HomeMy WebLinkAbout1999-265FILE REFERENCE FORM 99-265
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Amended
by
Ordinance No.
1999-319
09/07/1999
JR
Amended
by
Ordinance No.
2000-059
02/15/2000
JR
Amended
by
Ordinance No.
2001-215
06/05/2001
JR
Amended
by
Ordinance No.
2001-247
07/17/2001
JR
Amended
by
Ordinance No.
2003-324
10/07/2003
JR
Amended
by
Ordinance No.
2008-285
11/04/2008
JR
Amended
by
Ordinance No.
2009-084
04/07/2009
J R
Amended
by
Ordinance No.
2009-085
04/07/2009
J R
Amended
by
Ordinance No.
2009-103
04/21/2009
JR
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND. USE
DESIGNATION FOR 2.,725 ACRES OF LAND GENERALLY LOCATED BETWEEN I-35W
AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND LIVELY; PROVIDING FOR
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (Z-99-044)
WHEREAS, Robson Ranch Denton has applied for a change in zoning for 2,725 acres of
land from Agricultural (A) zoning district classification and use designation to Planned Development
(PD) zoning district classification and use designation; and
WHEREAS, on July 28, 1999, the Planning and Zoning Commission recommended approval
of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the zoning district. classification and use designation of the 2,725 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A is
changed from Agricultural (A) zoning district classification and use designation to Planned
Development (PD) zoning district classification and use designation under the comprehensive zoning
ordinance of the City of Denton, Texas.
SECTION II.' That Exhibit B, attached hereto and incorporated herein by reference, is
approved as the Concept Plan for this District, subject to the following conditions:
That approval of the concept plan is not approval of the reference to
"variance(s)" as such terms are used in Exhibit B if the use of such term is
in conflict with the variance or modification process used in Section 34-6 of
the Denton City Code relating to subdivision rules and regulations until the
appropriate Section 34-6 variance or modification is specifically approved
during the Detail Plan stage of the Planned Development process or during
the Platting process, whichever is applicable. City Staff review of the
Concept Plan finds that the variance requests as those terms are used by
applicant have merit and when more specific information in support of such
variances is available, City Staff recommendations of approval of Section
34-6 type -variances or modifications to the City Council is likely when such
variances are considered on a case -by -case basis. Applicant must submit
sufficient data in its detailed plan to support variances to the Landscape
Ordinance.
SECTION III. That the City's official zoning map is amended to show the change in zoning
district classification.
HERBERT L PROUTY, CITY
SECTION IV That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense
SECTION V That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chromcle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage
PASSED AND APPROVED this the,�aday of 1999
JAC MI LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
TO LEGAL FORM
ATTORNEY
PAGE 2
' EXHIBIT A
PROJECT LOCATION & DESCRIPTION
Legal Description
BEING a 2725 acre tract of land
situated to the M Scurlock Sur-
vey, Abstract No 1141, the
F Garcia Survey, Abstract No
502, the J.H Paine Survey, Ab-
stract No 1617, the J McGowan
Survey, Abstract No 798, the
BBB&C RR Survey, Abstract
No 197, the T&P R R Survey,
Abstract No 1301 and the W L
Dunning Survey, Abstract No
1568, Denton County, Texas, said
tract of land being that same tract
of land as described by Warranty
Deed to Cal Farley's Boys Ranch
and Highland Park Presbyterian
Church as recorded in Volume
2771, Page 967 at the Deed
Records, Denton County, Texas,
said tract of land being more par-
ticularly described by metes and
bounds as follows
COMMENCING at a 1/2 inch
iron rod found for the apparent
southeast corner of said
M Scurlock Survey and for the
most southerly southwest comer
of a tract of land deeded to
Hillwood McCutchin Ltd as re-
corded in Volume 2470, Page 678
of said Deed Records, Denton
County, Texas, said 1/2 inch iron
rod being the southwest comer of
the E Pizano Survey, Abstract
No 904, Denton County, Texas,
said 1/2 inch iron rod also being
in the approximate center of
Crawford Road (an undedicated
right-of-way), from which a boas
d' arc fence corner post in con-
crete in the north right-of-way line
of said Crawford Road bears
North 00 degrees 37 minutes 19
seconds West, a distance of 24 50
feet,
THENCE North 00 degrees 37
minutes 19 seconds West, 45 00
right-of-way line of Crawford
Road, THE POINT OF BE-
GINNING,
THENCE North 89 degrees 51
minutes 20 seconds West with the
northerly line of Crawford Road
(a proposed 90 foot right-of-way),
a distance of 10,093 70 feet,
THENCE North 00 degrees 17
minutes 05 seconds West, 3675 70
feet with the east line of Crawford
Road (a proposed 90 foot
right-of-way),
THENCE South 89 degrees 25
minutes 27 seconds West, a dis-
tance of 2333 58 feet along the
north line of said Crawford Road
(a proposed 90 foot wide
right-of-way) to the proposed
easterly right-of-way line of Flo-
rence Road,
THENCE North 00 degrees 33
minutes 33 seconds West, 438156
feet along the easterly line of said
Florence Road (a proposed 90
foot wide nght-of-way),
THENCE North 89 degrees 51
minutes 47 seconds East (deed
West) with the north line of a
218 07 acre tract of land and the
south line of a called 218 07 acre
tract of land deeded to Lotta
Evers Callahan and F W
Callahan as recorded in Volume
i
PROJECT' LOCATION & DESCRIPTION
947, Page 751 and Volume 474,
Page 637 of said Deed Records,
Denton County, Texas, a distance
of 5535 99 feet,
THENCE North 00 degrees 20
minutes 02 seconds West (deed
South 00 degrees 30 minutes East)
with the west line of a 995 8 acre
tract of land and the east line of
said 218.07 acre tract of land
deeded to Lotta Evers Callahan
and F.W Callahan a distance of
1708 41 feet,
THENCE North 00 degrees 21
minutes 15 seconds West (deed
South 00 degrees 30 minutes East)
with the east line of East Ponder
Estates, a distance of 3434 29 feet
to a point in H Lively Road,
THENCE North 89 degrees 47
minutes 37 seconds East (deed
East) with the north line of said
995 8 acre tract of land, the north
line of said J McGowan Survey,
and the north line of said J H
Paine Survey, and along H
Lively Road a distance of 3650 25
feet;
THENCE North 89 degrees 54
minutes 37 seconds East, 205791
feet along said H Lively Road,
THENCE South 00 degrees 07
minutes 10 seconds East, 3056 98
feet;
THENCE South 00 degrees 07
minutes 42 seconds West,
3803 58 feet,
THENCE North 89 degrees 48
minutes 51 seconds East, 1215 50
feet,
THENCE South 00 degrees 29
minutes 08 seconds East (deed
North) with the west line of said
Hillwood/McCutchin, Ltd tract
of land as per Hillwood/
McCutchin, Ltd deed, a distance
of 3074 89 feet,
THENCE South 00 degrees 37
minutes 19 seconds East (deed
North) with the west line of said
Hillwood/McCutchin, Ltd tract
of land as per Hillwood/
McCutchin deed, a distance of
330000 feet to the POINT OF
BEGINNING and containing
2725 acres of land, more or less
1
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EXHIBIT B
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T A B L E O F C O N T E N T S
INTRODUCTION
PROJECT LOCATION & DESCRIPTION
EXISTING CONDITIONS
PROPOSED P D ZONING
CONCEPT PLAN
ADDITIONAL INFORMATION
• SUBDIVISION ORDINANCE REQUIREMENTS
• PRELIMINARY COVENANTSI CONDITIONS, AND RESTRICTIONS (CC&RtS)
• PHASING PLAN
• TRAFBIC STUDY
I IPrepared for Denton City Council M( aink
Liecda , August 3 1999
I N T R O D U C T I O N
he concept of the
retire nt community bloomed
in th 1960's as larger compo
nents f the population in the
U tes began to experience
longer periods of leisure retire-
ment In addition, increased fi-
nancial security of retirees result
ing from social security and other
government programs, a gener-
ally strong economy, and equity
in their homes created an oppor-
tunity for many retirees to move
to warmer climates in the sun belt
states to retire
Four sun belt states, Florida, Call
forma, Arizona and Texas dome
nate senior in -migration This
steady in -migration results in a
solid housing market for seniors
in each of these markets Not very
long ago, that rather imprecise
group of years we define as
"middle age" was usually associ-
ated with diminished physical
activities, sudden urges to get se-
rious about retirement planning,
and the pursuit of more sedentary
hobbies Today, people entering
their middle age years are more
likely to be found changing ca
reers, jumping into long -delayed
physical fitness programs, relocat-
ing to distant regions of the coun
try, and generally pursuing
lifestyles that have virtually noth-
ing to do with archaic notions of
"advancing years "
NJ
Prepared for Denton City Council M, i bng
fuesday August i 1999
I N T R O D U C T I O N
With children old enough to be
on their own, many of these
"empty nesters" — finally enjoy-
ing the combined windfalls of in-
creased disposable income and
the absence of parenting respon
sfbiltttes — waste little time in
making the most of their new
found freedoms Seeking a more
"user friendly" environment —
and drawn by milder climates,
low -maintenance housing, and
lavish country club amenities —
the maturing population of north
ern states are increasingly lured
southward by attractive master -
planned resort communities ca-
tering exclusively to active adults
This trend will almost certainly
increase - if for no other reason
than the fact the "migratory
middle agers" constitute one of
the fastest growing markets in the
United States
Active adult communities have
unique physical as well as func
tional characteristics that differ
from standard residential commit
nitfes These differences revolve
around the private, secure and
high quality requirements for the
success of the community
This project, "Robson Ranch,"
requires gated entries, private
roads, private recreation facilities
and open spaces, extensive well -
maintained amenities, and a
strong sense of cohesiveness
within the community
The success of this type of project
depends on high density housing,
privately owned and well main
tamed recreation areas and open
spaces, narrower streets with
slower traffic, no public parks,
trails and open spaces, remote lo-
cation, low noise, golf cart traffic
and good access to hospitals,
shopping, and emergency sei
vices
The unique character of Robson
Ranch is the reason for request-
ing the flexible Planned Develop-
ment District Zoning, which will
accommodate the unique stan
dards and ordinances that will
ensure success in the City of
Denton
j
Prepared for Denton City Counrd M�, Ong
luesday August I 1909
I N T R O D U C T I O N
The owner and developer of
Robson Ranch is Robson Denton
Development, L P, one of a
group of companies, sometimes
collectively referred to as
"Robson Communities", engaged
primarily in the development,
construction and marketing of
golf resort "retirement communi
ties", that is, communities in
tended for occupancy by at least
one person 55 years of age or
older in at least 80% of the homes,
and no permanent resident under
19 years of age
The corporations and partner
ships that comprise Robson Corn
munetees include Robson Corn
munities, Inc, a management ser-
vices entity, Sun Lakes Market-
ing Limited Partnership, the de
veloper of Sun Lakes,
SaddleBrooke Development
Company, the developer of
SaddleBrooke Resort Commu-
nity, SBG Development Com
pany, the developer of SunBird
Resort Community, PebbleCreek
Properties Limited Partnership,
the developer of PebbleCreek
Resort Community, Sun Lakes
Construction Company,
SaddleBrooke Construction
Company and PebbleCreek Con
struction Company, which pro-
vide construction services to the
retirement communities, and
Pima Utility Company,
SaddleBrooke Utility Company
and Lago del Oro Watei Corn
party, which provide water and
sewer services to the Sun Lakes
and SaddleBrooke areas Robson
Denton Development, L P will be
the developer, of the Robson
Ranch project
The companies which comprise
Robson Communities together
constitute the largest privately -
owned "retirement community"
developer in the State of Arizona,
and with over 1,000 employees
comprise one of the larger private
employers in the state The Phoe-
nix Business Journal ranked
Robson Communities as the 16th
largest privately held company in
the state of Arizona, and as the
loth largest homebuilder in the
Phoenix area The companies are
managed and controlled by Ed
ward J Robson and members of
his family Recent annual sales
exceed 1,000 homes a year, with
cumulative sales in its various
communities exceeding 10,000
homes
While many developers are only
now discovering the trend toward
master planned resort commune
4
Pn.pared for Denton City Council Minting
luesdayAugust 3 1999
I N T R O D U C T I O N
ties for active adults, a few have
been servicing this market for de
cades, such as Robson Commu-
nities And judging by the firm's
success, Robson has been doing
something right During the pre-
ceding twenty-six years, while the
economy moved through widely
varying cycles, large population
shifts occurred, and countless
trendy lifestyles came and went
(along with hordes of housing
developers), the customers for
what Robson was offering, well,
they just kept on coming Hav
ing identified this ruche market
from the very beginning, Ed
Robson began by finding out ex-
actly what his
customer wanted He then not
only created it, he went on to per-
fect the product
While touring a Robson commu
nrty, there are few, if any, of life's
most enjoyable activities that
can't be indulged on -site Pro-
spective buyers encounter multi
million dollar amenities that may
include clubhouses that house
cozy lounges, restaurants, librar
ies, billiard rooms, and grand ball-
rooms The grounds adjacent to
the clubhouses include heated
pools, spas, lighted tennis courts,
and other recreational amenities
that rival many world -class re-
sorts Golf is still the biggest
draw, and manicured, challeng
ing courses are found interwoven
throughout the grounds of every
Robson community
In short, adult focused communi
ties, such as those by Robson
Communities, that combine
highly aesthetic environments
with world -class amenities and
quality, low -maintenance homes,
will be in ever increasing demand
as the population ages
Robson Denton Development,
L P now wants to develop an
adult community in Denton,
Texas The company has con-
ducted considerable research and
believe that in -migration and in
state demand is more than suffi
dent to support a Robson com
munity
j
Prepared for Denton City Council Meeting
Tuesda August 3 1999
',lZobmn Cmmmumher
PROJECT LOCATION & DESCRIPTION
e site is located in
