lots 1 and 12 of Block A shall step up or down that portion of their rear privacy fence, which approaches Heartz Road or Sandy Lake Road subdivision screening wall, in maximum one foot intervals, to a point where the last ten (10) feet, which connects to the subdivision screening wall, is at an elevation below that of said subdivision screening wall. Owners of Lots 1, 12, 13, 14, and 22 through 27 of Block A will not be permitted to construct any screening fence on their lots parallel and adjacent to Sandy Lake Road or Heartz Road unless otherwise approved by the Committee. Sideyard fences on comer lots and fence returns between the main structure and the side lot line, where said fence return is visible from the street or common areas shall be constructed of the following material: a) the masonry product approved for the primary residence, or b) constructed using masonry columns, minimum 18 inches square, six (6) inches higher than the wood fence, on maximum 12 foot centers (10 foot minimum). A column shall be constructed at the front fence comer and at the rear lot comer. In the event an existing fence has been constructed or previously approved and is 12 under construction, that lot Owner will be responsible for the common rear column. The remaining portion of all required fences shall be board on board constructed of number one cedar with a shadow-box cap. All privacy fences shall be measured from the prevailing ground line adjacent thereto. Any fence or portion thereof that faces a public street shall be constructed so that all structural members and support posts will be on the side of the fence away from the street and are not visible from such street right-of-way. No structural members or posts will be visible on the north side of privacy fences for Lots 23 through 27. With the exception of the masonry screening fence along Coppell Road and Heartz Road, the individual Lot Owners will be responsible for maintaining and/or replacing privacy fences. 7.11 SCREENING WALL AND LANDSCAPE EASEMENTS. Screening wail and landscape easements to the Association are established as shown on the Plat, including a five (5) foot screening wall and landscape easement on Lots 23 through 26 of Block A and a ten (10) foot screening wall and landscape easement on Lots 1 and 27 Block A. 7.12 SIDEWALKS. All walkways along public rights-of-ways shall conform to the minimum standards of the City. 7.13 MAILBOXES. Mailboxes shall be of a design and specification as meets the standards of the U.S. Postal Service, and shall be constructed of masonry of the same type as the main dwelling structure and as approved by the Committee. 7.14 CHIMNEY FLUES. Chimney stacks shall be enclosed One Hundred Percent (100%) in brick or masonry of the same type as the main dwelling structure. 7.15 WINDOWS. (a) Window jambs and mullions on all residences shall be of anodized, baked-on painted aluminum (no mill finish), wood materials or as approved by the ARC. The color is to be black, dark bronze, or as approved in writing by the Committee. (b) Declarant has established a plan to prohibit the installation of windows on certain sides of multi-story residences constructed on a Lot in order to enhance privacy of adjoining lots. No windows shall be installed at any time on any portion ora residence or other structure constructed on a Lot above the first floor level on those sides of the residence or other structure on which Declarant prohibits the installation of windows. 7.16 LANDSCAPING. Landscaping of each Lot shall be completed within sixty (60) days after the dwelling construction is completed, subject to extension for delays caused by inclement weather or for seasonal planting limitations. Minimum landscaping requirements for each Lot shall include grassed (and/or similarly approved ground coveting) for the front and side yards, including a sprinkler system. 7.17 LAWN MAINTENANCE. No Lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. All garbage shall be kept in sanitary containers. Unless otherwise expressly permitted by the Committee, garbage containers shall be situated and enclosed so as not to be visible from any residential street or residential lot. If, at any time, an Owner of any Lot shall fail to control weeds, grass an/or other unsightly growth, Declarant or the Association shall have the authority and fight to go onto said Lot 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 not to exceed Seven Hundred Dollars ($700.00) for mowing or cleaning said Lot on each respective occasion of such mowing or cleaning. The Assessments, together with interest (at the highest permitted by lawful rate per annum) and any 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 interest thereon and costs of collection thereof, shall also be the continuing personal obligation of the Owner of such Lot at the time when the assessment occurred. 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. 13 7.18 CONSTRUCTION COMPLETION. With reasonable diligence and in all events within seven (7) months from the commencement of construction, unless completion is prevented by war, labor strike or an act of God, any residential dwelling commenced on any lot shall be completed as to its exterior, and all temporary structures shall be removed. Out-buildings shall be completed within two (2) months. 7.19 BASKETBALL EQUIPMENT. Basketball goals, backboards and nets shall not be permitted upon any lot without prior written approval by the Committee. No basketball goals, backboards and nets shall in any case be located closer to the street than the front building line. 7.20 POOL EQUIPMENT. Above ground pools are expressly prohibited. All pool service equipment shall be fenced and located in either (a) a sideyard between the front and rear boundaries of the dwelling, or (b) in the rear yard adjacent to the dwelling; and shall not be visible from any residential street. 7.21 RETAINING WALLS. It shall be the responsibility of the owner of any lot requiting retaining walls to construct said wall at the time the primary residence is constructed. Any Owner making a cut or fill which such grade exceeds 3:1 must submit to the Committee a wall design for approval. Walls shall be constructed of a milsap masonry material approved by the Committee. Where required to comply with the approved lot grading plan, the lot owner shall construct retaining walls. 7.22 EROSION CONTROL. During construction of improvements and prior to landscaping, reasonable measures will be taken to prevent excessive erosion of lots, causing silt to be deposited in the streets and in the storm drainage system. Protection can be by retaining walls, berm, hay bales or other means suitable for each individual Lot. The Lot owner will be responsible for removing excessive silt accumulations from the street. 7.23 BUILDING PERMITS. The Building Inspector of the City of Coppell, Texas, or other municipal authority, is hereby authorized and empowered to revoke, as the case may be, any and all permits for construction of improvements of any kind or character to be erected or placed on any of the Property, if such improvements do not conform to and comply with the restrictions set out herein. It is understood the City of Coppell codes prevail. Additionally, the City of Coppell Certificates of Occupancy, will be subject to certification of the lot grading being completed in accordance with the City approved grading plans and the builder approved lot grading submittal. 7.24 RECONSTRUCTION COMPLETION TIMF.. In the event that residence is partially or totally damaged by fire or other causes, construction or reconstruction of the damaged residence, or portion thereof, must commence within one-hundred twenty (120) days after the occurrence causing the damage. No construction or reconstruction shall commence until plans and specifications have been submitted to the Committee and subsequently approved. 7.25 WAIVER BY THE ARCHITECTURAL REVIEW COMMITTEE. The Committee may, at its discretion, approve construction of a structure lacking not more than 10% of the minimum square footage required by Paragraph 7.7 above, and may waive such other variations from these restrictions as said Committee deems, in its sole discretion, not to be inconsistent with the general tenor and purpose of these restrictions. 7.26 GENERAL MAINTENANCE. Following occupancy of the residence on any Lot, each Owner shall maintain and care for the Home, all improvements and all trees (including those in the front street parkway), foliage, plants, and lawn areas on the Lot and otherwise keep the Lot and all improvements thereon in good condition and repair and in conformity with the general character and quality of properties in the immediate area. Such maintenance and repair to include but not be limited to: (i) the replacement of worn and/or rotted components; (ii) the regular painting of all exterior surfaces; (iii) the maintenance, repair and replacement of roofs, rain gutters, downspouts, exterior walls, fences, windows, doors, walks, drives, parking areas and other exterior portions of the Home to maintain an attractive appearance; (iv) regular mowing and edging of lawn and grass areas, including the alley right-of-way for lots which back to an existing alley; and (v) ensuring the integrity of drainage easements. Upon failure of any Owner to maintain a Lot owned by him in the manner prescribed herein, the Declarant or the Association, or either of 14 them, at its option and discretion, but without any obligation to do so, but only if such non-compliance continues five (5) days after written notice to such Owner, may enter upon such Owner's Lot and undertake to maintain and care for such Lot to the condition required hereunder and the Owner thereof` shall be obligated, when presented with an itemized statement, to reimburse said Declarant and/or Association for the cost of`such work within ten (10) days after presentment of such statement. ARTICLE Vlll OBLIGATION TO IMPROVE PROPERTY, RIGHT OF FIRST REFUSAL, AND WAIVER 8.1 OBLIGATION TO IMPROVE PROPERTY. If any Owner of a Lot does not, within eighteen (18) months after receipt of title to such Lot begin (and thereat~er continue to completion) substantial and meaningful construction of a building upon said Lot (which building shall comply with all provisions of this Declaration), the Declarant conveying such Lot or its assignee ("Optionee"), shall have an option to repurchase said lot for a purchase price equal to the purchase price paid by such Owner COptionor") for said Lot. This option to repurchase must be exercised in writing within six (6) months after the expiration of'the above-ref,erenced eighteen (18) month period. Closing of the repurchase shall take place within ninety (90) days after the exercise of the option to repurchase and shall be held at the office of Optionee or at the office of the title company selected by Optionee. At the dosing, Optionee may deem necessary to properly convey title to said Lot to Optionee, its successors and assigns. For the purposes hereof, "substantial and meaningful construction" shall mean the commencement of construction of a component part of the building, such as the laying of a f,oundation of the building. Such activities as erecting stakes, unloading dirt, and erecting batter boards shall be insufficient activities for these purposes. 