the s hwestem quadrant near
the i rsection of Crawford
Road d I-35 W It is located
we o - 5W and is bounded
by Crawford Road on the
south, Florence Road on the
west and Lively Road on the
north
Prepared for Denton City Council Mct ung
f n radar, August 3 1999
I
Site Access Map
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ROBSON RANCH
DENTON, TEXAS
(SUBJECT PROPERTY 2725.0 ACRES)
a
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a-
PROJECT LOCATION &
Legal Description
BEING a 2725 acre tract of land
situated in the M Scurlock Sur
vey, Abstract No 1141, the
F Garcia Survey, Abstract No
502, the J H Paine Survey, Ab-
stract No 1617, the J McGowan
Survey, Abstract No 798, the
BBB&C RR Survey, Abstract
No 197, the T&P R R Survey,
Abstract No 1301 and the W L
Dunning Survey, Abstract No
1568, Denton County, Texas, said
tract of land being that same tract
of land as described by Warranty
Deed to Cal Farley's Boys Ranch
and Highland Park Presbyterian
Church as recorded in Volume
2771, Page 967 at the Deed
Records, Denton County, Texas,
said tract of land being more par-
ticularly described by metes and
bounds as follows
COMMENCING at a 1/2 inch
iron rod found for the apparent
southeast corner of said
M Scurlock Survey and for the
most southerly southwest corner
of a tract of land deeded to
Hrllwood McCutchrn Ltd as re-
corded in Volume 2470, Page 678
of said Deed Records, Denton
County, Texas, said 1/2 inch iron
rod being the southwest corner of
the E Pizarro Survey, Abstract
No 904, Denton County, Texas,
said 1/2 inch iron rod also being
in the approximate center of
Crawford Road (an undedicated
right-of-way), from which a hors
d' arc fence corner post in con-
crete in the north right-of-way line
of said Crawford Road bears
D E S C R I P T 1 0 N
North 00 degrees 37 minutes 19
seconds West, a distance of 24 50
feet,
THENCE North 00 degrees 37
minutes 19 seconds West, 45 00
right -of way line of Crawford
Road, THE POINT OF BE-
GINNING,
THENCE North 89 degrees 51
minutes 20 seconds West with the
northerly line of Crawford Road
(a proposed 90 foot right-of-way),
a distance of 10,093 70 feet,
THENCE North 00 degrees 17
minutes 05 seconds West, 3675 70
feet with the east line of Crawford
Road (a proposed 90 foot
right of way),
THENCE South 89 degrees 25
minutes 27 seconds West, a dis
tance of 2333 58 feet along the
north line of said Crawford Road
(a proposed 90 foot wide
right of way) to the proposed
easterly right-of-way line of Flo
rence Road,
THENCE North 00 degrees 33
minutes 33 seconds West, 4381 56
feet along the easterly line of said
Florence Road (a proposed 90
foot wide right-of-way),
THENCE North 89 degrees 51
minutes 47 seconds East (deed
West) with the north line of a
218 07 acre tract of land and the
south line of a called 218 07 acre
tract of land deeded to Lotta
Evers Callahan and F W
Callahan as recorded in Volume
Prepared for Denton City Council Meeting
Tuesday, August 3 1999
P R O J E C T
L O CAT I ON &
947, Page 751 and Volume 474,
Page 637 of said Deed Records,
Denton County, Texas, a distance
of 5535 99 feet,
THENCE North 00 degrees 20
minutes 02 seconds West (deed
South 00 degrees 30 minutes East)
with the west line of a 995 8 acre
tract of land and the east line of
said 218 07 acre tract of land
deeded to Lotta Evers Callahan
and F W Callahan a distance of
1708 41 feet,
THENCE North 00 degrees 21
minutes 15 seconds West (deed
South 00 degrees 30 minutes East)
with the east line of East Ponder
Estates, a distance of 3434 29 feet
to a point in H Lively Road,
THENCE North 89 degrees 47
minutes 37 seconds East (deed
East) with the north line of said
995 8 acre tract of land, the north
line of said J McGowan Survey,
and the north line of said J H
Paine Survey, and along H
Lively Road a distance of 3650 25
feet,
THENCE North 89 degrees 54
minutes 37 seconds East, 2 057 91
feet along said H Lively Road,
THENCE South 00 degrees 07
minutes 10 seconds East, 3056 98
feet,
THENCE South 00 degrees 07
minutes 42 seconds West,
3803 58 feet,
D E S C R I P T I O N
THENCE North 89 degrees 48
minutes 51 seconds East, 1215 50
feet,
THENCE South 00 degrees 29
minutes 08 seconds East (deed
North) with the west line of said
Hfllwood/McCutchin, Ltd tract
of land as per Hillwood/
McCutchin, Ltd deed, a distance
of 3074 89 feet,
THENCE South 00 degrees 37
minutes 19 seconds East (deed
North) with the west line of said
Hfllwood/McCutchin, Ltd tract
of land as per Hfllwood/
McCutchin deed, a distance of
3300 00 feet to the POINT OF
BEGINNING and containing
2725 acres of land, more or less
0
Prepared for Denton Guy Council Meeting
Tuesday, August 3 1999
E X I S T I N G C O N D I T I O N S
nderstanding a
Uhe
ce of property and
s (natural & man-
ffect it is one of the
ial steps in the plan-
ning and design process A true
knowledge of the property allows
us to enhance existing opportu
nities as well as create awareness
for the constraints which need
creative mitigation
The process is twofold A thor
ough on site visit and research of
resource material allows a com-
plete inventory of the natural and
man made attributes of the prop-
erty This step will highlight ma
Ior development concerns early
in the process and promote qual
ity design decisions from the start
The following pages describe in
detail our inventory of the RCI
property and the impact each el-
ement has on development Spe-
cifically we have studied
• Jurisdictional Boundaries
• Site Access
• Topography
• Drainage
• Wetlands/Floodplain
• Winds
• Soils
• Site Vegetation
• Utilities
• Existing Site Structures
• Solar Orientation
• Views/Noise
Prepared for Denton Coy Council Met ting
rot sda , Au st 3 1999
,Robson eommundies
E X I S T I N G C O N D I T I O N S
jurmbictional Bombayies
The 2,725 acre site is located in
Denton County, Texas within the
extraterritorial jurisdiction of the
City of Denton
Two school districts have taxing
jurisdiction over this property
The Ponder ISD has jurisdiction
over the northwestern portion of
the property The Argyle ISD has
jurisdiction over the southeastern
portion of the property
IO
Prepan d for Denton City Connul Meeting
luesda , August 3 1999
O
F.M.
ROAD
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SITE
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VICINITY MAP
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CITY LIMIT & SCHOOL DISTRICT EXHIBIT
ROBSON RANCH
DENTON, TEXAS
SEPTEIMER 25, 1"S
ma MR2171m mW
® E X I S
'.Radian L'anmun,hu
T I N G C O N D I T I O N S
Site ACcos
The northern portion of the site
is accessible from Wolfe Road and
H Lively Road Traveling north
on Wolfe Road then east on FM
2449 provides direct access to I-
35W The southern portion of the
site is accessed from Crawford
Road which also provides access
to I-35W Florence Road runs
parallel to the western most prop
erty line, offering further poten
teal access on three sides of the
property All roads adjacent to
the site are currently dirt, gravel,
or chipseal pavement
II
Prepared for Denton City Council Meeting
ruesday Auguo 3 1999
E X I S T I N G
Rnban Cnmmumnes
C O N D I T I O N S
Topograpbvp
The rtdgelme of the site is at a
higher elevation than the sur
rounding properties This offers
several viewsheds for site amem
ties such as clubhouses and sales
centers
The high points on the site to-
gether with the ridgelme offer
opportunities for significant
project elements such as recre
ational campus areas and commu
nity spaces Views are excellent
and these areas are visible from
much of the site
r2 1 Prepared for Denton City Couned Meeting
rutsday, August 1 1999
J
CRAWFORD RD
)RTHLAKE
Pop 250
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---------=---140tJ
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Denton Texas
Transportation / Access
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® Carter-: Burgess
rkd&AY 2449
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680
700
04,ot (I I)ari,iot i "s Pjy [iUO04-
700' -720
720
740'
740' - 760'
760' - 780'
■
ROBSON. RANCH
Denton Texas
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Robmn Cmnmund�u
X I S T I N G C O N D I T I O N S
Dyainage
Theie is a north south ridgeline
that divides the site into two ma
jor watersheds, one draining to
the northeast, one to the south
west Within each watershed are
several distinct dramageways that
have carved depths ranging from
less than a foot to more than
seven feet The northeast surface
drainage from the project drains
to Lake Lewisville, and the south-
west surface drainage for the
project drains to Lake Grapevine
The five small stock ponds on the
site were found in natural drain-
age corridors where earthen dams
were constructed to retain water
The existing drainage corridors
will be considered in the design
of the land plan in order to pre-
serve the intent of the surface
drainage system, when feasible
This can reduce storm sewer
costs From an aesthetic stand-
point, there is an opportunity to
improve these corridors into an
amenity for the development
The five stock ponds offer possi-
bilities for amenities to the devel-
opment if they are improved and
enlarged Moreover, they can
serve as detention ponds if
needed for the surface drainage
system
13
Prepared for Denton City Council M( etmg
Tuesday August 3, 1999
MGJFIWAY2449 2,*, o'
Legend
__ mpmmm
Major D-rainaoc',-,`�,:',
. y
Minor D-rainagQ% "Not a Pa af-W A' 9t]
WatersW
Bounbaries
Existing Ffoobplam -.F/
Existing Pon
L"
HNbrologN & Drainage
13
ROBSON RANCH
Denton Texas
a 230 5DD low 2000
4Z Carter= Burgess
9ZASOn CmnmumUet
E X I S T I N G C O N D I T I O N S
Wetlands / Ffoobpfain
No apparent wetlands exist on the
site Neither the stock ponds nor
the dry creekbeds had significant
changes in soil type or plant ma-
terial The only instances where
the 100-year floodplain is found
on the property is in the north
ern and central portions of the
site
Typically structures are prohib-
ited in the two areas on the site
that are within the actual 100-year
floodplain These areas are bet
ter suited for amenity uses such
as golf course or greenbelt link
age corridors Any floodplain
boundary amendment will be re
viewed with F E M A
Winds
Prevailing winds are from south-
southwest Due to the relative
elevation of the site and its open
ness, breezes are fairly strong
This will be pleasant in the cen-
tral Texas summer heat In the
winter, however, the prevailing
winds will be from north-north-
west and should be buffered
Strong southerly winds present
opportunities for channeling
cooling breezes across water bod-
ies and into open spaces While
the lower areas will benefit less
than the higher elevations, areas
along the south -southwestern
ridgehne may require wind-
breaks to protect from especially
strong southerly winds Winter
northerly winds necessitate cold -
proofing measures to be taken in
the arrangement and orientation
of homes and community gath-
ering spaces Windbreaks such
as hedgerows and earthen berms
can be used to channel winter
winds away from these spaces
14
Prepared for Denton City Council Meeting
Tuesday, August d, 1999
E X I S T I N G C O N D I T I O N S
Site vegetation
The site is generally treeless
Plant materials present on the site,
in order of abundance are
• pasture grasses
cultivated gram fields
prickly pear cactus
scrub hackberry and post oak
scattered small mesquite
Absence of large trees and under
brush reduces initial site prepa-
ration costs However, the lack
of plant material on the site will
necessitate the introduction of
trees and shrubs to the existing
aesthetic qualities of the site
15
Preparcd for Denton City Council M, etmq
ruesda , August 7, 1999
zhmh CMMM"Ihu
E X I S T I N G C O N D I T 1 O N S
Utilitles
There are two underground pipe-
lines crossing the site The gas
line runs north south along the
west side of the site and termi-
nates at a gas well just north of
the Robson property The petro-
leum line runs east -west through
the middle of the property
Overhead power lines enter the
site to the south to serve the farm
house There is a buried tele
phone line that follows this power
line On the northwest side of the
site, overhead power lines run
parallel to the north property line
near the oil/gas pump station
There is also a communications
tower north of H Lively Road
The communication tower will be
visible from more than half of the
site Pipeline easements must be
considered when designing the
land plan, as no structures can be
placed within them The linear
form of these corridors offers po-
tential opportunities for pedes-
trian trail linkages Overhead
lines can be moved as necessary
to fit the plan of the development
Consideration at that time might
be given to placing them under
ground to enhance project aes
thetics
16
Prepared for Denton Gity Council Meeting
ru(9day AuKust 1 1999
Rodron Cmmmnmhet
E X I S T I N G C O N D I T I O N S
EXIAing Site Structures
The main structures on the site
consists of two farmhouses, wind-
mills, several barns and water
storage tanks All of these struc
tures are in a state of disrepair
from weather and a general lack
of maintenance
None of the structures existing on
the site have enough architectural
or aesthetic value to warrant their
inclusion in the proposed devel
opment Therefore at some time,
they should be demolished and
removed Two Environmental
Site Assessment Reports have
been prepared by Maxim Tech
nologies, Inc, on December 31,
1998, and on January 14, 1998,
which concluded there are no en-
vironmental problems at this
stage of study Testing will be re-
quired to determine the extent of
soil contamination near the struc-
tures, specifically the barns
17 1 Prepared for Denton City Council Meeting
Tuesday August 3, 1999
Robson Cmmmumoes
E X I S T I N G C O N D I T I O N S
Sofar OriepiMtlom
Due to sparse vegetation, the en
tire site has full exposure to sun
light With the sun crossing the
site in an east to west direction,
heat gain on the east and west
faces of structures is a consider
ation in designing the land plan
Houses will be generally oriented
in a north south direction to cie
ate the best solar orientation
The use of plant materials and
shade structures on the east and
west sides of structures can reduce
cooling costs in the summer
months The use of deciduous
trees will allow sunlight to the
structures during the winter
months, decreasing heating costs
18
Preparcd for Denton C,uy Council M(a ung
ruesda Au st 11999
kO/%
,Rabton CmnmumGu
E X I S T I N G C O N D I T I O N S
Views / Noise
North-northeast University of
North Texas
East- northeast Hunter's Ranch
(stock pond and wooded hills)
South Texas Motor Speedway,
Fort Worth skyline
West The view west from the
northern end of the site 1s particu-
larly unfavorable
The oil/gas pump station to the
west of the property may produce
noise from construction activity
and/or pumping Texas Motor
Speedway 1s visible on the hors
zon south of the site Interstate
35W 1s one mile east of the site
Prevailing winds will tend to
carry the sound from the south
1n the summer, more so from the
north in the winter
Community structures will be on
ented in a manner that capitalizes
on the many favorable vistas from
the high points of the site Screen-
ing, either with plant materials or
with structural elements (such as
walls), will serve as a barrier to
undesired views from adjacent
land uses and will reduce the im
pact of undesired sounds from the
oil/gas pump station, Interstate
35W and the speedway
There are no power transmission
wires on this property which im-
pact views
�9 IPrepared for Denton City Council Meeting
luesday, August 3, 1999
0
0
a
Lcomb
4 ['a)ntivmce&Rmml
Cattle Bom wilt winJnoll
4 Cattle Baru wit!) vdinllmiff
(� Cattle Rare Intl) wiudutiff
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1114 Cattle R(n-n wtlb wutomiff
,a Commintirntion TWIT)
o/"I Urn-CreA Drainage
m®w Rid(lelinc
4 views
07TVIlcail POIPer Lines
Patent ial U f f er Zolic
too Year Omit I inc
-- UndrrgrrnnJPipclinr
y J J-
.L W W SfaI ICYCo N'irs(IIn LC
CRAHTORD ROAD
,1
1\
I/IGIDE41' 2440
Potential PurcGjase Pvopertv)
INot a Part of tibr Algdientimd
Prevailing i
WINTER Win& _y
Existillg Residential
Prez)ai�ii?j
SUMMER Wilibs
Sour Pattern
ROBSON RANCH
Denton Texas
Existing
ResiDentia�
Hunter's Rana)
Access to Site
Site Anaf v�sis Summarvq
�"u^mil
C 250 YM Mo 2000
SCALE I-5M
Cf" Carter:: Burgess
R O P O S E D P D Z O N I N G
This sections contains the following categories
Purpose
Ownership
Development Regulations
PROPOSED LAND USE CiATECORiI ,
L'PIiNii rTED U$Ea
DENZITY RPQUIREMENIS
DEVELOPMENT STANDARDS
Zoning Ordinance Requirements
Landscape Ordinance Requirements
Parks and Open Space Requirements
20
Prepared for Denton City Council Meeting
Ttusday August 9 1999
.10A
® P R O P O S E D P D Z O N I N G
Purpose IN 0%i�<,t c,t
The purpose for this Planned
Development District is to blend
the goals of the City of Denton
and Robson Denton Develop-
ment, L P into the standards that
create the highest quality and
most successful active adult com-
munity in the region
The intent is to develop this
project within the Denton
Planned Development District
Ordinance that varies from the
established regulations of other
zoning districts This zoning will
provide the opportunity for cre-
ative planning and the flexibility
to respond to changing market
conditions throughout the devel-
opment process This zoning will
permit the security, private facili-
ties and extensive amenities that
are necessary for the success of
an active adult community
This Planned Development Dis
trict is created to meeting the fol
lowing goals set forth by Robson
Denton Development, L P
1 Provide for the health, safety
and welfare of the residents
of Robson Ranch and the cin
zens of Denton County by
implementing orderly and
efficient growth patterns
2 Accommodate the growing
market demand for adult
communities while providing
for a variety of affordable
housing with opportunities
for the creation of a diversi
fied community that contnb
utes positively to the quality
of life in Denton County
3 Provide for compatible future
development to insure a co-
hesive community that is bal-
anced in terms of land use, in-
frastructure, public services,
transportation, recreation and
costs In other words, no de-
velopment would occur with-
out the means to support that
growth in a safe, economical,
healthy and equitable manor
B 1 AND U,i
Goal 1
To enhance the community
through integrated phasing
and expansion to promote a
self-contained and self-suffi
cient character
Policy la Establish land use
restrictions and guidelines to
limit incursion of non com-
patible uses utilizing quality
21 1 Prepared for Denton City Council Mi ( tint,
jut cday, Augnst 1 1999
P R O P O S E D P D
design elements that will en
dure market changes
Policy lb Control and re
strict the creation of undesir
able in fill areas within the
community to allow a logical
development progression
Goal 2
Control and guide commu
nity design and aesthetics of
all residential and commer
cial development within the
planning sub -areas that is in
harmony with the physical
environment and the regional
character
Policy 2a. Achieve a i ange
of residential densities and
housing types that reflect
modern development prac
tices, safe and efficient design,
affordability, buyers choice
and compatibility within the
community
Policy 2b• Maximize the use
of open space, golf course and
collector roadways to sepa
rate different housing types
that may be less compatible
Goal 3,
Guide and control commu
nity design and aesthetics of
all residential and commer
cial development within the
planning sub areas consider
ing sensitivity to existing
physical and environmental
characteristics of the land
NWSS O==Otf;
Policy3a. Provide guide
lines for landscaping and ar
chitectural character, consid-
ering screening of permanent
storage and maintenance ai
eas and carry the
development's theme
through each design element
Policy3b Minimize im-
pacts of the development on
viewsheds with architectural
design guidelines which ad-
dresses building heights,
rooflines, placement of cool-
ing units, budding materials,
textures and colors
Policy 3c Piovide for com-
munity services and commer-
cial shopping needs specifi-
cally focused on the activities
and routines of the commu
nity residents
C C(I%I%IUN ) I 'c,auiia & Si KVIU
Goal 1
Position the community as a
top destination for the active
adult, locating the facilities to
serve as a focal point within
community setting the stan
dard for active adult commu
nities in Texas
Policy la Develop centrally
located clubhouse facilities to
act as community gathering
centers and golf course opera
tio❑ locations to serve the
needs of the residents socially
and recreationally
22
Prepared for Denton City Council M( ( tmg
ruesda , August 1 1999
Robson Communities
P R O P O S E D P D Z O N I N G
Goal 2
Coordinate the timing and
phasing of the planning sub-
areas to insure adequate pro
vision of public services and
facilities for new populations
This includes, but is not lim
ited to sanitary sewers, waste-
water treatment facilities, do-
mestic water supply, power,
telephone, and gas, flood con
trol, solid waste management,
cable TV, police, fire protec
tion and emergency health
services
Policy 2a and 2b• Water and
sewer services will be pro
vided by the City of Denton
in accordance with a separate
agreement between the De
veloper and the City The
terms of the agreement are
currently under negotiation
Policy 2c: Effluent disposal
from the Wastewater Treat
ment Plant may be utilized for
golf course and open space it
rigation
Policy 2d: Golf courses will
be used for detention and
storm water runoff from site
development to mitigate
downstream and offsite drain
age and flood control im
pacts
Goal 3
A water conservation pro
gram to be implemented in
the development phasing of
Robson Ranch
Policy 3a Utilize the plant
list from the City of Denton
and other drought -tolerant
plants for landscaping in golf
courses, open spaces and col-
lection roadway landscaping
Policy 3b Runoff detention
facilities to be provided ad-
jacent to and in washes and
golf courses to minimize de-
velopment impacts to down-
stream flows
Policy 3c On -site grading
and drainage design will
emphasize the detaining
stormwater on golf courses
for metering flow from the
site
ll 1 R V FIC CIRci,l dl ION
Goal 1
Establish a comprehensive
and long range circulation
system within the commu-
nity
Policy la Set design guide-
lines for collector roadways
and local streets that empha-
size safety, convenience and
efficiency for both residents
and visitors
Goal 2
Present a quality image and
sense of community to resi-
dents and visitors
Policy 2a. Provide a quality
visual experience along road -
23
Prepared for Denton City Council Mcrt.ng
rutsday, Auguai 3, 1999
P R O P O S E D P D Z O N I N G
ways by creating breaks in de
velopment providing views
into golf course corridors,
drainage open spaces, path
way systems, etc
I REuM UION & nisi N SI V I
Goal 1 Develop a coor
dinated open space system to
serve the full spectrum of rec
reational needs of the rest
dents and guests of the com-
munity
Policy la Provide for both
active and passive recre-
ational facilities to serve the
entire population of the com-
munity
Policy lb Design a pedes-
trian friendly community that
integrates identifiable neigh-
borhoods and community fa-
cilities with transportation
corridors and open space fa-
cilities
Policy lc Provide an inte-
grated system of amenities
and open space that will en-
hance the image and iden-
tity of the community and re-
spects the physical and envi-
ronmental characteristics of
the land
94 1 Prepared for Denton City Council Mi t dng
luesday, August 3 1999
JZobmn Co moes
P R O P O S E D P D Z O N I N G
Owneyship
Robson Ranch will be an active
adult community operated by a
Homeowners Association
(H O A ) and controlled by
CC&R's The preliminary
CC&R's are submitted concur-
rent with this P D submittal The
community structure will be op-
erated by the Developer through
the H O A The Developer re
serves the right to transfer own-
ership of assets such as without
limitation golf courses, pro -shops,
maintenance yards and open
space, but any assets not trans-
ferred to the H O A will be re-
tained by the Developer or con-
veyed to one or more third par-
ties Any asset intended to be
retained by the Developer or sold
to a third party will be maintained
by the owner of the asset, and as-
sets conveyed or intended to be
conveyed to the H O A will be
maintained by the H O A All
single family homes will be mem-
bers of the H O A
H��nte�wn�t S A,� a urn Ot, i i V
1 The business, property and
affairs of the Association shall
be managed, controlled and
conducted by a Board of Di
rectors
2 The Board shall have the
powers and duties necessary
for the administration of the
affairs of the Association
3 The Board's responsibilities
shall be to carry out the ob
lectives of the Association
which include, but shall not
be limited to, the following
a) administering, including pro-
viding administrative support
required for the Architectural
Committee,
b) preparing and administering
an operational budget that
provides for the protection,
administration and operation
of the Common Areas, the
improvements thereon and
the property of the Associa-
tion, for the performance of
all of the Association's re-
sponsibilities hereunder and
under the Association's Ar-
ticles & Bylaws, and for other
uses permitted by the
CC&R's,
c) scheduling and conducting
the meetings of members,
d) collecting and enforcing the
assessments and disbursing
25
Prepan d for Denton City Council Mc r,tmg
Tuesday, August i 1999
P R O P O
Koltun Commumlmr
S E D P D
funds received for the benefit
of the Association and its
Members,
e) maintaining records and
books, and performing other
necessary accounting func
tions,
f) promulgating and enforcing
of the Association's Rules,
g) maintaining the Common
Areas, and
h) all other duties imposed upon
the Board pursuant to the
CC&R's, the Bylaws, the Ar-
ticles and the Association's
Rules
4 The CC&R's will establish
voting rights and member-
Z O N I N G
ship guidelines for the H O A
5 The H O A will establish an
Architectural Control Corn
mittee for
• Review and approval of
landscape plans
• Review and approval of ad
ditions and alterations to the
exterior of existing homes
In addition to being members of
the Master H O A , attached
single family housing may be re-
quired to be members of a Sub -
Association in charge of yard
maintenance and various compo-
nents of the building exteriors
26 1 Prepared for Denton City Council Meeting
Tuesday, August d, 1999
t
Rodton Qammandas
P R O P O
S E D P D
Development Regulations
Ptloroseo LAND U11 C ai rc nRA1 ,
This community is envisioned to
be a "mixed use" residential de
velopment that allows a variety
of land uses that support the pri
marily residential and recre
ational land uses The develop
ment of these land uses will re-
spond to current and future mar-
ket demands and ensure com-
patibility of land uses through cre-
ative planning This Planned
Development District will allow
the following land use categories
SFL —
Single Family Luxury
SFP —
Single Family Premiere
SFC —
Single Family Casita
SFV —
Single Family Villa
MF2 —
Multi Family Two
NS —
Neighborhood Service
CS —
Community Service
OR —
Outdoor Recreation
P —
Parking
PLRM1I]fD UsF�
It is intended that this Planned
Development District shall per-
mit the following uses for each
land use category identified in this
document
Z O N I N G
RESIDENTIAL USES —
The SFL (Single Family Luxury),
SFP (Single Family Premiere),
and SFC (Single Family Casita)
categories permit the following
land uses
Single Family Dwelling — De
tached
Community Unit Development
Church or Rectory
Occasional Sales
Parks, Recreation, and Open
Space uses
Accessory Buildings
Electrical Substation
Electrical Transmission Facilities
Field or Construction Office
Fire Station or Public Safety Fa
cility
Gas Transmission Line
Home Occupation
Off Street Remote Parking
Microwave Tower
Swimming Pool
Telephone Switching or Relay
Station or Lines
Water Well, Reservoir, or Pump
ing Station
Golf Course
Stables located no closer than
200 feet from the nearest resi
dential structure
Swim or Tennis Club
Temporary Uses Related to Con
strucuon or Development
Sewage Pumping Stations
Water Booster Stations
Farm and Ranch, for the pur
pose of raising gram, horses and/
or cattle
a7
Prepared for Denton City Council Meeting
Tuesday Augun3 1999
P R O P O S E D P D Z O N I N G
The SFV (Single Family Villa)
category permits the following
land uses
Two Family Dwelling — At
tached
Community Unit Development
Church or Rectory
Occasional Sales
Parks, Recreation, and Open
Space uses
Accessory Buildings
Electrical Substation
Electrical Transmission Facilities
Field or Construction Office
Fire Station or Public Safety Fa
cihty
Gas Transmission Line
Home Occupation
Off Street Remote Parking
Microwave Tower
Swimming Pool
Telephone Switching or Relay
Station or Lines
Water Well, Reservoir, or Pump
mg Station
• Golf Course
• Swim or Tennis Club
Temporary Uses Related to Con
strucnon or Development
Sewage Pumping Stations
Water Booster Stations
Farm and Ranch, for the pur
pose of raismg gram, horses and/
or cattle
• Stables located no closer than
200-feet from the nearest resi
dential structure
The MF2 (Multi Family Two) cat
egory permits the following land
uses
Multiple Family Dwelling or
Apartment
Two Family Dwelling — At
[ached
Community Center
Instiamons of Religious or Phil
anthropic Nature
Nursing Home, Residents
Home, Extended Care for the
Aged
Library
Community Center
Sewage Pumping Station
Commercial Parking
Community Unit Development