8.2 RIGHT OF FIRST REFUSAL. For so long as any Owner has not commenced substantial and meaningful construction upon a lot covered by this Declaration, Declarant shall have the right to repurchase any of, such lots upon the terms and conditions set forth in this Paragraph 8.2. In the event such Owner shall receive a bona fide offer for the purchase of any Lot upon which has not already begun such construction of a single family residence, Owner shall either refuse such offer or give Declarant written notice setting out in full the details of such offer, which notice, among other things, shall include a true and correct copy of the offer made to Owner. Upon delivery of the notice with respect to such offer, Declarant shall have the exclusive right and option, exercisable at any time during a period of fifteen (15) days after the date of delivery of, such notice, to purchase such lot (or Lots) at the lesser of, (i) the bona fide purchase price per lot as set forth in the applicable sales contact or (ii) the price specified in such bona fide offer. Within fifteen (15) days after the date of the delivery of, such notice from Owner, Declarant shall give Owner a written statement indicating whether or not Declarant intends to exercise the option herein granted. Failure to notify Owner within such fifteen (15) day period shall be presumed an election not to exercise the option. Il'Declarant elects to exercise the option, the sale and purchase shall be closed upon the same date as contained in such bona fide offer: provided, however, in no event shall such closing occur prior to forty-five (45) days after the date of the delivery of such notice from Owner to Declarant, unless Declarant and Owner agree in writing on another date. If Declarant does not elect to exercise such option, Owner shall be free to sell any such Lot (or Lots) upon the terms and conditions set forth in such bona fide offer. Any sale after the failure of Declarant to exercise its option as herein provided must be made strictly upon the terms and conditions and to the person or entity described in such bona offer, and any sale to a different person or entity or upon changed terms and conditions shall be subject to the same option and the same notice requirements set forth herein. 8.3 WAIVER OF OBLIGATION TO IMPROVE PROPERTY. The provisions of paragraph 8.1 above may be waived or modified by Declarant as to any Lot purchased by an 15 Owner from such Declarant. In addition, Declarant shall have the right in its discretion from time to time to grant extensions of the said eighteen, (18) month period by written notice of such extension given to any Owner affected thereby. ARTICLE IX GENERAL PROVISIONS 9.1 EASEMENTS. (a) Utility_ easements. Easements for the installation, operation and maintenance of all public utilities desiring to use same and for drainage facilities are reserved for the purposes indicated as shown on the Subdivision Plat. Full rights of ingress and egress shall be had by Declarant, and any bona fide public utility company at all times over the easement areas for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility. The Lot Owner is responsible for the maintenance of all drainage and use easements platted as part of the respective lots. (b) Ingress, Egress and Maintenance, by the Association. Full rights of ingress and egress shall be had by the Association at all times over and upon the Areas of Common Responsibility for the purpose of maintaining the Areas of Common Responsibility as set forth herein. (c) Police Power Easement. With respect to streets, easements and rights-of-way within the Property, the City and all other government agencies and authorities shall have full rights of ingress, egress and access for personnel and emergency vehicles for maintenance, police and fire protection, drainage and other lawful police powers designed to promote the health, safety and general welfare of the residents within the Property. 9.2 ENFORCEMENT. The Declarant or the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, these restrictions, conditions and covenants and any reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the By-Laws and Articles of Incorporation of the Association. Failure by the Association or by any Owner to enforce any covenant or restriction herein imposed shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover reasonable attorneys fees from the non prevailing party. 9.3 SEVERABILITY. Invalidation of any one (1) of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. 9.4 TERM. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by Declarant (during the time it owns any Lots), the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years fi'om the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by vote, the then Owners of 67% of the Lots agree in writing to terminate or change this Declaration in whole or in part and such writing is recorded in the Real Property Records of Dallas County, Texas. 9.5 AMENDMENTS. Notwithstanding Section 9.4 of this Article, these Covenants and Restrictions may be amended and/or changed in part as follows: (a) during the ten (10) year period immediately following the date of recordation of the Covenants and Restrictions with the consent of at least fifty-one percent (51) % of the outstanding votes of all members in Good Standing; 16 (b) after ten (10) years, these Covenants and Restrictions may be amended or changed upon the express written consent of at least seventy-five (75) % of the outstanding votes of all members in Good Standing. No amendment shall be effective until a written instrument setting forth the terms thereof has been executed by the secretary of the Association confirming the vote of the Members adopting such amendment as required above and recorded in the office of the County Clerk of Dallas County, Texas. 9.6 GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and such grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed in each case. 9.7 MANNER OF ENFORCEMENT. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity, including, without limitation, an action for injunctive relief, it being acknowledged and agreed that a violation of the covenants, conditions and restrictions contained herein could cause irreparable injury to Declarant and/or the other Owners and that Declarant's and/or any Owner's remedies at law for any breach of the Owners' obligations contained herein would be inadequate. Enforcement may be commenced by the Association, the Declarant, or any Owner against any person or persons violating or attempting to violate them, and failure by the Association, the Declarant 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. 9.8 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 forty-eight (48) hours after deposited in the United States Mail, postage prepaid, certified or registered mail, and addressed to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. 9.9 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. 9.10 FORMATION OF ASSOCIATION: INSPECTION OF DOCUMENTS, BOOKR AND RECORDS. The Association shall be formed by Declarant as a non-profit corporation in accordance with the laws of the State of Texas. Management and governance of the Association shall be implemented and/or undertaken in accordance with its Articles of Incorporation, in accordance with this Declaration, and in accordance with the By-laws which shall be adopted by the Association following its formation. The Association shall make available at reasonable cost copies of the Declaration, By-laws, Articles of Incorporation, rules and regulations governing the Association. All minute books, meeting and other records and financial statements of the Association shall be held available for inspection by any Owner or any Mortgagee during normal business hours or at such other reasonable times as the Board of Directors may approve. 9.11 INDEMNITY. The Association may, except in the event of gross negligence or willful misconduct, indemnify, defend and hold harmless Declarant, the Board of Directors, the Committee and each director, officer, employee and agent of Declarant, the Board of Directors and the Committee from all judgments, penalties (including excise and similar taxes), fines, settlements and reasonable expenses (including attorneys' fees) incurred by such indemnified person under or in connection with this Declaration or the Property to the fullest extent permitted by applicable law. Such indemnity to include matters arising as a result of the sole or concurrent negligence of the indemnified party, to the extent permitted by applicable law. A Director is not liable to the Association or members for monetary damages for an act or omission in the Director's capacity as Director except as otherwise provided by a Texas statute. 9.12 FHA / VA APPROVAL REQUIREMENT. As long as there remains any Class B membership and any first lien mortgage is in effect with respect to any Lot which is insured by the Federal Housing Administration ("FHA") or the Veterans Administration ("VA"), the following 17 actions shall require prior approval of FHA or VA (to the extent such approval is required under the then applicable FHA or VA regulations), to wit: (i) amendment of the Articles of Incorporation, Declaration or Bylaws; (ii) annexation of additional property; and (iii) dissolution of the Association. 9.13 FAILURE OF ASSOCIATION TO PERFORM DUTIES. Should the Association or its Board fail or refuse to maintain such Areas of Common Responsibility to City specifications for an unreasonable time, not to exceed ninety (90) days after written request to the Association to do so, the City of Coppell, by and through a majority of its City Council members, shall have the right to enforce these covenants and levy assessments necessary to maintain the Areas of Common Responsibility listed is Section 1.2. It is understood that in such event, the City of Coppell, Texas, through its City Council, may elect to exercise the rights and powers of the Association or its Board, to the extent necessary to take any action required and levy any assessment that the Association might have, either in the name of the Association, or otherwise, to cover the cost of maintenance of said Areas of Common Responsibility. The obligations described in this paragraph are solely obligations of the Association, and no other party, including without limitation, the Declarant or any Owner, shall have any liabilities or obligations in connection therewith. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereto set its hand this the __ day of ,1996. M & M Development, Inc. a Texas corporation By: Dennis A. Morales, President 18 THE STATE OF TEXAS COUNTY OF DALLAS This instrumem was acknowledged before me on the day of ,1996, by Dennis A. Morales, President ofM & M Development, Inc., a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has executed the same for the purposes and consideration therein expressed and in the capacity therein stated. Notary Public In And For The State Of Texas (Printed Name of Notary) My Commission Expires: 19 EXHIRIT "A" BEING 27 Lots out of ASHTON RIDGE, an addition to the City Coppell, Dallas County, Texas according to the recorded plat thereof fried of record in Volume , Page at the Map Records of Dallas County, Texas, same more particularly described as follows: Lots 1 through 27, Block A, Common Area Lot 28, Block A 2O [ t! .q Isabelle Moro Planning and Community Services City of Coppell 255 Parkway Blvd. Coppell, Texas ROBERT LANGE scape a rchitect RE: Ashton Ridge Deed Restrictions Dear Ms. Moro: Please find enclosed a copy of the revised draft of the deed restrictions for the Ashton Ridge Addition. The purpose of the revisions was to respond to the two comments that you conveyed to me over the phone. These are (1) to provide a more specific definition of Common Area in paragraph 1.06 and (2) to provide for the City of Coppell's right to take over both the maintenance and assessment roles of the Homeowner's Association should it become necessary. Mr. Dan Claiborne, Moneyline's attorney, has some concerns regarding the Common Area definition, however, paragraphs 3.02 and 3.03 should address the conunents mentioned above. Mr. Claiborne will contact your City Attorney, Mr. Peter Smith, regarding the Common Area definition. Isabelle, although these documents will continue to evolve, we feel that the enclosed document should address your specific concems. If you have any questions or require additional information, please do not hesitate