Church or Rectory
Occasional Sales
Parks, Recreation, and Open
Space Uses
Accessory Buildings
Electrical Substation
Electrical Transmission Facilities
Field or Construction Office
Fire Station or Public Safety Fa
cdity
Gas Transmission Line
Home Occupation
Off Street Remote Parking
Microwave Tower
Swimming Pool
Telephone Switching or Relay
Station or Lines
Water Well, Reservoir, or Pump
mg Station
Golf Course
Swim or Tennis Club
Temporary Uses Related to Con
struction or Development
Hotel
Farm and Ranch, for the pur
pose of raising gram, horses and/
or cattle
Stables located no closer than
200 feet from the nearest resi
dential structure
z8
Prepared for Denton City Council Meeunq�
Tuesday August d, 1999
P R O P O S E D P D Z O N I N G
The NS (Neighborhood Service)
category permits the following
land uses
Community Unit Development
Art Gallery or Museum
Church or Rectory
Private School
• Community Center
Emergency Medical Care
Institutions of Religious or Phil
anthropic Nature
Nursing Home, Residents
Home, Extended Care for the
Aged
Library
Occasional Sales
Recreation, Park Facility or
Open Space
Accessory Building
Community Center
Electrical Substation and Trans
mission Line
Field or Construction Office
Fire Station or Similar Public
Safety Building
Gas Transmission Line or Me
tenng Station
Home Occupation
Off Street Remote Parking
Radio, Television, or Microwave
Tower
Sewage Pumping Station
Swimming Pool
Telephone Business Office
Telephone Line and Exchange,
Switching or Relay Static
Water Reservoir, Water Pump
ing Station or Well
Water Treatment Plant
Country Club
Golf Course
Swim or Tennis club
Auto Laundry
Gasoline Service Station
Parking Lot
Anuque Shop
Bakery
Cafeteria
Cleaning and Pressing Shop and
Laundry
custom Personal Service
Drapery, Needlework or Weav
ing Shop
Florist
Handicraft Shop
Professional and Administrative
Offices
On Premises and Off -Premises
Sale of Beer, Wine and/or Alco
hol Subject to State of Texas Al
cohol and Beverage Commis
sion
Restaurant
Retail Stores and Shops
Studio for Photographer, Must
cian, Artisans, Health Profes
sionals
Printing Shop
Temporary Uses
Parking Lot
Real Estate Office
Farm and Ranch, for the put
pose of raising gram, horses and/
or cattle
Stables located no closer than
200 feet from the nearest rest
dential structure
a9
Preparcd for Denton City Council Mcwng
luesday Augusta 1999
P R O P O S E D P D Z O N I N G
The CS (Community Service)
category permits the following
land uses
Community Unit Development
Art Gallery or Museum
Church or Rectory
Private School
Community Center
Emergency Medical Care
Institutions of Religious or Phil
anthropic Nature
Nursing Home, Residents
Home, Extended Care for the
Aged
Library
Occasional Sales
Recreation, Park Facility or
Open Space
Accessory Building
Community Center
Electrical Substation and Trans
mission Line
Field or Construction Office
Fire Station or Similar Public
Safety Building
Gas Transmission Line or Me
tering Station
Home Occupation
Off -Street Remote Parking
Radio, Television, or Microwave
Tower
Sewage Pumping Station
Sewage Treatment Plant
Swimming Pool
Telephone Line, Exchange,
Switching or Relay Station
Water Reservoir, Water Pump
ing Station or Well
Water Treatment Plant
Country Club
Farm and Ranch, for the pur
pose of raising gram, horses and/
or cattle
Stables located no closer than
200-feet from the nearest resi
dential structure
The OR (Outdoor Recreation)
category permits the following
land uses
Community Unit Development
Occasional Sales
Parks, Recreation, and Open
Space Uses Booce Ball, Horse
shoes, Shuffleboard, Volleyball,
etc
Accessory Buildings
Maintenance Facilities with
Gasoline Service
Electrical Substation
Electrical Transmission Facilities
Field or Construction Office
Gas Transmission Line or Me
tering Station
Off street Remote Parking
Microwave Tower
Swimming Pool
Telephone Switching or Relay
Station or Lines
Sewage Pumping Station
Water Reservoir, Water Pump
ing Station or Well
Country Club
Golf Course
Swim or Tennis Club
Parking Lot
Bakery, Cafeteria, or Restaurant
Florist
Handicraft Shop
Administrative Offices
Health Facilities
On Premises and Off Premises
Sale of Beer, Wine and/or Alco
hol
Retail Stores or Shops
Studios for Artisans
Temporary Uses
Farm and Ranch, for the pur
pose of raismg grain, horses and/
or cattle
Stables located no closer than
200 feet from the nearest rest
dential structure
30
Prepared for Denton City Council W tin&
Tuesday August 3, 1999
-4 P
R O P O S E D P D Z O N I N G
The P (Parking) category permits
the following land uses
RV Parking
Parking Lot
Field or Construction Office
Accessory Buildings
Electrical Substation and Trans
mission Facilities
Gas Transmission Line or Me
tering Station
Off Street Remote Parking
Microwave, Television, or Radio
Tower
Telephone Switching or Relay
Station or Lines
Sewage Pumping Station
Water Reservoir, Water Pump
mg Station or Well
Temporary Uses
Farm and Ranch, for the pur
pose of raising grain, horses and/
or cattle
Stables located no closer than
200-feet from the nearest resi
dennal structure
Pr( pared for Denton City Counal Mi
3r Im sday, Anyr, mt i, I�J99
P R O P O S E D P D Z O N I N G
DI nil i t It1 ouf�ki w N i
This Planned Development Dis-
trict is composed of primarily
residential uses The success of
this project depends on the flex-
ibility to blend product sizes
within the same parcels and to
move densities throughout the
community in response to mar-
ket changes This Planned De-
velopment District will not iden-
tify specific product sizes or den-
sities in specific parcels until the
detailed plan submittal stage The
concept plan is the guide for the
overall project density which is
identified as follows
Maximum Gross Residential
Density — 2 75 du/ac
Total Number of Residential
Units —7,500
This Planned Development Dis-
trict permits density transfers
within the boundaries of this
project and future acquired tracts,
so long as the maximum gross
density is not exceeded The to-
tal number of units includes all
residential land use categories
identified in this Planned Devel-
opment District— SFL, SFP, SFC,
SFV, and MF2
Di 4 E LOP %1I iN i S to N D ARDa
The development standards on
the following pages provide the
necessary changes to the current
City of Denton ordinances that
allow this project to be success
fully developed and become the
asset to the community that is
envisioned The unique param
eters and inherent character of an
active adult community is re
fleeted in these development stan-
fW$red ror Denton City Counul McLLm
lrsda g
31
Robson Comm rmhet
The following proposed standards relate to the City of Denton Zoning Ordinance
ZONING ORDINANCE REQUIREMENTS
The following standards will apply to the five categories of residential uses for the Robson Ranch Planned
Development District
Article III Area, Height and Use Regulations
Restdentsal Standards
Land Use Category
SPL
SPP
SI (
SI V
M 1 2
(Sough, Family
(Single Family
(Smgl ramJy
(4ing1Ll emily
(Multilamily
Luxury)
Premlen)
(asila)
Villa)
Iwo)
Minimum
1800 S r
1000 S P
800 S P
900 S 1
500 S 1
Dwelling Call
Most .um
60 2%.1one.
60 2%stone
60 2%stop s
60 2116 stair s
60 3 alone.
H eigb t/Stones
Minimum Lot Star
8050 S r
6000 S F
4400 S 1
3000 S I
N/A
Min Lot Width
70
60
55
80
10
N/A
Min Lot Depth
115
100
100
N/A
Min Front Yard
14 from bark
14 from back
14 Irom back
14 Irate hark
14 from back
Setback
of curb (or bark
of curb (or back
of Lunn (ur bark
of curb (or back
of wrb (or bark
14dL of
edge of
it, of
edg o1
dg of
sidewalk oa
sidewalk aa
sidewalk on
sidewalk on
.1dLw.lk on
.treat. where
street. wh IL
air, Ia whu
r"Lela wh,,c
atr 1. whLm
sidewalk. are to
sidewalk. are to
ndLwirlk. arcm
sidewalk. are to
aid walkaanlo
be eon.tmcted)
beconstructed)
be constructed)
be wnxtru cl it)
beconstructed)
living area
to hem, area
to living area
1e vmg a is.
Items
10 living .,,a
20 from back
20 from back
20 from back
20 from bark
20 from back
of curb (at back
of curb (or back
of rmb (or bark
of curb (or back
of ratio (ur b.Lk
edge of
edge of
edge of
dg, of
edge of
sidewalk on
sidewalk oa
sidewalk on
sid walk on
and walk o
street. where
.,,ec,s where
a ,—x wh 0.
streets where
sir Lis whee
sidewalk. are to
sidewalk. are to
aid walks arr to
sidewalks is 1.
aid, walks are 1.
bL constructed)
beconstructed)
he a nsnue ed)
b nanuned)
h .struetcd)
to fare of front
to face of front
m face of front
1. face of front
1. N'v of bar,
envy garage
entry garage
entry garage
entry garag
stilly g.Ia'L
Min Side Yard
5 Intenor
5 In u.nor
5 lnrenor
5 Interior
N/A
Setback
10 Street Side
10 Street Side
10 Street Sid
10 SImL1 Side
C o r n e a
C or n 0 r
C o r a L r
o r n
Min Rear Yard
10
10
10
10
N/A
Setback
Maximum Bldg
60%
60%
60%
60%
N/A
Cover.ge
Parking Pe.eid.n.
2 or I Car
2 art Car
2 ( ar GaragL
Car Garage
N/A
Garage
Garage
Masonry
N/A
N/A
N/A
N/A
N/A
Requirement
See the next section to amplify the information in this table
Prepare d for Denton City Council Me t ling
33 rnecady August 1999
P R O P O S E D P D Z O N I N G
The following standards will apply to the four categories of non residential land uses in the Robson
Ranch Planned Development District
Non-Resulenhal Standards
Land Use Categories
NS
Neighborhood Services
CS
Comrnunny SLrvILLs
OR
Outdoor Recreation
P
Parking
Maximum Height
60 2 Yx Stories
60 2 Ih Storms
60 2 �h Srouos
Bldg Coverage
FAR
2 1
--
Min Front Yard
20
20
20
20
Min Side Yard
Min Rear Yard
Parking
I sp /250 S b
1 sp /500 S I
Masonry Reqmts
* Golf carts will be used by a majority of residents, (typically 800/o of residents), consequently, parking
requirements identified in Section 35-301 shall be substantially less and will not be more dense than
1 space per 250 S F of combined golf/club facilities
See the next section to amplify the information in this table
34 1 Prepared for Dt nton City Council Meeting
Tuesday August 1, 1999
® 1 3
JUsan Cammunidet
P R O P O S E D P D Z O N I N G
Zonmg Ordinance Requirements
DIVISION 2 USB REGULATIONS
Section 35 66 Special Area and
Use Regulations
a) canopies, balconies, fire
places, bay windows, air condi
tioners, eaves and minor architec-
tural features may intrude in the
area between buildings Build
rags maybe located 10' apart and
have window, light or air open
rags
Section 35-76 Definitions and
Explanations
All roadways within the bound
aries of this project will be classi
fled as private and the Developer
and/or Homeowners Association
will be responsible for all main
tenance issues There will be two
classes of private roads, Major
and Minor Spine Road, which
will be referred to as Collector
Roads and the remaining roads
will be classified as Local/Resi-
dential Florence, Crawford and
Lively Roads are classified as
public collector roads, as recom-
mended by the City of Denton
All public streets will be designed
and constructed under the appro-
priate governmental standards
and regulations The only Arte
nal road is FM #2449 in this area
"Licensed Private Club"
2) Sales and consumption of al-
cohol may occur outside and
away from the clubhouses
and community activity
buildings (subject to approval
of TABC)
3) Paved parking will be plo-
vided at a ratio of 1 space per
250 S F of floor area because
of the number of golf carts
used for transportation
5) The licensed private clubs in
this project will be adjacent
to residential areas and may
operate with no distance re
strictions
6) No fences will be required be
tween the licensed private
clubs in this project and adla
cent residential properties
"On-Premues sale of beer andl
or mane"
b) Sales and consumption of a]
cohol may occur within the
designated sales areas, such as
clubhouses, lounges, restau-
rants, golf courses, patios, etc
Subject to the approval of the
Texas Alcohol and Beverage
Commission
c) Paved parking will be pro-
vided at a ratio of 1 space per
250 S F of floor area because
of the number of golf carts
used for transportation
e) The sale of beer, wine, or al-
coholic beverages may occur
adjacent to residential areas
with no distance restrictions
f) No fences will be required be
tween areas of alcohol sales
and residential properties
"Sale of Beer or Wine in
Restaurants"
If a restaurant, private club, or
35
Prepared for Denton City Council Meeting
Tuesday, August 11999
Zion a mma"'t"s
P R O P O S E D P D Z O N I N G
Zoning Ordinance Requirements
temporary sales facility is located
within or adjacent to a residen-
tial area, there shall be no dis-
tance, fencing or sales restrictions
Section 35-91 Area Regulations
(f (2)g Front yard setbacks will
be twenty (20) feet from the back
of curb (or back edge of sidewalk,
whichever is greater) to the face
of the front entry garage, and
fourteen (14) feet setback from the
back of curb (or back edge of side-
walk, whichever is greater) to the
living portion of the dwelling If
a garage has a side entrance, then
the minimum setback from back
of curb will be fourteen (14) feet
Section 35 93 Accessory Build
ings
(3)(b) Air conditioners, fireplaces,
bay windows, balconies, and
other projecting features may
project into the side yard setback
area
DIVISION 6 TEMPORARY USES
Section 35 132 General Provi
sions
A one-time permit will be issued
for the duration of the project to
allow for both construction facili-
ties temporary offices, and con-
struction material storage areas
This permit will allow for the pe-
riodic relocation of these tempo-
rary uses, as needed, except for
any and all hazardous material
storage, which will require a per
mit for each and every location
for any and all installations (above
ground storage tanks)
ARTICLE IV PD) PLANNED
DEVELOPMENT DISTRICT:
DIVISION 2
SIGNAGE
Section 35 1541
The following signage plan illus-
trates the general location and
conceptual images for signage for
this project Changes will occur,
and revisions will be submitted
with the detailed plan submittals
A detailed signage plan for this
project will be submitted with
each "Detailed Plan" submittal
DETAILED PLAN
Section 35-158 Minor Amend
ments to a Detailed Plan
Upon request of the applicant, the
executive director of planning
and development, or his designee,
may authorize amendments to a
detailed plan so long as such mi-
nor amendments do not change
the land use or substantially
change the character, develop-
ment standards or design of the
development as shown on the
Detailed Plan For purposes of
this provision, a "substantial
change" shall mean a change
which will increase the number
of proposed dwelling units more
36
Pri-pared for Denton City Council Mci Ling
lutsda , An st i 1999
LEGEND
IMAIN ENTRY SIGNAGE
SECONDARY ENTRY SIGNAGE
CLUBHOUSE ENTRY SIGNAGE
MODEL HOME PARK ENTRY
SIGNAGE
Master Signage Plan
ROBSON RANCH
These Materials And The Featiuw And Amomm
Dqndod In Tbew RmdmWA" Based Upon
offrem Dmiopmm Pim Which Are Subject To
obanp Or Adjusted Without Notice At The Developer's
Sole Discretion.
0 1500 3000 4500
GRApInC SCAJE IN FM
5/28/99
*DGNOSPECIFICATION
CfOmffE
GONGWT A
Pt%Kl MfTi�K KOAD IMKY MONUMENT
GONOWT b
Main Entry Signage Concepts
R OBSON RANCH
These Materials And The Features And Amenities Depicted
In These Renderings Are Based Upon Current Development
Plans Which Are Subject To Change Or Adjusted Without
Notice At The Developer's Sole Discretion.
01 K�,GT I ONAI .
STKf�fT f:UKN 15N 1 N�5
These Materials And The Features And Amenities llepicted
Directional Signage Concepts In These RenderingsAr'Based UponCurrentDevelopment
Plans Which Are Subject To Change Or Adjusted Without
Notice At The Developer's Sole Discretion,
R OBSON RANCH
'?, � " ., -T�
7t A 'I I -7771�r -i7 , r 'I , . ,
9717 1
I
Radson Cammuniher
P R O P O S E D P D Z O N I N G
Zoning Ordinance Requirements
than a 5% increase from the ap-
proved plan, increase the floor -
to -area ratio, size of structure,
height, lot coverage or number of
stories or buildings so as to be out
of compliance of the require
ments of this PD Ordinance, re-
duce lot, yard, or space size, de-
crease the amount of required off-
street parking spaces as approved
by this PD Zoning, change types
of buildings, setbacks, street ac-
cess points if it contradicts the
traffic report, or lots unless it is a
density change within the De-
tailed Plan area, or increase den
sity to no more than 5% of the
detail approved on the original
Detailed Plan, change traffic pat
terns if the change is in conflict
with the traffic report or alter ba-
sic relationship of the proposed
development to adjacent proper-
ties
This will apply to Section 35 176,
as well
PARKING LOT AND SPACE
REQUIREMENTS
Section 35-301 Vehicle Parking
Regulations
18) One space for every 250 sq
ft of floor area, due to the num-
ber of golf carts used for trans
portation
(e)(4)d There is no maximum
proximity requirement between
the building and the parking
spaces due to the campus style of
development in this project
Section 35-328 Norse and Odor
The following odor emitting land
uses are permitted in this PD
any uses that relate to water and
sewer treatment and associated
pumping and piping facilities
37
Prepared for Denton City Council Meeting
Tuesday Au st 3, 1999
P R O P O S E D P D Z O N I N G
Landscape Ordinance Requirements
The City of Denton ordinance
number 98 100 defines the level
of mandatory landscape Improve
ments and preservation Robson
Communities mandates a certain
level of landscape enhancements
to ensure the success of their
projects Robson Ranch will re
spend to the ordinance in the fol
lowing manner for this project
ARTICLE I GENERAL
Section 314 Applicability
1) An aerial photograph will be
provided to illustrate the low level
of existing tree cover This site
has minimal existing trees, so a
tree inventory is not applicable
Landscape plans will not be re-
quired prior to clearing and grad
ing, due to the lack of tree cover
on this site
ARTICLE II TREE AND LAND
PROVISIONS
Section 316 General Provisions
1) Tree Requirements
a) Trees - Robson Ranch shall
comply with the Ordinance by
providing trees at a ratio of 15
trees per acre Of the trees
planted, 50%may be less than the
required 3" caliper but not less
than 1 1i2 " caliper
2) Land Requirements
a) Planting Area Due to the ex-
tensive amount of golf course and
open space on this project which
amounts to 23 6% of the gross
area, the 20% requirement is sat
isfied
ARTICLE III LANDSCAPE
REQUIREMENTS
Section 31-7 Specific Landscape
Area Requirements
1) Parking Lot Screening and
Landscaping Robson Ranch will
adhere to the Perimeter Screen
mg section as it reads "visible
from the public right of wad' and
within five hundred (500) feet of
public right -of way as long as this
screening does not deter from the
visibility of the buildings within
the complex which is part of said
parking lot Interpretation of this
section will be decided during
Detailed Plan review
2) Outdoor Storage Screening
Robson Ranch will comply
38
Prepared for Denton City Council Meeting
TUesda , August 1 1999
Robm. Cummum6es
P R O P O S E D P D Z O N I N G
Landscape Ordinance Requirements
ARTICLE IV
ADMINISTRATIVE REVIEW
AND PERMITTING
The interior roadways and out
door recreation areas are all pri
vate, consequently the following
plan submissions pertain only to
the private sectors of this entire
project
Section 31-9 Administration,
Review and Permittmg
1) Plan Submissions
a) Tree Inventory Plan - An aerial
photograph will be submitted to
illustrate the existing low level of
tree cover Tree inventory plans
will not be required for this
project
b) Landscape Plan - A concep
tual landscape plan for the areas
in private right-of-way will be
submitted to demonstrate sub
stantial compliance with Article
II and to demonstrate the project
theme to be carried throughout
the project The conceptual land-
scape plan shall be utilized to
meet the requirements of the de-
tailed landscape plan
c) Irrigation Plan "Typical' it
rigation notes shall be added to
the conceptual landscape plan to
indicate that irrigation complies
with the criteria set forth in Sec
tion 31 8(2)
d) Review and Approval of the
Landscape and Irrigation Plans
Areas within private right -of ways
will be consistent with the con-
ceptual landscape plan submitted
e) Plot Plan - Landscape plans
will be required in conjunction
with the plot plan for all non-resi-
dential development within 500
feet of public right -of ways
Sec 31 10, 31-11, 31-12, 31 13,
and 31-14 will not apply to this
project except for public rights
of -way within the City of Denton
City Limits
39
Prepared for Denton City Council Merung
Tuesday, August i 1999
® Qp
Robson Commumba
R O P O S E D P D Z O N I N G
Parks and Open Space Requirements
Robson will comply with the
Parks and Open Space Require
ments and is curiently finalizing
an Agreement with the Parks Di-
rector regarding credits to be gen-
erated from contribution of land
and services
The floodplam areas on this
project are privately maintained
and will not be dedicated to the
City of Denton
40
Prepared for Denton City Council Mccdng
ruesday, August 3 1999
vi
Robson CommumGet
C O N C E P T
P L A N
e General Concept
lan i onsistent with the Denton
Plann Development District
ordin ce The concept plan for
Ro nch identifies the land
use types, approximate thorough
fare locations, project boundaries
and illustrates the integration of
these elements into a master plan
for the entire 2,725-acre district
A description of each land use fol
lows
Residential Uses
There are five categories of resi-
dential uses which include
SFL— Single Family Luxury
SFP — Single Family Premiere
SFC — Single Family Casita
SFV — Single Family Villa
MF2 — Multi Family Two
The residential uses will be
blended into neighborhood areas
which are cohesive and create a
sense of community These
neighborhoods will provide a va
riety of housing opportunities
which are integrated with the golf
and open space amenities These
amenities meander throughout
the natural drainageways which
link the neighborhoods together
These neighborhoods will be well
planned within the intent of the
Denton Zoning Ordinance to cre
ate clusters of housing, thereby
allowing appreciable amounts of
land for golf courses and open
spaces This also allows for
higher densities than conven-
tional single family projects of the
same acreage
41 1 Prepared for Denton City Cound M( eting
luesda , Au st 1 1999
two
Rodmn Conununitwr
C O N C E P T
There are two multi family tracts
located adjacent to Crawford
Road and near the two entries to
Robson Ranch
The residential areas will be de-
veloped to reflect an overall gross
density cap of 2 75 du/acre and/
or a maximum number of rest
dential units of 7,500 units
Specific lot arrangements, lot siz
ing, street patterns, and locations
of facilities are not identified in
this concept plan and will be de
tailed in future submittals as de
velopment plans and detailed
plans, according to Article IV,
Sec 35-151 District Plans
Nely6borbootb Service Uses
(NS)
The neighborhood service areas
are located on Crawford Road
near the main entry and on Lively
Road at the northern entrance to
Robson Ranch The purpose for
these service areas are to serve the
neighborhoods and residents with
shopping and to provide small
employment centers The per
mitted uses for these areas are
identified in this Planned Devel-
opment District submittal
P L A N
Community Services Uses
(CS)
Robson Ranch will accommodate
a variety of community service
uses that are listed in this submit-
tal Various utility uses and sup
port facilities such as churches
and water treatment facilities are
included in this category
Outboor Recreation Uses
(OR)
Robson Ranch has three 18 hole
golf courses proposed which in
cludes three clubhouse areas with
extensive community and recre-
ation facilities Existing
dramageways are being incorpo-
rated into a community open
space system
Golf Cart Paths and jogging and
walking trails will link the vari-
ous neighborhoods with the
project amenities
These amenities and recreation
areas, as well as maintenance and
support facilities for the recre
ation uses, are included in this
land use category
42
Prepared for Denton City Council Me( tmg
Tuesday August i 1999
LAND USE CATEGORIES LIVELY ROAD
R — RESIDENTLAL 1,926.1 Ac.
OR
NS — NEIGHBORHOOD SERVICES 37.1 Ac. 10 00
OR — OLYIDOOR RECREATION 662.0 Ac,
CS CONB4LNM SERVICE 14.1 Ac.
'
P PARKING . v, . . . . .
8.1 Ac. _041 —
STREETS & R.O.NV.
87.6 Ac.
"'k
r.
TOTAL ACRES
2,725.0 Ac. Rk,
R
t,j;,
let
0
R
R R ij It
91
4—
IP, k,
R
,_ RZ
z R
R'-
R
R
y;
R
W
R—
R
R
VR
�-
fJK
4ff.:
R,
"A >,,-
R
'A
Tha Materials And The Fptr And Amcnvtcs
DVwted in These Renderings Are Rased Upon
Ct t DCVCIOPmmt Plans Which Are Subject To
SolCbWDimOr A*Stcd Without ,I, Notice At TheD,,japeDeveloper'se eam-
Conceptual Master Plan
ROBSON RANCH 0 1500 3000 45M
GRAPHIC SCALE IN FEET
CONCEPTUAL PEDESTRIAN CIRCULATION PLAN
The Pedestrian Circulation Sys
tem for Robson Ranch is illus
trated in the folding conceptual
plan
There are three levels of pedes
than circulation which include
Community Linkaee Adjacent
to the spine roads that link to the
boundaries of the community
Neighborhood Pathways Adla
cent to primary residential/local
streets in each parcel that link the
open spaces with the spine roads
Greenbelt Trails Adjacent to
Greenbelts in the community
All of the pedestrian -ways con
nett to destinations such as the
clubhouse area, neighborhood
commercial areas and commu-
nity land use
43 1 Prepared for Dt nton City Council M( t Ling
ruesda , August 1 1999
LEGEND
COMMUNITY LINKAGE
NEIGHBORHOOD PATHWAYS
-------------- GREENBELT TRAILS
UW
al
-.J
Conceptual Pedestrian Circulation Plan
ROBSON RANCH
These Materials And The Features And Amenities
Depicted In These Renderings Are Based Upon
Ourient Development Plans Which Are Subject To
Change Or Adjusted Without Notice At The Developer's
Sole Discretion.