to call. Respectfully submitted Robert Lange Landscape Architect N,a LANDSCAPE ARCHITECTURE 752,10 7e',ephcne: (214) 960-8901 Facsimile: (214) 392-0739 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONs Preamble This Declaration of Covenants, Conditions, and Restrictions is made on April , 1996, at Coppell, Texas, by MONEYLINE CONSTRUCTION CORPORATION, INC., a Texas corporation ("Declarant"), whose mailing address is 1301 W. Hwy. 407, #201-280, Lewisville, Texas 75067. Recitals WHEREAS, Declarant is the owner of all that certain real property ("the Property") located in Dallas County, Texas, described on Exhibit "A" attached hereto and incorporated herein by reference. WHEREAS, Declarant has devised a general plan for the entire Property as a whole, with specific provisions for particular parts and parcels of the Property. This general plan provides a common scheme of development designed to protect and safeguard the Property over a long period. WHEREAS, this general plan will benefit the Property in general, the parcels and lots that constitute the Property, the Declarant, and each successive owner of an interest in the Property. WHEREAS, therefore, in accordance with both the doctrines of restrictive covenant and implied equitable servitude, the Declarant desires to restrict the Property according to these covenants, conditions, and restrictions in furtherance of this general development plan. NOW, THEREFORE, it is declared that all of the Property shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions: ARTICLE i Definitions 1.01. "Association" means an incorporated association consisting of all Owners, which shall have the duty of maintaining, operating, and managing the Common Area as provided in this Declaration. Each Owner shall become a member of the Association contemporaneously with acquiring a Lot, without any further documentation of any kind. 1.02. "Board" means the Board of Directors of the Association named in the Articles of Incorporation and any successors as duly elected and qualified from time to time. 1.03. "Building" shall mean any vertical structure located on the land. 1.04. "Bylaws" shall mean the Bylaws of the Association initially adopted by the Board of Directors, as duly amended from time to time. 1.05. "City" shall mean the City of Coppell, Texas. 1.06. "Common Area" means the entire Property except for the Lots, street right-of-way, curbs, alleys, and sidewalks, subject to all easements and rights described in this Declaration. It also shall mean Lot 28 which is to be owned in fee simple by the Association. 1.07. "Covenants" shall mean the covenants, conditions, easements, charges, servitudes, liens, reservations, and assessments set forth herein. 1.08. "Developer" means Declarant and its successors and assigns who acquire more than two (2) undeveloped Lots from Declarant for the purpose of development. 1.09. "Lot" means any of the plots of land shown on the plat and subdivision map recorded in Volume at Page of the Real Property records of Dallas County, Texas (the "Map"), on which there is or will be built a single family dwelling. The term "Lot" does not include the Common Area. 1.10. "Owner" means the record owner or owners of the fee simple title to any Lot or portion of a Lot in the Property on which there is or will be built a detached single family dwelling. -2- "Owner" includes contract sellers but excludes persons having only a security interest. 1.11. "Plat" shall mean that certain Plat depicting the Ashton Ridge Subdivision, an addition to the City of Coppell, Dallas County, Texas, as approved by the City Council of the City of Coppell, Texas for recording in the Map Records of Dallas County, Texas, as the same may be amended from time to time. 1.12. A "qualified person" means a person who is a licensed architect, landscape architect, licensed general contractor, or city planner of Coppell, Texas, or member of the Board. 1.13. "Residence" shall mean that portion of a Building which is located wholly on a Lot and which is designed as a single-family dwelling unit (including that portion of any such Residence which is a garage for the parking of automobiles). ARTICLE 2 Architectural Control 2.01. Developer shall designate and appoint an Architectural Control Committee consisting of not less than three (3) qualified persons, which shall serve at the pleasure of the Developer. After the Developer no longer owns any Lot, the Architectural Control Committee shall serve at the pleasure of the Board. 2.02. The Architectural Control Committee must review and approve in writing all of the following projects on the Property: (a) Construction of any building, structure. fence, wall, or other (b) Any exterior addition, change, or alteration in any building, fence, wall, or other structure. (c) Any landscaping or grading of any Lot or Lots. 2.03. To obtain approval to do any of the work described in Paragraph 2.02, an Owner must submit an application to the Architectural Control Committee showing the plans and specifications for the proposed work. Such plans and specifications shall detail the nature, shape, height, materials, colors, and location of the proposed work. 2.04. The Architectural Control Committee shall review applications for proposed work in order to (1) ensure conformity of the proposal with these covenants, conditions, and restrictions and (2) ensure harmony of external design in relation to surrounding structures and topography. An application can be rejected for providing insufficient information. The Committee shall have broad, discretionary authority to interpret and apply these standards. In -3- rejecting an application, the Committee should detail the reasons for rejection and suggest how the applicant could remedy the deficiencies. 2.05. If the Architectural Control Committee fails either to approve or reject an application for proposed work within forty- five (45) days after submission, then Committee approval shall not be required, and the applicant shall be deemed to have fully complied with this Article. 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 reason 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 officers, directors, members, employees or agents of any of them, to recover any such damages and hereby releases and quitclaims any 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 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 3 Exterior Maintenance 3.01. If an Owner of any Lot fails to maintain the premises in a neat and orderly manner, the Developer or the Architectural Control Committee shall have the right, through its agents and employees, to enter the Lot in order to repair, maintain, and restore the Lot, including landscaping, and the exterior of any buildings and other improvements located on the Lot, all at the expense of the Owner. 3.02 For purposes of these retrictions, in the Common Area the Association shall be responsible for the operation, maintenance, repair and, if required, the replacement of masonry entry features, masonry screen walls, signage, lighting, landscaping, and irrigation. The area requiring maintenance by the Association occur (a) on lot 28 which is owned by the Association, (b) within the screen wall easements to the Association on lots 1, and 23-27 of Block "A", as shown on the plat of the Properties, and -4- (c) within the west parkway of Heartz Road and the north parkway of Sandy Lake Road. 3.03 Should the Association or its Board fail or refuse to maintain such Common Areas to City specifications for an unreasonable time, not to exceed ninety (90) days after written request to the Board to do so, the City of Coppell, by and through a majority of its City Council members, shall have the right to enforce these covenants and levy assessments necessary to maintain the Common Areas listed in Section 3.02. It is understood that in such event, the City of Coppell, Texas, through its City Council, may elect to exercise the rights and powers of the Association or its Board, to the extent necessary to take any action required and levy any assessment that the Association might have, either in the name of the Association, or otherwise, to cover the cost of maintenance of said Common Areas. ARTICLE 4 Use Restrictions and Architectural Standards 4.01. Ail Lots shall be used for single-family residential purposes only. Single family use consists of use as a dwelling by a single person, or two or more natural persons who are related by marriage or kinship or by not more than three (3) natural persons who are not related by marriage or kinship. However, Developer, as well as any other person engaged in the construction and sale of residences on the Property, shall have the right, during the construction and sales period, to use facilities as may be reasonably necessary or convenient for its business purpose of constructing and selling residences on the Property. 4.02. No building shall be erected, altered, or permitted on any Lot other than one detached single-family dwelling not to exceed two stories in height, with a private garage for not more than three (3) automobiles and at least two (2) automobiles. However, Developer, as well as any other person engaged in the construction and sale of residences on the Property, shall have the right, during the construction and sales period, to construct and maintain such facilities as may be reasonably necessary or convenient for its business of constructing and selling dwelling units on the Property, including, but not limited to, offices and storage areas. All houses with an alley abutting the rear lot line shall have the garage opening toward the alley. The garage door on each lot shall be kept closed at all times except when such garage is being entered or exited, and all garages which face a public street shall have operational automatic garage door openers. 4.03. Any residence constructed on a Lot must have an air- conditioned ground floor area of not less than 2,000 square feet, with a minimum of 1,500 square feet on the ground floor exclusive of open or screened porches, terraces, patios, driveways, carports, and garages. The exterior building design shall be consistent with the other houses built or to be built on the Property. The exterior walls of any residence shall consist of not less than eighty percent (80%) masonry construction, provided, however, that the side and rear portions of houses which back to or side to Heartz Road and/or Sandy Lake Road shall be one hundred percent (100%) masonry construction. Exterior chimneys shall be one hundred percent masonry construction. Metal fireboxes for chimney interior will be allowed. 4.04. Ail roofs shall be constructed of fireproof materials consisting of #240 composition roofing material. All exterior colors, textures, and materials must be compatible not only with this specified design motif but also with adjacent and surrounding Lots, and over-all community appearance. No wooden shingle roofs shall be allowed. 4.05. Building setback lines shall conform to the requirements of the City of Coppell and the Plat of the Properties. The 10' sideyard setback on Lots 17 and 18 of Block A shall also apply to fencing. For purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of the building; provided, however, that this shall not be construed to permit any portion of the building on any Lot to encroach upon another Lot. If two or more Lots, or portions of two or more Lots, are consolidated into a building site, these building setback requirements shall apply to the resulting building site as if it were one original, platted Lot. 4.06. Except for children's playhouses, dog houses, greenhouses, gazebos, and buildings for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any lot, it being the intention and purpose of these provisions that only new construction be placed and erected thereon. 4.07. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Map. No utility company, water district, political subdivision, or other authorized entity using these easements shall be liable for any damage done by them or their assigns, agents, employees, or servants, to shrubbery, trees, flowers, or to other property of the Owner situated in the easement. 4.08. No noxious or offensive activity shall be conducted on any Lot that may be or may become an annoyance or nuisance to the neighborhood. 4.09. No structure not approved for residential use by the Architectural Control Committee, including but not limited to trailers, mobile homes, motor homes, basements, tents, shacks, garages, and other outbuildings and accessory structures, shall be used on any Lot at any time as a residence, either temporarily or permanently. -6- 4.10. No signs of any type Shall be allowed on any Lot except one sign of not more than five square feet advertising the property for sale or rent. However, Developer, as well as any other person engaged in the construction and sale of residences on the Property shall have the right, during the construction and sales period, to construct and maintain signs larger than five square feet advertising the construction and sale. 4.11. No oil well drilling, development, or refining, and no mineral quarrying or mining operations of any kind shall be permitted on any Lot. No oil well, tank, tunnel, mineral excavation, or shaft shall be permitted on any Lot. No derrick or other structure designed for use in boring for oil, natural gas, or other minerals shall be erected, maintained, or permitted on any Lot. 4.12. No garbage or trash will be placed about the exterior of any Building, except in receptacles meeting the specifications of the City of Coppell, Texas, and the Board of Directors, and the placement, maintenance, and appearance of all such receptacles shall be subject to reasonable rules and regulations of the Board of Directors. All rubbish, trash, and garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. No Lot shall be used or maintained as a dumping ground for rubbish or trash. All garbage and other waste shall be kept in sanitary containers. There shall be no burning or incineration of trash, garbage, leaves, brush, or other debris. 4.13. No individual sewage-disposal system shall be permitted on any lot unless the system is designed, located, and constructed in accordance with the requirements, standards, and recommendations of City. Approval of the system as installed shall be obtained from that authority. 4.14. No individual water-supply system shall be permitted on any lot unless the system is located, constructed, and equipped in accordance with the requirements, standards, and recommendations of City. Approval of the system as installed shall be obtained from that authority. 4.15. Protective screening areas are established as shown on the Map, including a 5' wall and landscape easement on Lots 23-26 of Block A, and a 10' wall and landscape easement on Lots 1 and 27 of Block A. Except as provided by Paragraph 4.16, planting, fences, or walls shall be maintained throughout the entire length of the protective screening areas by the Association at its expense to form an effective screen for the protection of the residential area. No building or structure, except a screen fence or wall, or facilities for utilities or drainage, shall be placed or permitted to remain in the areas. No vehicular access over the areas shall be permitted except for the purpose of installation and maintenance of screening, utilities, and drainage facilities. -7- 4.16. No fence, wall, hedge, or shrub planting that obstructs sight lines at elevations between 2.5 feet and 9 feet above the roadway shall be placed or permitted to remain on any corner lot in the triangular area formed by the street curb lines and a line connecting them at points 45 feet from the intersection of the curb lines, or in the case of a rounded property corner, from the intersection of the street property lines as extended. The same sight-line limitations shall apply on any Lot within 45 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of intersections unless the foliage line is maintained to meet the sight line requirements set forth above. 4.17. No air conditioning apparatus shall be installed on the ground in front of a residence. No air-conditioning apparatus shall be attached to any front wall or window of a residence. No evaporative cooler shall be installed on the front wall or window of a residence. 4.18. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that a reasonable number of dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purpose. Pets must be restrained or confined in the back of each lot inside a fenced area or within the house. It is the pet owner's responsi- bility to keep the lot clean and free of pet debris. All animals must be properly tagged for identification. 4.19. No fence, wall, hedge, or utility meter shall be placed, or permitted to remain, on any Lot nearer to the street or streets adjoining such Lot than is permitted for the main residence on such Lot, except for decorative subdivision entry fences. 4.20. No truck or bus (except a passenger van for personal use) or trailer shall be left parked in the street in front of any Lot, except for construction and repair equipment while a residence or residences are being built or repaired in the immediate vicinity. No truck or bus (except a passenger van for personal use) or boat or trailer shall be parked on the driveway or any portion of the Lot in such manner as to be visible from the street. 4.21. No boat, marine craft, hovercraft, aircraft, recreational vehicle, pick-up camper, travel trailer, motor home, camper body or similar vehicle or equipment may be parked for storage in the driveway or front yard of any dwelling or parked on any public street on the Property, nor shall any such vehicle or equipment be parked for storage in the side or rear yard of any residence unless completely concealed from public view. No such vehicle or equipment shall be used as a residence or office temporarily or permanently. This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a residence in the immediate vicinity. -8- 4.22. No fireplace or wood-burning stove shall be installed or used on any Lot unless it meets the requirements, standards, and recommendations of City. 4.23. No television, radio, satellite disk, or other pole, mast, or antenna of any type shall be placed, allowed, or maintained upon any Lot or Building without prior written approval and authorization of the Board of Directors, as hereinabove defined. The Board of Directors may consider permitting such if such receivers are screened from view from any street or road. Small satellite dishes (less than 19" in diameter) shall be allowed inside the house and may be seen from a window. 4.24. No water softener shall be installed or used that discharges effluent brine into the sewage system. Location, type, and screening of water softeners and air conditioning units shall be first approved by the Architectural Control Committee before installation or use. ARTICLE FIVE Easements 5.01. Ail easements and all alleys for the installation and maintenance of utilities and drainage facilities are reserved as shown on the Map. No shrubbery, fence, or other obstruction shall be placed in any easement or alleyway. Right of use for ingress and egress shall be available at all times over any dedicated easement or alleyway for purposes of installing, operating, maintaining, repairing, or removing any utility or any obstruction placed in such easement or alleyway that would interfere with the installation, maintenance, operation, or removal of such utility. 5.02. No gas, electric power, telephone, water, sewer, cable television, or other utility or service lines of any nature or kind shall be placed, allowed, or maintained upon or above the ground on any Lot, except along the perimeter boundary of the Land except to the extent, if any, underground placement thereof may be prohibited by law or would prevent the subject line from being functional. The foregoing shall not prohibit service pedestals and above-ground switch cabinets and transformers where required. ARTICLE SIX Association 6.01. Every Owner of a Lot shall automatically be and must remain a Member of the Association in good standing. The Board of Directors of the Association (the "Board") may declare that an Owner is not a Member in good standing because of past unpaid dues, fines, late charges, interest, legal fees, and/or any other unpaid -9- assessments of any nature. The Board may temporarily suspend the voting rights of any Member who is not in good standing until such past unpaid amounts are paid in full. 6.02. The Association shall have three (3) classes of voting membership: CLASS A: Class A Members shall be all Members other than Class B and Class C 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 each Lot shall be exercised as they, among themselves, determine, but in no event shall more than one (1) vote be cast with respect to any such Lot. CLASS B: Class B Members shall be any bona fide Owner who is engaged in the process of constructing a residential dwelling on its Lot for sale to consumers. Class B Members 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: (±) when the total number of votes outstanding in the Class A membership equals the total number of votes outstanding in the Class C membership; or (ii) on the tenth (10th) anniversary of the date hereof, whichever occurs first in time. CLASS C: Class C shall be Declarant Moneyline Construction Corporation, Inc. Class C shall be entitled to four (4) votes for each Lot which it owns and for each Lot owned by Class B Members who purchased Lots initially owned by such Class C. Notwithstandin9 the aforementioned voting rights within the Association, until Declarant no longer owns record title to (or a lien interest in) any Lot, or until January 31, 2006, whichever occurs first in time, neither the Association nor the Members shall take any action inconsistent with this Declaration without the consent and approval of Declarant. 6.03. (a) Subject to the provisions of Section 6.02 and Paragraph (d) of this Section 6.03, any action authorized by Sections 7.01 and 7.03 of Article Seven shall require the assent of the majority of the vote of those eligible voters who are voting in person or by proxy at a meeting duly called for that purpose, written notice of which shall be given to all Members not less than ten (10) days normore than sixty (60) days in advance and shall set forth the purpose of such meeting. (b) The quorum required for any action referred to in Paragraph (a) of this Section shall be as follows: -10- At the first meeting called, the presence at the'meeting of Members, or of proxies, entitled to cast fifty-five percent (55%) of all of the votes of each voting class shall constitute a quorum. If the required quorum is not present at the first meeting, one additional meeting may be called, subject to the notice requirement hereinabove 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 after the first meeting. (c) The quorum required for any action other than that action referred to in Paragraph (a) of this Section shall be as follows: At the first meeting called, the presence at the meeting of Members, or of proxies, entitled to cast thirty percent (30%) of all of the votes of each eligible voter in each voting class shall constitute a quorum. If the required quorum is not present at the first meeting, one additional meeting may be called, subject to the notice requirement hereinabove 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 after the first meeting. (d) As an alternative to the procedure set forth above, any action referred to in Paragraph (a) of this Section may be taken with the assent given in writing and signed by Members who hold more than sixty percent (60%) of the eligible outstanding votes of each voting class; and any action referred to in Paragraph (c) of this Section may be taken with the assent given in writing and signed by Members who hold more than thirty percent (30% of the outstanding votes of each voting class. (e) Except as specifically set forth in these Covenants, Conditions, and Restrictions, notice, voting and quorum requirements for all action to be taken by the Association shall be consistent with its Articles of Incorporation and Bylaws, as amended from time to time. 6.04. Association membership can be transferred to the grantee of a conveyance of a Lot in fee. Membership shall not be assigned, pledged, or transferred in any other way. Any attempt to make a prohibited transfer shall be void. 6.05. The Association shall be incorporated as a nonprofit corporation. The Association shall be managed by the Board pursuant to the procedures set forth in the Association's articles of incorporation and bylaws, subject to this Declaration. 6.06. Each Owner shall be entitled to the voting rights stated above. There shall be at least one meeting of the membership each year. At that meeting, the Owners shall elect a Board consisting of -11- three (3) directors, vote on any other matters the Board chooses to place before the membership, and discuss any matter of Association business that the Board or any Owner wishes to bring before the entire membership. 6.07. Through the Board, following powers and duties: the Association shall have the (a) To adopt rules and regulations Declaration and the Association's bylaws. to implement this (b) To enforce this Declaration, the bylaws, its rules and regulations. (c) To elect officers of the Board and select members of the Architectural Control Committee when that power devolves to. the Board. (d) To delegate its powers to committees, officers, or employees. (e) To prepare a balance sheet and operating income statement for the Association and deliver a report to the membership at its annual meeting. (f) To establish and collect regular assessments to defray expenses attributable to the Association's duties, to be levied against each Owner, including Developer. (g) To establish and collect special assessments for capital improvements or other purposes. (h) To file liens against unit owners because of nonpayment of assessments duly levied and to foreclose on those liens. (i) To receive complaints regarding violations of this Declaration, the bylaws, or the rules and requlations. (j) To hold hearings to determine whether to discipline Owners who violate this Declaration, the bylaws, or the rules and regulations. (k) To give reasonable notice to all Owners of all annual meetings of the membership and all discipline hearings. (1) To hold regular meetings of the Board at least quarterly. (m) To manage and maintain all of the Common Area in a state of high quality and in good repair. (n) To pay taxes and assessments that are or could become a lien on the Common Area. -12 - (o)~ To pay the costs of any liability insurance and fire insurance on the Common Area. ARTICLE SEVEN Assessments, Maintenance Fund and Assessment Liens Section 7.01. The Association shall possess the right, power, authority and obligation to establish a monthly assessment sufficient in the judgment of the Board to pay when due all charges and expenses related to the operations of the Association. Such monthly assessments so established shall be payable by the Owners on the first day of each calendar month. They shall be applied to the payment of charges for which the Association is responsible, including, without limitation, charges relating to the maintenance and repair of the roadways existing on the Land, public liability and other insurance coverage which is required or permitted to be maintained by the Association, taxes, assessments and other governmental impositions not separately levied and assessed, utilities not separately assessed, professional services (such as accounting and legal), and such other costs and expenses as may reasonably relate to the proper operation, management and administration of the Association. No consent or approval of the Owners shall be required for the establishment of the monthly assessments contemplated by this section. Notwithstanding anything to the contrary herein, the Developer shall be exempted from paying any assessment on Lots owned by the Developer until the later of either (a) December 31, 1996 or (b) the time that the total number of Lots owned by the Class A members first equals or exceeds three (3) times the total number of Lots owned by the Class C member. Section 7.02. Prior to the commencement of each calendar year, the Association, through the Board, shall prepare and deliver to each of the Owners a budget setting forth the anticipated expenses for the ensuing year. Such budget shall be in sufficient detail so as to inform each Owner of the nature and extent of the expenses anticipated to be incurred, and shall be accompanied by a statement setting forth each Owner's monthly pro rata share thereof and the date on which such monthly assessment first commences to be payable. No further communication shall be necessary to establish the amount of each Owner's obligation regarding the monthly assessment payable hereunder, and the failure of the Board to timely deliver the budget provided for herein shall in no event excuse or relieve an Owner from the payment of the monthly assessments contemplated hereby. Any budget prepared and delivered to the Owners as hereby contemplated may be amended as and to the extent reasonably necessary, and the amount of an Owner's monthly assessment changed, to correspond therewith. Section 7.03. In addition to the monthly assessments contemplated hereunder, the Association shall possess the right, power and authority to establish special assessments from time to time as may be necessary or appropriate in the judgment of the -13- Board to pay (i) non-recurring expenses relating to the proper operation, management and the administration of the Association, or (ii) non-recurring expenses relating to the proper maintenance, care, alteration, improvement, or reconstruction of specific Lots (including the Buildings thereon) in the manner hereinafter specified. Section 7.04. Each Owner shall be personally obligated to pay his pro rata share of all assessments established pursuant to these Covenants. Each Owner's pro rata share shall be equal to a percentage of the total amount of the assessments established pursuant to these Covenants determined by dividing one by the total number of Lots. Any unpaid assessments shall constitute the personal obligation of the Owner of such Lot at the time such assessment became due. No Owner shall be entitled to exempt himself from the liability of such Owner's obligation to pay such assessments by an abandonment of his Lot or by any other action whatsoever. Any such assessment not paid within fifteen (15) days of the date due shall bear interest at the rate of eighteen percent (18%) per annum, and shall be recoverable by the Association, together with interest as aforesaid and all costs and expenses of collection of suit, including reasonable attorney's fees, in a court of competent jurisdiction sitting in Dallas County, Texas. It shall be the responsibility of the Board to collect any such delinquent assessments, the existence of which shall be made known by written notice delivered to the defaulting Owner and such Owner's First Mortgagee. Section 7.05. An Owner's pro rata share of all assessments established pursuant to these Covenants shall be secured by a lien upon such Owner's Lot and the Residence located thereon in favor of the Association, which lien shall be prior and superior to all of the liens and encumbrances upon such Lot and Residence, regardless of how created, evidenced or perfected, other than the liens securing the payment of First Lien Indebtedness and the lien for unpaid taxes, assessments and other governmental impositions. Such lien and encumbrance may be enforced by any means available at law or in equity, including, without limitation, a non-judicial foreclosure sale of the Lot of a defaulting Owner conducted in accordance with the provisions of V.T.C.A. Property Code 51.002 with the Board having the power to appoint a trustee to conduct such sale. The Association or any other Owner may be the purchaser at such foreclosure sale. Section 7.06. The Association shall promptly transmit to an Owner, such Owner's First Mortgagee, or any other interested party requesting such information, a statement setting forth the amount of any delinquent assessments payable by an Owner, as well as the amount of the monthly assessment payable at the time of such request. -14- Section 7.07. (a) Until January 1st of 1997 the regular maximum annual Assessment shall be $300.00 per Lot. (b) From and after January 1st of 1997, the maximum regular annual assessment may be increased by an amount up to fifteen percent (15%) over the preceding year's regular annual assessment solely by the Board of Directors. Any increase over and above 15% of the previous year's regular annual assessment shall be done only by the prior written approval of sixty percent (60%) of the outstanding votes (determined pursuant to Section 6.02 hereof) held by the Members at a meeting at which a quorum is present. ARTICLE EIGHT General Provisions 8.01. The Developer or the Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this Declaration. Failure to enforce any covenant or restriction shall not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. All waivers must be in writing and signed by the party to be bound. 8.02. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, and all other provisions shall remain in full force and effect. 8.03. These easements, restrictions, covenants, and conditions are for the purpose of protecting the value and desirability of the Property. Consequently, they shall run with the real property and shall be binding on all parties having any right, title, or interest in the Property in whole or in part, and their heirs, successors, and assigns. These easements, covenants, conditions, and restrictions shall be for the benefit of the Property, each Lot, and each Lot Owner. 8.04. The covenants, conditions, and restrictions of this Declaration shall be effective for a term of 25 years from the date this Declaration is recorded, after which period the covenants, conditions, and restrictions shall be automatically extended for successive periods of 10 years subject to termination by an instrument signed by more than 50 percent of the Owners. The covenants, conditions, and restrictions of this Declaration may be amended by an instrument signed by more than 75 percent of the Owners. Neither any amendment nor any termination shall be effective until recorded in the Real Property records of Dallas County, Texas, and all requisite governmental approvals, if any, have been obtained. -15- 8.05. If any controversy, claim, or dispute arises relating to this instrument, its breach, or enforcement, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 8.06. This Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the Property. 