0 750 ism 3000
GRAPHIC SCAIE IN FEET
®MO6• •®
A D D
Zhun Cemmumher
I T I O N A L I N F O R M A T I O N
Additional Information
SUBDIVISION ORDINANCE REQUIRE'Al N [ I
PRELIMINARY CCVENANTSI CONDTTK NMI AND RnIRICil(ONS (CC&RS)
PHASINC PLAN
TRAFFIC STUDY
44 1 Prepared for Denton City Council Meeting
ILesda , August d, 1999
Robion Communitfu
SUBDIVISION ORDINANCE. REQUIREMENTS
This page left intentionally blank
45 1 Prepared for Denton City Corned Mu tmti
luenday, August 3 t999
Robson Commundies
P R O P O S E D P D Z O N I N U
Subdivision Ordinance Requirements
Section 34-45 Subdivider to Ex-
tend Mains to Subdivision
A separate Water and Sewer
Agreement will be incorporated
concurrent with City Countil re
view and approval
Section 34-99 Special Planned
Development Zoning Districts
Robson Ranch is being zoned
under the Planned Development
Zoning section of the City of
Denton's Zoning Ordinance We
used Section 34-99, Sub Section
b, 2 through 5 as a guide for the
variances to be considered on a
case -by case basis during review
of Detailed Plan(s)
SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS
ARTICLE III
STREET DESIGN FOR ALL
INTERIOR STREETS WHICH
ARE PRIVATE WITHIN ROBSON
RANCH
Section 34 114 Streets
Typical Sections The following
sections and plans illustrate the
potential proposed streets in
Robson Ranch, which will be de
signed to meet the City of Denton
safety requirements
Local/Residential Streets Mini-
mum width is twenty-four (24)
feet face to face with a fifty (50)
foot right of -way This roadway
section will only be used in iso-
lated or limited areas of special
development, such as the Villa de
velopment If this section is used,
the roadways will be properly
signed for "No Parking" on one
side of road to meet the Fire De
partments requirements for fue
lanes Normal roadway sections
will be thirty-one (31) feet face to
face with a fifty (50) foot right of
way The other local road section
to be used in this development is
the same thirty one (31) feet face
to face but adding a meandering
walking pathway system and us
ing sixty (60) feet of right of way
to allow for the pathway Thele
will be no other sidewalks except
for the pathway system as shown
on the Conceptual Pedestrian Cir-
culation Plan No tangents are
required at intersections or re-
verse curves and minimum curve
radius is one hundred fifty (150)
feet
North South Major Spine Road
Minimum width is 2 22' divided
roadway sections with a 14' me-
dian This is a private road with
private maintenance and has a
140' right of way One side of the
road will have an 8' meandering
cart path and the other side will
have a 5' meandering sidewalk
This roadway will not be painted
for bike lanes This is a private
roadway with private mainte-
nance
East-West Minor Spine Road
Minimum width is 2 11' travel
lanes with a 14' painted median
area One side of the road will
have an 8' meandering cart path
and the other side will have a 5'
Prepared for Denton City Council Meeting
7ucsda August 1 1999
so A ®
Robmn CmmmumGa
P R O P O S E D P D Z O N I N G
Subdivision Ordinance Requirements
meandering sidewalk This is a
private street with private main
tenance
North -South Minor Spine Road
Minimum width is 2 11' travel
lanes with a 14' painted median
area One side of the road will
have an 8' meandering cart path
and the other side of the road will
have a 5' meandering sidewalk
This is a private street with pri-
vate maintenance
Perimeter Roads Crawford
Road and Florence Road will be
designed and constructed using
the County of Denton regulations
and standards as these roads are
in the County right -of way Lively
Road will be designed and con-
structed as per the City of Denton
standards and regulations at the
time of design From the intersec
tion of a public and a private road,
the first five -hundred (500) lineal
feet of private roadway measured
from the centerline of the public
road will be designed and con-
structed to conform to all City of
Denton public street standards
including construction methods,
geometry and ingress/egress stan-
dards The proposed guard/card
gates for this project can be to
cated within the above mentioned
five hundred (500) feet
Street Block Lengths - Maximum
block length of 1800', subject to
Detailed Plan review on a case -
by -case basis
2) Trip determination numbers
for internal and external trips will
be determined by the Developer
and/or the Developer's traffic
engineer This determination will
be based on the Developer's ex
perience and other historical stud
ies or records available for retire
ment traffic volumes and will be
reviewed and approved by the
City
3) Streets will be per the P D
Zoning documents Pavement
sections of the roadways and
parking lots will be per the rec
ommendation of the Developer's
geo-technical engineer but under
no circumstances will the pave-
ment sections be constructed us-
ing asphalt over a flex base mate-
rial
5) c) 3) Subject to the current
Interlocal Agreement between
the County, Northlake, and
Denton, this project shall be ex
empt from the perimeter street
provisions for Crawford Road
and Florence Road only, as these
roads will be designed under
Denton County regulations and
standards Lively Road will be de-
signed and constructed using the
latest standards from the City of
Denton The actual design re
quirements for Lively Road will
be determined by the amount of
traffic, which will use this road
9) c) Collectors to have same dis
tance spacing between intersect
ing streets as required for local
streets with a minimum curve ra
dins of 250'
47
Prepared for DLnton City Council Mu in,
fuesda , Au ist i 1999
a
f1
Al
F
z
O
i
0
y
U
O
0
m
x
x
N
U
Minor North /South Spine Road
Strived Median
(Cart Path One Side - Sidewalk One Side)
�OBSON RANCH
0 20 40 60
GRAPHIC SCALE RV PEEL'
2-WAY CART PATH
VAM PERIODIC
WIDENING TO 12'
Major North /South Spine Road
Raised, Median
(Cart Path One SW67 Sidewalk One Side)
Conceptual Master Plan
ROBSON, RANCH,
5'NWAMERING
SIDEWALK
0 20 40 60
7=�
GRAPHIC SCALE IN FEW
Minor East /West S in e Road
Striped Me ian
(Cart Path One Slide -- Sidewalk One Side)
Y MEANDERING
SIDEWALK
ROBSON RANCH
0 20 40 60
7J�
GRAPHIC SCALE IN PERT
P R O P O S E D P D Z O N I N G
Subdivision Ordinance Requirements
16) Fire Lanes are not to impact
the aesthetics of the develop
ment The Developer will adhere
to Section 11-107 (b) and (c) of
Chapter 11 of the Denton Fire
Prevention Ordinance The De
veloper will be exempt from Sec
tion 11-110 (a),(b),(c), & (d) but
will adhere to (e) with the Devel-
oper designing the signage to
match the project theme Fire
lane signage/marking must be
approved during review of the
first applicable Detailed Plan, and
will be consistent in implementa-
tion for subsequent stages of
project development
c) The developer shall install the
lights of his choice and negotiate
the cost with the utility provider
Street lighting must meet City
design performance standards
Section 34-114 Streets subsection
(9) Intersections
a Curvilinear streets shall be
designed so as to approach an
intersection either (i) with no tan
gent requirement at intersections
and reverse curves, or (it) with a
curve having a radius of 150 feet
approaching the intersection
d The maximum grade ap
preaching an intersection shall be
4 0% for 60-feet from the inter
sectmg curb for exceptional cir
cumstances, subject to review and
approval on a case -by -case basis
during Detailed Plan review
Section 34-115 Driveways and
Parking Lots
a) Definitions parking lot means
that portion of any lot that is used
by vehicles, which includes golf
carts
c) 1) No separate driveway cut
permit will be required, as it will
be a part of the building permit
process for private roads only
Appendix A 5 Parking Lots
This appendix shall include park
ing spaces and lanes for golf carts
Stacking distances will vary, de-
pending on the location and may
not conform with current city
standards
This project is a secured, gated
community that will necessitate
driveway access to the north
south major spine roads and the
east -west minor spine road
e) Access to collector streets
This project is a secured, gated
community that will necessitate
driveway access to the north
south major spine roads and the
east -west minor spine road
g) 2) The minimum residential
corner clearance requirements
are as follows
Intersection Minimum
ipg Distance (feet]
Collector
Local 15
Local
Local 15
48
Preparcd for Denton City Council Meeting
Tuesda , August d, 1999
P R O P O S E D P D Z O N I N G
Subdivision Ordinance Requirements
i) Not a requirement for Robson STREET LIGHTS
Ranch
Definition for Robson Ranch
Collector Roads - The Minor and
Major Spine Roads as described
in this submittal are the only col-
lector roadways within the private
road section of this project
One -family and two family drive
ways shall be allowed to connect
to collector streets
Section 34-119 Alternate Wa-
ter and Sewer Facilities
See separate Sewer and Water
Agreement with the City of
Denton
STREET LIGHTS
Section 34-123 Streetlights
b) General Standards Lighting
on the property shall be designed
so as not to shine on or otherwise
disturb surrounding residential
property, or to shine or project
upward to prevent the diffusion
of light into the night sky
2) Streetlight number, type and
size shall be determined by the
developer All interior street
lighting will be private lights
Section 34-119 Alternate Wa-
ter and Sewer Facilities
A separate Water and Sewer
Agreement will be incorporated
concurrent with City Countil re
view and approval
Section 34-123 Streetlights
b) General Standards
2) Streetlight number, type and
size shall be determined by the
developer All interior street
lighting will be private lights
DRAINAGE
Robson Ranch is a private retire
ment community As a general
rule, golf courses will be situated
in the existing watercourse areas
(drainage ways, channels, and
floodways) The Developer and/
or Homeowner's Association will
maintain the golf courses In gen
eral, street storm runoff will be
directed onto the golf course ar-
eas, routed through a series of
detention areas so that peak dis-
charges do not exceed natural (ex
isting) conditions, then released
to existing downstream water
courses
Section 34-124
d General Drainage Requirements
4 Detention Facilities are pri-
vate facilities and are gener-
ally located on the golf
courses and open spaces
which will be designed for a
size and shape appropriate for
integration with these facili
ties The Developer and/or
Home Owners Association
will maintain these detention
facilities Any detention la -
49
Prepared for Denton City Council Mceung
rucsday August3, 1999
sgo,
Robron Commundier
P R O P O S E D P D Z O N I N G
Subdivision Ordinance Requirements
cihty that is designed to re
duce onsite runoff to match
existing watershed conditions
shall be contained in a private
drainage and detention ease-
ment with prescriptive lan-
guage that outlines the main-
tenance responsibilities of
Robson's Home Owners As-
sociation and capabilities for
the city
e General Drainage Requirements
5 Channels are generally to
sated within golf courses or
open space The channels
will be designed utilizing a
material, shape and configu
ration, which is appropriate
and aesthetic for incorpora-
tion into these aforemen-
tioned privately owned and
maintained facilities Devel-
oper need not comply with
these regulations regarding
lining, grade, freeboard, pilot
channels, or maintaining
channels in a natural state
All channels outside the golf
course shall be designed for
the 100 year fully developed
conditions with appropriate
erosion control where neces-
sary and in areas of excessive
velocities All these improve-
ments must meet all the re-
quirements of the Army
Corps of Engineers 404 Per
mit Regulations
6 Robson Communities and/or
the Home Owners Associa-
tion maintain their projects
and are aware of the project
needs Consequently, they
will not be required to com
ply with requirements of
channel access roads and
ramps or minimum bottom of
channel width of this section
This project is located on a to-
pographical ridge which has
no significant drainage area
size contributing to or
through the project Minor
drainage systems shall be de
signed to convey the ten-year
frequency storms for pipe sys
tems associated with the
streets Depth of flow for a
ten year storm shall not ex
seed top -of -curb or 6-inches
at any point Depth of flow
for 100 year storm shall be
not exceed right-of-way or 10
inches at any point Storm
water that has been collected
at the last point or most
downstream point of the sub-
division shall be designed to
convey the 100-year storm
through a pipe, above ground
system, or combination of
both to the creek or point of
release away from all struc
tures All other drainage that
is not associated with the
street shall be designed for
100-year storm
f Design Criteria
This project is a private and
gated development main
tained by the developer and/
or the Home Owners Asso
ciation who are aware of
50
Prepared for Denton City Council Mu tmg
ruesday, August 3, 1999
ROAM" Co Uwtles
P R O P O S E D P D Z O N I N G
E
Subdivision Ordinance Requirements
health and welfare of its age
restricted residents Design
frequency will be for the 10-
year event for the street/
storm drains and 25 year
storm event foi the road cul-
vert crossings with some type
of overflow structure capable
of conveying the 100 year
storm event with a maximum
water depth of six (6) inches
However, one (1) road access
into and out the development
will provide a culvert design
which meets the 100-year fre
quency event
North/South spine road will
be designed with one lane
open in each direction Mi-
nor East/West spine road will
be designed with only its me-
dian area open for traffic
movement during a storm
event Minor North/South
spine road (90' R/W) and to
cal roads will be designed to
convey storm water flow to
the top of the curb All streets
will allow storm drainage
cross flow through intersec
tions with a maximum depth
in the intersections of four (4)
inches with a depressed
crown The depth of flow for
ten-year storm shall not ex
ceed top -of -curb or 6 inches
at any point and depth of flow
for 100-year storm shall be
not exceed right -of way or 10
inches at any point Two (2)
valley gutters are permitted
across a local street intersec-
tion provided the intersecting
street crown is flattened for
rideabihty At Developer and/
or developer's engineers discre
tion, there may be single valley
gutter at midblocks of local
stieets and collector roads
3 Based on the private character
and maintenance of the devel
opment, the pipe system will be
designed to meet RCI consid
erations and the following con
ditions set by the City of
Denton
a) Pipe sizes and materials
shall be at the discretion of the
owner for all drainage systems
associated with the golf course
and detention pond facilities At
the developer's and/or the
developer's engineers' discre-
tion, the storm drainpipe mate
rials will be PVC, BCCMP,
RCP or HDPE
b) All pipes draining the
street right of way or other
property not associated with the
golf course shall meet the City
of Denton regulations HDPE
is accepted by the City of
Denton in sizes up to and in
cluding 48" in diameter
c) Pipe systems conveying
offsite runoff through the golf
course shall meet City of
Denton storm volume regula
tions
4 Private nature of the develop
ment does not require Devel
oper to comply with this sec
tion, except for the following
conditions all culverts located
in any public right of ways or
in the first five hundred (500)
feet of private road from the in
51
Pn pared for Denton Gity Council Meeting
Tuesday August 9 1999
Ro6mn Cammumhu
P R O P O S E D P D Z O N I N G
E
Subdivision Ordinance Requirements
tersection with a public road will
adhere to either the City of
Denton or Denton County specs
fications and regulations, de-
pending upon the governmental
right of -way, the culverts are lo-
cated within The five hundred
(500) feet of private road will be
measured along the centerline of
the private roadway beginning at
the centerline of the public road
way
Detention facilities are generally
located on the golf courses or
open spaces and will be designed
for a size and shape to be appro
priate for integration with these
facilities The Developer and/
or the Home Owners Associa
tion will maintain these deten-
tion facilities The 100-year
event shall be used to determine
the detention basin storage vol-
ume required Detention facili-
ties shall be designed so that any
additional runoff generated by
the proposed development will
not increase the amount of origi
nal discharge for storm frequen
ties from the five year to the one
hundred -year flood as outlined
in the Drainage Design Criteria
All detention and retention
ponds that are used for detention
credit shall be contained in a
drainage easement that has pie-
scriptive language to indicate the
maintenance responsibilities
The language will also allow the
City of Denton certain capabili
ties for inspection and enforce-
ment The materials and size
of overflow spillway and/or con
dust through detention basin em
bankment will be determined by
the Developer and/oi the
developer's engineer Detention
Basin excavation or fill slope
construction will not exceed
three (3) on one (1) or exceed a
slope determined by the
Developer's geo-technical engi
neer Project is a Master
Planned Community with on
site maintenance that will not re
quire the need of desalting ponds
upstream of pool area Project
is age restricted, project site pe
rimeter is fenced, and its road
way entries are gated which will
not require individual detention
basin side fencing
g This is a private development
The 100-year floodplam as desig
nated by Federal Emergency Man
agement Agency (FEMA floodplam
maps) shall be dedicated as a pri
vate drainage easement Detention
facilities shall also be in a private
drainage easement as described in
(d)4 and (f) 5 above Open than
nels outside the golf course and
streets shall be in a private drainage
easement
It This provision will only apply
to lots in, adjacent, or within 150
feet of the 100-year floodplam or
drainage channel that carries the
100-year storm Minimum finished
floors for lots at sags or low point
shall be specified on the engineer
ing plans and final plat to avoid
flooding problems
The following are additional dram
age comments made relating specifi
tally to the City of Denton Drain
age Design Criteria Manual
52
Prepared for Denton City Council Mt wing
luesday Aupr,tst3 1999
® ,401 P R O P O S E D P D Z O N I N G
Subdivision Ordinance Requirements
Z6n Cmnmtier
The following comments relate to the sections in the "Design Drainage Criteria - Denton, Texas 1990"
SECTION COMMENT
6 INLET DESIGN
6 2 7 Request grate inlets to be allowed if not located in street cross
section
7 STORM DRAIN DESIGN All variance requests for this section are detailed in prior sections
S OPEN CHANNEL All variance requests for this section are detailed in prior sections
10 OPEN CHANNEL All variance requests for this section are detailed in prior sections
The City of Denton assumes no liability for its actions in granting these variances since the drainage
system will be privately owned and maintained In addition, these variances are normally granted at the
final plat stage only after the construction plans have been reviewed Without the level of detail that is
normally present when a variance is granted, the City of Denton reserves the right to require compliance
with the city regulations in situations where upon review of Detailed Plans, plats, or construction plans, it
becomes apparent that public health, safety or welfare may be compromised Robson will comply with
future Federal, State, or other regulations as they apply to the property, regardless of variances issued by
Denton The term "variance," as used herein, shall not be construed to be a variance or modification as
per Section 34-6 of the City of Denton Code, until specifically identified as part of an approved Detailed
Plan or individually approved variance
Prepared for Denton City Council Mi Ming
53 1uesday, August 3, 1999
P R O P O S E D
.n,
.'$obton G'mmmundiet
P D Z O N I N G
Subdivision Ordinance Requirements
Section 34-126 Monuments and
Markers
a) All Monuments and Markers,
which may tend to be destroyed
If installed on an earlier schedule,
will be installed when the con
structton is completed
Chapter 34 - Appendix A 1
Maximum street grades shall be
as follows
Arterial street 7%
Collector street 8%
Local/residential 9%
54 1 Prepared for D( nton City Councd Mi i tin&
IuLsda , August 1 1999
PRELIMINARY COVENANTS, CONDITIONS, AND RESIRIC,IIONS (CC&R')l
This page left intentionally blank
Prepan d for Denton City Counrd Mrrling
55 I'ncxday, August 9 1999
When recorded mad to
DECLARATION OF ANNEXATION AND TRACT DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
ROBSON RANCH DENTON UNIT
This Declaration (this "Tract Declaration") is executed as of the _ day of
1999, by ROBSON RANCH DENTON, LLC, a Delaware limited liability company ('Declarant')
RECITALS
A Declarant executed the Declaration of Covenants, Conditions and Restrictions of
Robson Ranch Denton, dated 1999, which Declaration was recorded in the Official
Records of Denton County, Texas on 1999, as Instrument No (the
"Declaration")
B Article XIV of the Declaration contemplates the annexation of Annexable Property
to Robson Ranch Denton Resort Community by recordation of Tract Declarations The real
property described on Exhibit "A" hereto (the "Property") constitutes a portion of the Annexable
Property
C Article IV of the Declaration contemplates that Tract Declarations establishing Land
Use Classifications for parcels of land will be executed and recorded periodically
DECLARATION
Now, therefore, Declarant declares as follows
1 Definitions All capitalized terms used but not defined in this Tract Declaration
shall have the meanings assigned to them in the Declaration
2 Annexation The Property is hereby annexed to Robson Ranch Denton Resort
Community and is hereby made subject to all of the terms and provisions of the Declaration The
Property shall hereafter constitute a portion of Robson Ranch Denton Resort Community
3 Land Use Classifications The Land Use Classifications of the various portions of
the Property are set forth in the attached Exhibit "B" Each portion of the Property shall hereafter
be subject to the Land Use Classification assigned to that portion on Exhibit "B"
4 Age Restriction The Property is intended and operated for occupancy by persons
fifty-five (55) years of age or older Subject to compliance with the Requirements for Exemption
as set forth in paragraph 5 below, all occupied Dwelling Units must be occupied by at least one
person who is forty (40) years of age or older, and no person who has not yet reached their
nineteenth (19th) buthday shall reside permanently at the Property The Board, in its sole
discretion, shall have the right and power to determine when a person resides "permanently" at the
Property
5 Occupancy of Dwelling Um t Title VIII of the Civil Rights Act of 1968 (as
amended, the "Fair Housing Act") prohibits discrimination in the sale, rental and financing of
dwellings based on familial status, that is, discrimination based on the domicile of individuals
under eighteen (18) years of age Therefore, communities generally are not permitted to prohibit
occupancy by persons under eighteen (18) years of age However, the Fair Housing Act provides
that a community is exempt from this restriction if the community is intended and operated for
occupancy by persons 55 years of age or older and the following requirements (as more fully set
forth in the Fair Housing Act and supplemented by the regulations promulgated thereunder, the
"Requirements for Exemption") are satisfied
(a) at least eighty percent (80%) of the occupied units are occupied by at least
one (1) person who is fifty-five (55) years of age or older,
(b) the community complies publishes and adheres to policies and procedures
that demonstrate the intent to provide housing for persons fifty-five (55) years of age or older, and
(c) the community complies with rules issued bN the Secretary of Housing and
Urban Development for verification of occupancy
Declarant intends that the Property comply with the Requirements for Exemption of the Fair
Housing Act Therefore, (i) at least one occupant in each occupied Dwelling Unit in the Property
must be at least fifty-five (55) years of age or older, except as hereinafter set forth, (ii) the
Association is hereby directed to publish and adhere to policies and procedures that demonstrate an
intent to provide housing for persons fifty-five (55) years of age or older, and (ui) the Association is
directed to comply with rules issued by the Secretary for Housing and Urban Development for
verification of occupancy
6 Board Discretion The Requirements for Exemption contemplate that up to twenty -
percent (20%) of the units in a community may be occupied by persons all of whom are under the
0
age of fifty-five (55) without loss of the exemption, and that the eighty percent (80%) requirement
does not apply until twenty-five percent (25%) of the units in the housing facility are occupied
Accordingly, the Board, upon application by an Owner, tenant, purchaser or proposed lessee, shall
have the right and option, in the Board's sole and absolute discretion, to allow a Dwelling Unit to be
occupied by individuals all of whom are under the age of fifty-five (55), provided at least one (1)
occupant of the Dwelling Unit is at least forty (40) years of age and provided that the Board takes
appropriate action to comply with the Requirements for Exemption The Board shall exercise its
discretion based upon criteria that the Board shall detenrune, which criteria shall include, by way of
example and not limitation, information then known to the Board concerning potential or pending
changes in occupancy of other Dwelling Units in the Property, if any, and the ages of any likely
remaining occupants of such Dwelling Units, proximity to age fifty-five (55) of those occupants of
other Dwelling Units in the Property then under such age and any other information known to and
deemed relevant by the Board it its sole discretion The Association, acting through the Board,
shall have the right to promulgate rules and regulations necessary to comply with the Requirements
for Exemption
7 Declarant Rights Limitations Notwithstanding the provisions of paragraph 6
above, Declarant shall have the right to convey Dwelling Units owned by Declarant to purchasers
who intend that the Dwelling Units be occupied only by persons under fifty-five (55) years, but for
so long as the Fair Housing Act is in effect, Declarant must take reasonable action to adhere to
policies to comply with the Requirements for Exemption Each Dwelling Unit, at the first change
of occupancy of that Dwelling Unit, shall thereafter be subject to the requirement that at least one
(1) occupant be fifty-five (55) years of age or over unless waived by the Board pursuant to the
provisions of paragraph 6 above
8 Notice to the Association In the event there is a change in the occupancy of any
Dwelling Unit, such as for example but not limitation b% reason of a death or divorce, such that
there is not at least one (1) occupant of the Dwelling Lnit who is fifty-five (55) years of age or
older, the Owner must immediateh notify the Association of such change in writing
9 No Liability Notwithstanding anything contained herein to the contrary, it is
acknowledged and agreed that although it is the intent of the Declarant and the Association that the
Property be exempt from the familial status provisions of the Fair Housing Act and that persons
eighteen (18) years of age or younger be prohibited from residing permanently at the Property, no
representation or warranty is given that the Property will comply with the Requirements for
Exemption If for any reason the Property is not exempt from the familial status provisions of the
Fair Housing Act and, therefore it is unlawful to discriminate at the Property on the basis of
familial status, neither Declarant nor the Association shall have any liability in connection
therewith
10 Interpretation This Tract Declaration shall be considered an integral part of the
Declaration and shall be construed as if the provisions hereof were set forth in the Declaration This
3
Tract Declaration shall run with all of the Property and shall be enforceable in accordance with and
as a part of the Declaration
11 Amendments This Tract Declaration and the plat of the Property may be amended,
modified or revoked in whole or in part at any time by Declarant and by the Owner(s) of the portion
of the Property that is the subject of such amendment, modification or revocation In addition, tlus
Tract Declaration and the plat of the Property may be modified, amended or revoked at any time by
Declarant and the Owners of a majority of the Lots that are subject to this Tract Declaration or such
plat, including Lots owned by Declarant Neither this Tract Declaration nor the plat of the Property
may be amended, modified or revoked without Declarant's consent to and signature on the
amendment, modification or revocation
IN WITNESS WHEREOF, Declarant has executed this Tract Declaration as of the date first
above written
DECLARANT
ROBSON RANCH DENTON, LLC, a
Delaware limited liability company
By Arlington Property Management
Company, an Arizona corporation
M
0
Its
STATE OF TEXAS )
) ss
County of Denton )
The foregoing instrument was acknowledged before me this _ day of
1999, by , the
of Arlington Property Management Company, the Manager of Robson Ranch Denton, LLC, a
Delaware limited liability company, on behalf of the limited liability company
My Commission Expires
N16tary Public -
5
EXHIBIT "A"
LEGAL DESCRIPTION
THE PROPERTY
EXHIBIT "B"
LAND USE CLASSIFICATIONS
When recorded, return to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
ROBSON RANCH DENTON RESORT COMMUNITY
-1-
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
ROBSON RANCH DENTON RESORT COMMUNITY
THIS DECLARATION is made this_ day of , 1999, by Robson
Ranch Denton, LLC, a Delaware limited liability company ("Declarant'), to establish the nature of
use and enjoyment of that certain real property located in Denton County, Texas, which is more
particularly described on Exhibit A hereto and which shall be known as 'Robson Ranch Denton
Resort Community "
RECITALS
A Declarant desires to subdivide and develop Robson Ranch Denton Resort
Community into a planned community consisting of residential, commercial, recreational and other
areas and uses
B Declarant intends, without obligation, that when developed fully, Robson Ranch
Denton Resort Community will include several residential neighborhoods, one or more golf courses,
one or more clubhouses, and greenbelts and recreational and commercial areas, including but not
limited to open spaces, walkways and other social, commercial and civic buildings and facilities
C As the development of Robson Ranch Denton Resort Community proceeds,
Declarant intends, without obligation, to record various subdivision plats, to dedicate portions of
Robson Ranch Denton Resort Community to the public for streets, roadways, drainage, flood
control and general public use, or to keep all or portions of the above private and dedicate them to
the Association, and to record Tract Declarations covering portions of Robson Ranch Denton Resort
Community , which Tract Declarations will designate the purposes for which such portions of
Robson Ranch Denton Resort Community may be used and may set forth additional covenants,
conditions and restrictions applicable to such portions of Robson Ranch Denton Resort Community
D Declarant reserves the right, without obligation, to annex additional land into the
Robson Ranch Denton Resort Community planned community, which land is defined and described
as "Annexable Property" in Article I B below Such additional annexations may or may not be
contiguous to any other land within Robson Ranch Denton Resort Community
E Declarant desires to form the Association as a non-profit corporation to (1) own,
manage and maintain the Common Areas and certain other areas in Robson Ranch Denton Resort
Community , (2) levy, collect and disburse the Assessments and other charges imposed hereunder,
and (3) act as the agent and representative of the Robson Ranch Denton Resort Community Owners
and enforce the use restrictions and other provisions of this Declaration,
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F In the event that Declarant should develop land as described in Recital D above,
Declarant may develop such lands as not part of Robson Ranch Denton Resort Community, but
shall have the right without obligation, to execute binding reciprocal agreements between any or all
of the land within Robson Ranch Denton Resort Community and the additional areas of land so
developed by developer which are not part of Robson Ranch Denton Resort Community
G Declarant desires to establish for its own benefit and for the mutual benefit of all
future Owners, or other holders of interests in any portion of Robson Ranch Denton Resort
Community , certain mutually beneficial covenants, conditions, restrictions and obligations with
respect to the proper development, use and maintenance of Robson Ranch Denton Resort
Community
H Declarant desires and intends that the Owners, mortgagees, beneficiaries, trustees
and other persons hereafter acquiring any interest in Robson Ranch Denton Resort Community shall
at all times enjoy the benefits of, and shall hold their interest subject to, the rights, easements,
privileges, covenants and restrictions hereinafter set forth, all of which are declared to be in
furtherance of a plan to promote and protect the value, desirability and attractiveness of Robson
Ranch Denton Resort Community
I IN ORDER TO PROMOTE THE QUALITY AND CONSISTENCY OF
MANAGEMENT AND MAINTENANCE OF ALL COMMON AREAS, THIS DECLARATION
PROVIDES THAT DECLARANT SHALL (1) MAINTAIN ABSOLUTE CONTROL OF THE
ASSOCIATION UNTIL THE TRANSITION DATE, INCLUDING WITHOUT LIMITATION THE
RIGHT AND POWER TO AMEND THE ARTICLES, APPOINT THE OFFICERS, SELECT THE
MEMBERS OF THE BOARD AND APPOINT THE MEMBERS OF THE ARCHITECTURAL
COMMITTEE, (2) MANAGE THE ASSOCIATION UNTIL THE THIRTY FIFTH (35TH)
ANNIVERSARY OF THE TRANSITION DATE, AND (3) FROM AND AFTER THE DATE
THAT ONE THOUSAND (1,000) HOUSES ARE CONSTRUCTED iN ROBSON RANCH
DENTON RESORT COMMUNITY AND UNTIL SUCH THIRTY FIFTH (35TH)
ANNIVERSARY, RECEIVE A MANAGEMENT FEE FROM THE ASSOCIATION IN THE
AMOUNT OF FOUR PERCENT (4%) OF THE TOTAL GROSS REVENUE OF THE
ASSOCIATION FROM ALL SOURCES
J Declarant therefore wishes to subject all of Robson Ranch Denton Resort
Community to the covenants, conditions, restrictions, assessments, charges, servitudes, liens,
reservations and easements hereinafter set forth (collectively, "Covenants") which Covenants shall
run with the land and shall be binding upon and inure to the benefit of all parties having any right,
title or interest in and to Robson Ranch Denton Resort Community or any part of Robson Ranch
Denton Resort Community
NOW, THEREFORE, in consideration of the matters set forth in the Recitals and the
Covenants set forth below, Declarant declares as follows
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ARTICLE I
As used in this Declaration, and except as otherwise provided in Article XIV, Section 3, the
following terms, when capitalized, shall have the meanings set forth below
A "Ancillary Association" shall mean an incorporated association created by or with the
written consent of Declarant for (1) the Owners of Lots or Dwelling Units within one or more
subdivision(s) or neighborhood(s) in Robson Ranch Denton Resort Community , or (2) the Owners
or tenants of business lots, commercial condominiums or improvements within one or more
commercial Parcel(s) in Robson Ranch Denton Resort Community' -
B "Annexable Property" shall mean all or any portion of the property described in Exhibit B
hereto or any other property designated by Declarant, whether or not contiguous thereto or to any
portion of Robson Ranch Denton Resort Community
C "Annual Assessment" shall mean the charge levied and assessed each year against each
Lot, Dwelling Unit and Owner pursuant to Article V ❑, Section 2, of this Declaration
D "Apartment Development" shall mean a Parcel or portion thereof which is identified as
an Apartment Development in a Tract Declaration and is comprised of integrated Rental
Apartments and surrounding areas which are under the same ownership
E "Architectural Committee" shall mean the Architectural Committee of the Association to
be created pursuant to Article XI below
F "Architectural Guidelines" or "Design Guidelines" shall mean the guidelines that may be
established by the Architectural Committee for the appearance and development of Residential
Areas in Robson Ranch Denton Resort Community, as well as the review and approval procedures
for the Architectural Committee, as amended from time to time
G "Articles" shall mean the Articles of Incorporation of the Association as amended from
time to time
H "Assessable Property" shall mean any Lot in Robson Ranch Denton Resort Community
covered by a recorded Tract Declaration, except such part or parts thereof as may from time to time
constitute Exempt Property
i!