19 This Declaration is executed this __, at , Texas. day of , MONEYLINE CONSTRUCTION CORPORATION, INC. By: Dennis A. Morales, President ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on , 1996, by Dennis A. Morales, President of Moneyline Construction Corporation, Inc., a Texas corporation, on behalf of the corporation. Notary Public, State of Texas -16- Coppell, Texas 75019 P.O. Box 478 Coppell, Texas 75019 214-462-0022 May 15, 1996 Moneyline Construction Corporation 1301 West Highway 407,//201-208 Lewisville, TX 75067 RE: Ashton Ridge, Preliminar~ Plat Dear Sir/Madam: This letter is to inform you that Ashton Ridge, Preliminary Plat, to allow the development of a 27-1ot planned development single family subdivision on 7.72 acres of property located at the northeast comer of Heartz and Sandy Lake Roads, based on the plan submitted on April 18, 1996, subject to Engineering Comments (copy attached), was approved by the Coppell City Council on Tuesday, May 14, 1996. City Council will allow the following variances: 1) 2) The cul-de-sac length exceeds the 600-foot minimum, and Lots 13 through 27 do not have alleys. In addition, Council granted the Planning and Zoning Commission to be the approval authority on your Final Plat. If you have any questions, please contact me at (214) 304-3675. Sincerely, .P. ~ Community Services ~Attachment- Engineering comments cc: Rob I_ange Isabelle Moro, P&Z Coordinator Building Inspection DEVELOPMENT REVIEW COMMITTEE ENGINEERING COMMENTS ITEM: Ashton Ridee. Pre'hminary_ Plat, to allow the development of a 27-lot planned development single family ~n on 7. 72 acres of property located at the northeast comer of Heartz and Sandy Lake Roads, at the request of HAP Engineering & Associates, Inc. DRC DATE: March 28, 1996 and April 4, 1996 CONTACT: ~tke Martin, E.I.T., Assistant City Engineer 004-3679) COMMENT STATUS: DDV' ,n,,n~ Dy ~FINAL ~ A ~,~ P&Z Preliminary Plat 1. Show the existing right-of-way for Sandy Lake Road and Heartz Road. 2. Show visibility sight triangles at all street intersections. 3. Impact fees required. 4. Correct vicinity map with regard to street names. 5. Show the zoning of all adjacent properties. 6. The plat needs to reflect the proposed street alignment for Ashton Ridge Lane. 7. The detail on the preliminary plat showing the proposed r.o.w clips for sidewalk does not appear to be constructable. This detail needs to be drawn to scale. As per our review, the sidewalk could not be constructed as shown in the detail at the corner of Ashton Ridge Lane and Ashton Ridge Court due to the location of proposed inlets. Also, it appears as though with the proposed radius, the 3'x3' r.o.w clip is not adequate room to construct the sidewalk. Please provide 10'xl0' r.o.w clips. 8. The note stating "Lot Two shall provide a 15'x15' driveway easement to Lot One for alley access" needs to be removed from the plat. 9. The alley right-of-way needs to be dedicated in accordance with our Standard Details i.e. radius. Site Plan & Zoning Exhibit 1. Show proposed Sandy Lake Road alignment. 2. Show right-of-way on all streets and street names. Storm Drainage Plans 1. Locations of proposed inlets in existing alley needs to be coordinated with the Engineering Department. 2. Provide positive overflow at all low points. ZONED: SF-12 B£NsO ZONED: LEWIS SF-12 PADGL-T[ I I I I HEARTZ ROAD I WOOl)CREST LANE i iiii NEARTZ ROAD (60' ROW) -J Coppell, Texas 75019 P.O. Box 478 Coppell, Texas 75019 214-462-0022 April 19, 1996 Moneyline Construction Corporation 1301 West Highway 407,//201-208 Lewisville, TX 75067 RE: Ashton Ridge, Preliminary Plat Dear Sir/Madam: This letter is to inform you that Ashton Ridge, Preliminary Plat, to allow the development of a 27-1ot planned development single family subdivision on 7.72 acres of property located at the northeast comer of Heartz and Sandy Lake Roads, based on the plan submitted on April 18, 1996, subject to Engineering Comments (copy attached), was recommended for approval by the Coppell Planning and Zoning Commission on Thursday, April 18, 1996. City Council will need to waive the following two requirements: 1) 2) The cul-de-sac length exceeds the 600-foot minimum, and Lots 13 through 27 do not have alleys. The date scheduled for consideration by the Coppell City Council is Tuesday, May 14, 1996, at 7:30 p.m. A representative for this case must be present at this meeting. Failure to represent this item may result in the denial of this application. ":~ If you have any questions, please contact me at (214) 304-3675. ~ ~ Sincerely, Pert Virtanen Assistant Director of Planning & Community Services cc: Rob Lange Isabelle Moro, P&Z Coordinator Building Inspection DEVELOPMENT It EVIEW COMMITTEE ENGINEERING COMMENTS ITEM: Ashton Ridge, Preliminary Plat-_ to allow the development of a 27-lot planned development single family subdivision on 7. 72 acres of property located at the northeast comer of Heartz and Sandy Lake Roads, at the request of HAP Engineering & Associates, Inc. DRC DATE: March 28, 1996 and April 4, 1996 CONTACT: Mike Martin, E.I.T., Assistant City Engineer 004-3679) COMMENT STATUS: ovr'r ,a~,nTA ov ,/FINAL ~ Preliminary Plat 1. Show the existing right-of-way for Sandy Lake Road and Heartz Road. 2. Show visibility sight triangles at all street intersections. 3. Impact fees required. 4. Correct vicinity map with regard to street names. 5. Show the zoning of all adjacent properties. 6. The plat needs to reflect the proposed street aligmnent for Ashton Ridge Lane. 7. The detail on the preliminary plat showing the proposed r.o.w clips for sidewalk does not appear to be constructable. This detail needs to be drawn to scale. As per our review, the sidewalk could not be constructed as shown in the detail at the corner of Ashton Ridge Lane and Ashton Ridge Court due to the location of proposed inlets. Also, it appears as though with the proposed radius, the 3'x3' r.o.w clip is not adequate room to construct the sidewalk. Please provide 10'xl0' r.o.w clips. 8. The note stating "Lot Two shall provide a 15'x15' driveway easement to Lot One for alley access" needs to be removed from the plat. 9. The alley right-of-way needs to be dedicated in accordance with our Standard Details i.e. radius. Site Plan & Zoning Exhibit 1. Show proposed Sandy Lake Road alignment. 2. Show right-of-way on ail streets and street names. Storm Drainage Plans 1. Locations of proposed inlets in existing alley needs to be coordinated with the Engineering Department. 2o Provide positive overflow at all low points. April 9, 1996 ROBERT LANGE Mr. Gary Sieb Director Planning & Community Services City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Preliminary Plat for Ashton Ridge Dear Mr. Sieb: Please find enclosed the corrected zoning and prelimary plat submittal for the above referenced development. Included are (28) folded blueline prints, (1) 8 1/2 x 11 clear acetate reduction and (3) 8 1/2 x 11 paper positive reductions of each of the following documents: Site Plan & Zoning Exhibit Screen Wall & Planting Plan CCR and HOA Documents (one draft copy only) - Preliminary Plat Water & Waste Water Plan Storm Drain Plan Gary, we have sent a dimensioned sketch for further review concerning realignment of Ashton Ridge Lane to save a 28" Oak. The drawings will be revised when an alignment acceptable to the Engineering Department is agreed to. We propose to submit the required irrigation plan along with more detailed landscape and screen wall plans when the construction plans for the development are submitted so we can utilize finalized bases. If you require any additional information, please do not hesitate to call. Respectfully submitted Robert Lange Landscape Architect XC. Dennis Morales Gary Hobbs David Chaney : AN[3 PLANfilNG A,~[)SCAP[~ ARCHiI'E:C [ tJRE CITY OF COPPELL gURDIVI$ION APPLIC' ~0__~N 1. Subdivision Name 2._ Preliminary Plat 3. F-INAL PLAT 5~._Street.~ Ci:e~ ....... '~ b ~= ~-~ ......Zip Phone °, Firm Preparing Plat ~4~ ~l[~ G~I4~~l°~- p~L~ ~ Street :: Cityf State Phone ~ (~3 ~)0 .~0o~ ~' :': ~dress Phone Street Cify Developer ~ddress Zip State Zip Phone # Street City State Zip -- City, All Correspondence relative to whom: Name - Address 14~;% ~'%~1~'.~. C~4~L ~ ~o~ ' State,_Zip~u'~ ' ~x~-'%~q-~3 Phone ~ (%lR)O~ - this application should be directed to General Location of Property .What is the present Zoning District? ~'12--' Are you~ any zoning change? (~$ - ~P/~-9 ) ' ~i! If yes, what File # Z~ning-di~tri~t R~quested?' ~p ~-~ 10. Proposed Subdivision Contains: SUBAPP Land Use Sin.qle Family Duplex Multi-Family Commercial Industrial Public Street R/W Parks, Public TOTAL: No. requesting is the Case of Lots or Units Acres (for,ea. use) 'k~ '~ <'( PROPERTY OWNE ) FLAMINGO HOMES ' '~ 1301 W. HWY. 407 201-280 ~ LEWlSVlU-E, TX 75057 - HIGHLAND VILLAGE, TEXAS 75067 88-1714-1119 4585 PAY TO THE ORDER OF FIVE HUNDRED EIGHT AND 00/100 DOLLARS DATE AMOUNT 03/19/96 $508.00**** city of Coppell ,'00h 5a 5"' FLAMINGO HOMES JOB / DEPT REMARKS GROSS Coppel Preliminary Plat Submittal 508.00 03/19/96 City of Coppell 508.00 DISCOUNT /-+585 NET PAID 508.00 508.00 BYLAWS FOR ASHTON RIDGE HOMEOWNERS ASSOCIATION, INC. ARTICLE I DEFINITIONS The following words when used in these by-laws, unless a different meaning or intent clearly appears from the context, shall have the following meanings: "Act" shall mean and refer to the Texas Non-Profit Corporation Act, Articles 1396-1.01 through 1396-11.01, Vernons Tex. Ann. Civil Statutes, and all amendments and additions thereto. "ARC" shall mean the Architectural Review Committee established pursuant to the provisions of Article VI of the Declaration. "Association" shall mean and refer to Ashton Ridge Homeowners Association, Inc., a Texas non-profit corporation. "Articles" shall mean and refer to the Articles of Incorporation of the Association. "Areas of Common Responsibility" shall mean and refer to (i) Common Area Lot 28, (ii) the adjacent north parkway of Sandy Lake Road and adjacent west parkway of Sandy Lake Road and adjacent west parkway of Heartz Road, (iii) the 5' screen wall easement, to the Association, on Lots 21 through 26 and (iv) the 10' screen wall and landscape easement, including the visibilty clips, to the Association, on Lots 1 and 27 Block A, and (v) such such other improvements, if any, including screenwall, masonry entrance features, community signs, signage or landscape lighting, landscaping, irrigation, masonry tree wells located in any dedicated right-of-way and/or easement, and any future improvements as may be designated by the Board of Directors of the Association for the preservation, protection and enhancement of the property values and the general heath, safety or welfare of the Owners. "Declarant" shall mean and refer to M & M Development, Inc., a Texas corporation, its successors and any assignee, other than an Owner, who shall receive by assignment from the said M & M Development, Inc. all, or a portion, of its rights under as such Declarant, by an instrument expressly assigning such rights as Declarant to such assignee. "Declaration" shall mean and refer to that certain Declaration of Covenants, Conditions and Restrictions for Ashton Ridge applicable to the Properties and recorded at Slide Page , Map Records, Dallas County, Texas, and as the same may be amended or supplemented from time to time as therein provided. "Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdivision map of the Properties which is shown as a lot thereon and which is or is to be improved with a residential dwelling. "Member" shall mean and refer to each Owner as provided herein in Article III, Article IX and Article X. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Properties but, notwithstanding any applicable theory of the mortgage or other security device, shall not mean or refer to any mortgagee or trustee under a deed of trust unless and until such mortgagee or trustee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. "Properties" shall mean and refer to the land and premises in the City of Coppell, Dallas County, Texas, containing approximately 7.72 acres of land, a 27 lot residential subdivision, more particularly described on Exhibit "A" attached hereto and made a part hereof, and such additions thereto as may hereafter be brought within the jurisdiction of this Association by annexation as provided in the Declaration. ARTICLE H OFFICES Section 1. The registered office of the Association shall be located at 1301 W. Hwy. 407, Suite 201-208, Lewisville, County of Denton, State of Texas. Section 2. The Association may also have offices at such other places, within and without the State of Texas, as the board of directors may from time to time determine or as the business of the Association may require. ARTICLE IH MEMBERSHIP Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any single family Lot which is subject by covenants of record, to assessment by the Association, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. Section 2. Suspension of Membership. During any period in which a Member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the common facilities of such Member may be suspended by the board of directors until such assessment has been paid. Such rights of a Member may also be suspended, after notice and hearing for a period not to exceed thirty (30) days, for violation of any roles and regulations established by the board of directors governing the use of the Areas of Common Responsibility and facilities. ARTICLE IV PROPERTY RIGHTS: RIGHTS OF ENJOYMENT Section 1. Use of Properties. Each Member shall be entitled to the use and enjoyment of the properties and facilities owned by the Association from time to time as provided in the Declaration. Any Member may delegate his fights of enjoyment of Properties and facilities to the members of his family, his tenants or contract purchasers, who reside on his Lot. Such Member shall notify the secretary in writing of the name of any such delegee. The rights and privileges of such delegee are subject to suspension to the same extent as those of the Member. ARTICLE V BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a Board of one (1) director (the "Board") until the annual meeting in 1997, and thereafter the number of directors shall be established by the board at each annual meeting, which number shall never be less than three (3). Section 2. Election. At the first annual meeting in 1997 and each annual meeting thereafter until the directors are elected by the Class A Members, the Class B Members shall elect three directors for a term of one (1) year each. At the first annual meeting following the date upon which all directors are to be elected solely by Class A Members, the Class A Members shall elect five directors who shall serve for the following terms: The three directors receiving the highest number of votes shall each serve for a term of two years, and the remaining two directors shall each serve for a term of one year. At each annual meeting thereafter, the Class A Members shall elect new directors to fill any vacancy created by expired terms of existing directors in a manner so that the Corporation will at all times have five directors, all of whom shall have two-year terms. Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the board of directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the board of directors shall be held when called by the president of the Association, or by any two directors, at~er not less than three (3) days written notice delivered to each director. Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Action Taken Without a Meeting The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the board of directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a member of the board of directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the board of directors prior to each annual meeting of the Members, to serve 3 from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations f,or election to the board of, directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or non-members. Section 2. Election.. Election to the board of directors shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of'votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The board of directors shall have power to: (a) Adopt and publish rules and regulations governing the use of the Properties and facilities of'the Association, and the personal conduct of`the Members and their guests thereon, and to establish penalties for the infraction thereof`; (b) Exercise f,or the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles, or the Declaration; (c) Declare the office of a member of the board of directors to be vacant in the event such Member shall be absent from three (3) consecutive regular meetings of'the board of, directors; and (d) Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the board of directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or at any special meeting, when such statement is requested in writing by one-fourth (1/4) of'the Class A Members who are entitled to vote; (b) Supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) As more fully provided herein, and in the Declaration, to: (i) Fix the amount of the annual assessment against each Lot in advance of each annual assessment period, and fix the amount of, all special assessments and def,ault assessments as provided in Article III of the Declaration; and (ii) Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board f,or the issuance of these certificates. Ifa certificate states an assessment has been paid, such certificate shall be conclusive evidence of, such payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association, as it may deem appropriate; (f) Procure general liability and directors and officers liability insurance, as it may deem appropriate; and (g) Cause the Areas of Common Responsibility to be maintained as provided in the Declaration. ARTICLE IX COMMITTEES Section 1. The ARC and other Committees. The board of directors shall appoint the ARC, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the board of directors may appoint other committees as deemed appropriate in carrying out its purposes, such as: (a) A Recreation Committee which shall advise the board of directors on all matters pertaining to the recreational program and activities of the Association and shall perform such other functions as the Board, in its discretion, determines; (b) A Maintenance Committee which shall advise the board of directors on all matters pertaining to the maintenance, repair or improvement of the Properties, and shall perform such other functions as the Board in its discretion determines; (c) A Publicity Committee which shall inform the Members of all activities and functions of the Association, and shall, after consulting with the board of directors, make such public releases and announcements as are in the best interests of the Association; (d) An Audit Committee which shall supervise the annual audit of the Association's books and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting, as provided in Article XI, Section 8 hereof. The Treasurer shall be an ex officio member of the Committee. Section 2. Complaints from Members. It shall be the duty of each committee to receive complaints from Members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or office of the Association as is further concerned with the matter presented. ARTICLE X MEETINGs OF MEMBERS Section 1. Place of Meetings. Meetings of the Members for the election of directors shall be held at a location within the City of Coppell, State of Texas, as shall be stated in the notice of the meeting, or in a duly executed waiver of notice thereof. Meetings of Members for any other purpose may be held at such place, within or without the State of Texas, and at such time as shall be stated in the notice of the meeting, or in a duly executed waiver of notice thereof. Section 2. Annual Meetings. Annual meetings of Members, commencing with the year 1997 shall be held on the second Tuesday of October if not a legal holiday, and if a legal holiday, then on the next secular day following at 7:00 p.m., at which they shall elect by a plurality vote a board of directors, and transact such other business as may properly be brought before the meeting. 5 adjournment thereof, and in such case such Members and only such Members as shall be Members of record on the date so fixed shall be entitled to such notice of, and to vote at, such meeting and any adjournment thereof, notwithstanding any change of membership on the books of the Association after any such record date fixed as aforesaid. Section 12. Action Without Meeting. Any action required by the statutes to be taken at a meeting of the Members, or any action which may be taken at a meeting of the Members, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Members whose vote is required for the approval of the subject-matter thereof, and such consent shall have the same force and effect as a vote of Members. Section 13. Conflict. In the case of any conflict between the Articles and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XI OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice president, who shall at all times be members of the board of directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the board of directors following each annual meeting of the Members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties. The duties of the officers are as follows: President (a) The president shall preside at all meetings of the board of directors, shall see that orders and resolutions of the Board are carded out, shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. 7 Vice President (b) The vice president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. Secretary (c) The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. Treasurer (d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shah disburse such funds as directed by resolution of the board of directors, shall sign ah checks and promissory notes of the Association, keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shah prepare (i) an annual budget, and (ii) a statement of income and expenditures, to be presented to the membership at its regular annual meeting, a copy of each of which shah be made available to each Member upon request. ARTICLE XH ASSESSMENTS The rights of membership in the Association are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against the Owner of and becomes a lien upon each Lot against which such assessments are made as provided by Article IV of the Declaration, which is incorporated herein by reference and made a part hereof for aH purposes. ARTICLE XllI BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles and the By-Laws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XIV CORPORATE SEAL The corporate seal shall have inscribed thereon the name of the Association, the year of its organization and the word" Texas." The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any other manner reproduced. CERTIFICATE I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of Ashton Ridge Homeowners Association, Inc., a Texas non-profit corporation, and; THAT the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted by written consent of the board of directors thereof, dated the day of 1996. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this day of ,1996. SECRETARY 10 ARTICLES OF INCORPORATION OF ASHTON RIDGE HOMEOWNERS ASSOCIATION, INC. I, the undersigned natural person of the age of twenty-one (21) years or more, a citizen of the State of Texas, acting as incorporator of a corporation under the Texas Non-Profit Corporation Act, do hereby adopt the following Articles of Incorporation for such corporation. ARTICLE ONE DEFINITIONS The following words when used in these Articles of Incorporation shall have the following meanings: "Act" shall mean and refer to the Texas Non-Profit Corporation Act, Articles 1396-1.01 through 1396-11.01, Vernons Tex. Ann. Civil Statutes, and all amendments and additions thereto. "Areas of Common Responsibility" shall mean (i) Common Area Lot 28, (ii) the adjacent north parkway of Sandy Lake Road and adjacent west parkway of Heartz Road (iii) the 5' screen wall easement, to the Asociation, on Lots 21 through 26 and (iv) the 10' screen wall and landscape easement, including the visibility clips, to the Association, on Lots 1 and 27 Block A, as shown on the Subdivision Plat of the Property recorded in Slide , Page , Map Records, Dallas, Texas and such other improvements, if any, including masonry screen wall, masnory entrance features, community signs, signage or landscape lighting, landscaping, irrigation, masonry tree wells located in any dedicated right-of-way, and any future improvements designated by the Board of Directors of the Corporation for the preservation, protection and enhancement of the property values and the general health, safety or welfare of the Owners. "Corporation" shall mean and refer to "Ashton Ridge Homeowners Association, Inc.", the corporation incorporated hereby. "Declarant" shall mean and refer to M & M Development, Inc., a Texas corporation, its successors and any assignee, other than an Owner, who shall receive by assignment from the said M & M Development, Inc. all, or a portion, of its rights under the Declaration as such Declarant, by an instrument expressly assigning such fights as Declarant to such assignee. "Declaration" shall mean and refer to that certain Declaration of Covenants, Conditions and Restrictions for Ashton Ridge applicable to the Properties and recorded or to be recorded in the real property records in the office of the County Clerk of Dallas County, Texas, and as the same may be amended or supplemented from time to time as therein provided. "Lot" shall mean and refer to any plot or tract of land shown upon any recorded subdivision map of the Properties which is shown as a lot thereon. "Member" shall mean and refer to each Owner as provided herein under Article Nine and Article Ten. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any single family Lot situated upon the Properties but, notwithstanding any applicable theory of the mortgage or other security device, shall not mean or refer to any mortgagee or trustee under a deed of trust unless and until such mortgagee or trustee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. "Properties" shall mean and refer to the land and premises in the City of Coppell, Dallas County, Texas, containing approximately 7.72 acres of land and known as "ASHTON RIDGE", a residential subdivision comprised of 27 single family residential lots and public streets as more particularly described on Exhibit "A" attached hereto and made a part hereof, and such additions thereto as may hereafter be brought within the jurisdiction of this corporation by annexation as provided in the Declaration. ARTICLE TWO The name of the Corporation is ASHTON RIDGE HOMEOWNERS ASSOCIATION, INC. ARTICLE THREE The Corporation is a non-profit corporation. ARTICLE FOUR The period of its duration is perpetual. ARTICLE FIVE This Corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are: (a) To provide for maintenance, preservation and architectural control of and to promote the health, safety and welfare of the residents of the Properties, and to preserve the beautification of the Property. (b) To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Corporation; (c) To maintain the Areas of Common Responsibility; (d) To exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation as set forth in the Declaration, and reference to the Declaration is hereby made for all purposes; (e) To fix, levy, collect and enforce payment by any lawful means, all charges or assessments provided for by the terms of the Declaration and to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Corporation, including any licenses, taxes or governmental charges which may be levied or imposed against any property owned by the Corporation; (f) To borrow money, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (g) Insofar as permitted by law, to do any other thing that, in the opinion of the Board of Directors, will promote the common benefit and enjoyment of the residents of the Properties, provided, that no part of the net earnings of the Corporation shall inure to the benefit of or be distributable to any Member, director or officer of the Corporation, or any private individual (except that reasonable compensation may be paid for services rendered to or for the Corporation effecting one or more of its purposes), and no member, director or officer of the Corporation, or any private individual, shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Corporation; and provided, further, that no part of the activities of the Corporation shall be carrying on propaganda, or otherwise attempting, to influence legislation, or participating in, or intervening in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office; and (h) Nothing contained in these Articles of Incorporation shall grant any authority to any officer or director of the Corporation for the exercise of any powers which are inconsistent with limitations on any of the same which may be expressly set forth in the Act. ARTICLE SIX The address of the initial registered office of the Corporation is c/o M & M Development, Inc., 1301 W. Hwy. 407, Suite 201-208, Lewisville, Texas 75067 and the name of its initial registered agent at such address is Dennis A. Morales. ARTICLE SEVEN The business and affairs of the Corporation shall be managed by an initial Board of one (1) Director. The number of directors may be changed by amendment of the By-Laws of the Corporation, but shall in no event be less than one (1). The name and address of the person who is to act initially in the capacity of director until the selection of his successor is: Dennis A. Morales 1301 W. Hwy. 407, Suite 201-208 Lewisville, Texas 75067 At each annual meeting after the date of incorporation hereof and thereafter until the directors are elected by the Class A Members, the Class B Members shall elect three (3) directors for a term of one (1) year each. At the first annual meeting following the date upon which all directors are to be elected solely by Class A Members, the Class A Members shall elect five (5) directors who shall serve for the following terms: The three directors receiving the highest number of votes shall each serve for a term of two years, and the remaining two directors shall each serve for a term of one year. At each annual meeting thereafter, the Class A Members shall elect new directors to fill any vacancy created by expired terms of existing directors in a manner so that the Corporation will at all times have five directors, all of whom shall have two-year terms. ARTICLE EIGHT The name and street address of the incorporator of this corporation is: Dennis A. Morales 1301 W. Hwy. 407, Suite 201-208 Lewisville, Texas 75067 ARTICLE NINE Every person or entity who is now or hereafter becomes an Owner of a single family Lot shall automatically be a Member of the Corporation. ARTICLE TEN The Corporation shall have two classes of voting membership: CLASS "A". Class A Members shall be all Members with the exception of Declarant. Class A Members shall be entitled to one vote for each single family Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any single family Lot, aH 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".. The Class "B" Member shall be Declarant. The Declarant shall be entitled to nine (9) votes for each single family Lot it owns; provided however, that Declarant shall cease to be a Class "B" member and shall become a Class "A" member entitled to one (1) vote per single family Lot owned upon the happening of either of the following: (i). when the total votes outstanding in the Class "A" membership exceeds the total votes outstanding in the Class "B" membership, or; (ii). upon the expiration often (10) years from the recording date of the Declaration in the Deed Records of Dallas County, Texas. ARTICLE ELEVEN Where the Declaration requires that certain additions to the Properties be approved by this Corporation, such approval must be given in accordance with the terms and conditions of Article Sixteen hereof. ARTICLE TWELVE To the extent permitted by law, the Corporation may participate in mergers and consolidations with other non-profit corporations organized for the same purpose, provided that any such merger or consolidation must first have the assent of the Members, given in accordance with the terms and conditions of Article Sixteen hereof. ARTICLE THIRTEEN The Corporation shall have the power to mortgage its real estate for the purpose of making improvements thereon, PROVIDED that any such mortgage must first have the assent of the Members, given in accordance with the terms and conditions of Article Sixteen hereof. ARTICLE FOURTEEN The Corporation shall have the power to dedicate any of its property to an appropriate public authority for public use, PROVIDED that any such dedication must first have the assent of the Members, given in accordance with the terms and conditions of Article Sixteen hereof. ARTICLE FIFTEEN The Corporation may be dissolved only with the assent of the Members, given in accordance with the terms and conditions of Article Sixteen hereof. ARTICLE SIXTEEN (a) Subject to the provisions of paragraph (c) of this Article, any action described in Article Eleven, Article Twelve, Article Thirteen, Article Fourteen and/or Article Fifteen hereof shall require the assent of two-thirds (2/3) of the votes of the entire membership of Members entitled to vote who is voting in person or by proxy at a meeting duly called for that purpose. Written notice of such meeting shall be given to all Members at least thirty (30) days in advance setting forth the purpose of such meeting. (b) The quorum required for any action referred to in paragraph (a) of this Article shall be as follows: At the first meeting called, as hereinafter provided, the presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of the of the entire membership entitled to vote shall constitute a quorum. If the required quorum is not present at the meeting, one additional meeting may be called, subject to the notice requirement hereinafter set forth, and the required quorum at such second meeting shall be one-half(I/2) of the quorum required at the preceding meeting, provided, however, that no such second meeting shall be held later than sixty (60) days following the first meeting. (c) Notwithstanding any provision contained in these Articles of Incorporation to the contrary, any action described in Article Eleven, Article Twelve, Article Thirteen, Article I Fourteen and/or Article Fifteen hereof may be taken with the assent given in writing and signed by two-thirds (2/3) of each class of Member then entitled to vote. (d) The notice, voting and quorum requirements for any other action to be taken by the Corporation shall be as set forth in its by-laws, as amended from time to time. ARTICLE SEVENTEEN These Articles of Incorporation may be amended in accordance with the law, provided that the voting and quorum requirements specified for any action under any provision of these Articles of Incorporation shall apply also to any amendment of such provision, and provided further that no amendment of Articles Nine and Ten (membership and voting rights) or Article Sixteen shall be effective except as provided in the Declaration and any amendment of same. ARTICLE EIGHTEEN Upon dissolution of the Corporation, both the real and personal assets of the Corporation shall be dedicated to an appropriate public agency to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Corporation. In the event that such dedication is refused, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization engaged in activities substantially similar to those of the Corporation and which entity is qualified as an exempt organization under the Internal Revenue Code of 1986, as amended, or the corresponding provisions of any future United States Internal Revenue law. IN WITNESS WHEREOF, I have hereunto set my hand this __ ., 1996. day of Dennis A. Morales THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on this __ day of ., 1996 by Dennis A. Morales, 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 therein expressed and in the capacity therein stated. Seal Notary Public In And For The State Of Texas (Print Name) My Commission Expires: /