I "Assessment" or "Assessments' shall mean Annual Assessments, Special Assessments,
Maintenance Charges, Special Use Fees, Security Fees, or any other fees, fines or charges assessed
hereunder
J "Assessment Lien" shall mean the lien created and imposed by Article VII
K "Assessment Period" shall mean the term set forth in Article VII, Section 7
L "Association" shall mean the Texas nonprofit corporation to be organized by Declarant to
administer and enforce the Covenants and to exercise the rights, powers and duties set forth in this
Declaration, and its successors and assigns Declarant intends to name the Association " Robson
Ranch Denton Homeowners Association No 1, Inc "
M "Association Land" shall mean such part or parts of Robson Ranch Denton Resort
Community , together with the buildings, structures and improvements thereon and other real
property, that is held by Declarant or by a trustee for conveyance to the Association on or before the
Transition Date, or that the Association now or hereafter owns in fee or in which the Association
now or hereafter has a leasehold or easement interest, for as long as the Association is the owner of
the fee, leasehold or easement interest or such property is so held by Declarant for conveyance to the
Association Except as otherwise provided in this Declaration, all Association Land shall be
maintained by the Association at its expense for the benefit of all of the Owners From time to time
Declarant may convey easements, leaseholds or other property within Robson Ranch Denton Resort
Community to the Association, and such property automatically shall be deemed accepted by the
Association
N "Board" shall mean the Board of Directors of the Association
0 "Bylaws" shall mean the Bylaws of the Association as amended from time to time
P "Commercial Areas" within Robson Ranch Denton Resort Community shall mean and
include any Parcel or portion thereof owned by one person or entity or a group of persons and/or
entities that is used for one or more commercial purposes, including but not limited to the following
Apartment Developments, commercial offices, shopping centers, resorts, hotels, motels, churches
and other areas used for commercial or non-residential purposes Commercial Areas shall not
include any Common Areas owned by the Association or other common areas owned by an
Ancillary Association or owned in common by residential condominium owners At such time as
an Apartment Development is converted to a residential Condominium Development, the property
shall cease to be a Commercial Area and shall thereafter be a Residential Area The Commercial
Areas shall be deemed to include the Golf Course Land and the associated recreational areas and
facilities
&I
Q "Common Area and Common Areas" shall mean (1) all Association Land, (2) unless
otherwise indicated in this Declaration or in a recorded instrument executed by Declarant, all land
within Robson Ranch Denton Resort Community that Declarant makes available for use primarily
by Members of the Association, but not after Declarant ceases to make such land available for use
primarily by Members of the Association, (3) all land within Robson Ranch Denton Resort
Community that Declarant indicates on a recorded subdivision plat or Tract Declaration is to be
used for landscaping, drainage and/or flood control or other purposes for the benefit of Robson
Ranch Denton Resort Community and/or the general public and is to be transferred to the
Association or dedicated to the public or a municipality or other governmental unit or agency at a
future time, but only until such land is so dedicated, unless specifically specified otherwise in the
dedication or as specified pursuant to clause (6) below, (4) all land or nght-of-way easements within
Robson Ranch Denton Resort Community that are dedicated to the public or a municipality or other
governmental unit or agency, but that the governmental unit or agency requires the Association to
maintain or that the Association agrees to maintain, (5) areas on a Lot or Parcel within easements
granted to the Association or its Members for the location, construction, maintenance, repair and
replacement of a wall, which easement may be granted or created on a recorded subdivision plat or
Tract Declaration or by a deed or other conveyance accepted by the Association, and (6) any other
areas with respect to which the Association has assumed in writing administrative or maintenance
responsibilities, whether or not such areas are located on a Lot or Parcel
R "Condominium Development" shall mean a portion of Robson Ranch Denton Resort
Community which has been subjected to a declaration of condominium pursuant to Texas law
S "Condominium Unit" shall mean a unit (as that term is defined in [insert appropriate
statutory reference]), together with any appurtenant interest in all common elements, that is created
by a declaration of condornimum established and recorded under Texas law Such term shall not
include a Rental Apartment in an Apartment Development
T "Covenants" shall mean the covenants, conditions, restrictions, assessments charges,
servitudes, liens, reservations and easements set forth herein
U "Declarant' shall mean Robson Ranch Denton, LLC, a Delaware limited liability
company, whether acting in its own capacity or through a trustee, and its successors and assigns
Any assignment of all or any portion of Declarant's rights and powers shall be made by a recorded
instrument executed by the assignor
V "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions of
Robson Ranch Denton Resort Community, as from time to time supplemented and/or amended
W "Dwelling Unit' shall mean any building or portion of a building situated upon a Lot or
Parcel, which building or portion of a building is designed and intended for use and occupancy as a
residence by a Single Family
X "Exempt Property" shall mean the following parts of Robson Ranch Denton Resort
Community
(1) All land and improvements owned by or dedicated to and accepted by the United States,
the State of Texas, Denton County, or any other municipality, or any political subdivision thereof,
for as long as any such governmental entity or political subdivision is the owner thereof or for so
long as such dedication remains effective, provided, however, that any such land shall be Exempt
Property only while it is being used by the governmental entity owner for governmental or public
purposes
(2) All Association Land, for as long as the Association is the owner thereof (or of the
interest therein that makes such land Association Land)
(3) All Golf Course Land for as long as such land is used for the purpose permitted in Article
IV, Section 5
(4) Each portion of any and all Residential Areas designated in a recorded subdivision plat,
deed, Tract Declaration, or condominium or other declaration as an area to be used in common by
the Owners and Residents of such subdivision or condominium development
(5) All land used as a Well -Site and designated by a Tract Declaration for Well -Site Use
(6) Any Lot or Parcel or property within Robson Ranch Denton Resort Community owned
by Declarant or its affiliates, except for property owned by Declarant that is subject to a 'contract for
sale" (as defined in [insert appropriate statutory reference]) under which Declarant is the seller
(7) Any property in Robson Ranch Denton Resort Community that is limited by a Tract
Declaration to use for housing the aged and infirm and for related uses, if the Tract Declaration
expressly provides that the Residents thereof shall have no right to use the recreational features and
recreational amenities available to the other Owners of Lots, and any other property in Robson
Ranch Denton Resort Community covered by a Tract Declaration that provides that the Residents of
such property shall have no right to use the recreational features and recreational amenities available
to the other Owners of Lots
(8) All land in Robson Ranch Denton Resort Community with the following Land Use
Classifications Apartment Development Use, Commercial Office Use, General Public or
Quasi -Public Use, Resort Hotel or Motel Use, Church Use, General Commercial Use, Industrial
Park Use
All Exempt Property shall be exempt from Assessments and Membership in the Association
and its associated privileges and responsibilities, but shall nevertheless be subject to all other
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provisions of this Declaration, unless otherwise provided in this Declaration or in the Tract
Declaration of the applicable Lot or Parcel The Golf Course Land shall be exempt from
Assessments, Membership in the Association and architectural control and review The Board may
restrict or prohibit the use of the Common Areas (except any easements, rights -of -way, utility
improvements and landscaping, drainage and flood control areas) by the Owners of Exempt
Property, except for Declarant, its affiliates, subcontractors, employees, agents, guests and invitees
This subsection X may not be amended without the approval of any and all Owners of Exempt
Property affected by the amendment
Y "Golf Course" and "Golf Course Land" shall mean the golf course real property
established by Declarant by a recorded plat or Tract Declaration and all improvements thereon,
including any Clubhouse, pro shop, driving range and associated recreational, maintenance and
other facilities owned and operated in conjunction with the Golf Course
Z "Land Use Classification" shall mean the classification to be established by the Declarant
pursuant to Article IV, Section 1, which designates the type of improvements which may be
constructed on a Lot, Parcel or Association Land and the purposes for which such improvements
and surrounding land may be utilized
Aa "Lot" shall mean any (a) area of real property within Robson Ranch Denton Resort
Community designated as a Lot on any subdivision plat or replat recorded or approved by Declarant
and limited by a Tract Declaration to either Single Farmly Residential Use or Cluster Residential
Use, and (b) any Condorrumum Unit within Robson Ranch Denton Resort Community which is
limited to residential use by a Tract Declaration or declaration of condormmum
Bb "Maintenance Charges" shall mean any and all costs assessed pursuant to Article X,
Sections 2 and 3
Cc "Master Development Plan" shall mean Declarant's master plan for development for
Robson Ranch Denton Resort Community, as the same may from time to time be amended
Dd "Member" shall mean any person holding Membership in the Association pursuant to
this Declaration
Ee "Membership" shall mean a membership in the Association and the rights granted to the
Owners of Lots pursuant to Article VI to participate in the Association
Ff "Robson Ranch Denton Resort Community " shall mean the real property described on
Exhibit A of this Declaration and the development to be completed thereon, together with any real
property hereafter annexed and less any real property hereafter deannexed pursuant to the provisions
of Article XIV of this Declaration
Gg "Robson Ranch Denton Resort Community Rules" shall mean the rules for- Robson
Ranch Denton Resort Community adopted by the Board pursuant to Article V, Section 3, as such
rules are amended from time to time
Hh "Owner" (when so capitalized) shall mean the record holder of legal, beneficial or
equitable title to the fee simple interest of any Lot or Parcel, including without limitation the one
who is buying a Lot or Parcel under a recorded contract (as defined in [insert appropriate statutory
reference]), but excluding others who hold such title merely as security "Owner" shall not include a
lessee or tenant of a Lot or Parcel In the case of Lots or Parcels the fee simple title to which is
vested of record in a trustee pursuant to [insert appropriate statutory reference] et N , legal title
shall be deemed to be in the Trustor In the case of Lots or Parcels the fee simple title to which is
vested in a trustee pursuant to a trust agreement, the beneficiary of any such trust entitled to
possession shall be deemed to be the Owner An Owner shall include any person who holds record
title to a Lot or Parcel in Joint ownership with any other person or holds an undivided fee interest in
any Lot or Parcel
h "Parcel„ shall mean an area of real property within Robson Ranch Denton Resort
Community limited by a Tract Declaration to one of the following Land Use Classifications
Apartment Development Use, Residential Condominium Development Use (but only until the
declaration of condominium therefor is recorded), Commercial Office Use, General Public or
Quasi -Public Use, Resort Hotel or Motel Use, Church Use, General Commercial Use, Industrial
Park Use, and Utility or Well -Site Use The term Parcel shall also include an area of land as to
which a Tract Declaration has been recorded designating the area for Single Family Residential Use
or Cluster Residential Use but which has not yet been subdivided into Lots and related amenities
and rights -of -way, but any such area shall cease to be a Parcel upon the recordation of a subdivision
plat or other instrument covering the area and creating Lots and related amenities Notwithstanding
the foregoing provisions, a Parcel shall not include a Lot, any Golf Course Land or any Association
Land, but in the case of staged developments, shall include areas not yet included in a subdivision
plat, declaration of condominium or other recorded instrument creating Lots and related amenities
A Parcel with a Land Use Classification of Apartment Development shall cease to be a Parcel if the
Apartment Development is converted to residential Condominium Units
JJ "Party Walls" shall mean a wall constructed on or immediately adjacent to the common
boundary of Lots, Parcels, Common Areas or other areas in Robson Ranch Denton Resort
Community
Kk "Rental Apartments" shall mean Dwelling Units within a permanent improvement
consisting of two (2) or more commercially integrated Dwelling Units under a single ownership
upon one or more contiguous Parcels, each of which is designed and utilized, otherwise than as a
hotel or on some other transient basis, for rental or leased residential purposes to non -owners on a
non -cooperative basis
In
U "Resident" shall mean
(1) Each buyer under a recorded contract (as defined in [insert appropriate statutory
reference]) covering any part of the Assessable Property, provided the buyer is actually residing on
any part of the Assessable Property, and each Owner, tenant or lessee actually residing on any part
of the Assessable Property, and
(2) Members of the immediate faintly of each Owner, lessee, tenant and of each buyer
referred to in subparagraph (1) actually living to the same household with such Owner, lessee,
tenant or buyer on any part of the Assessable Property
Subject to such rules and regulations as the Association may hereafter specify (including the
imposition of special nonresident fees for the use of Association Land if -the AssociatiOH shall so
direct), the term "Resident" also shall include the onsite employees, guests or invitees of Declarant
or of any such Owner, lessee, buyer or tenant, if and to the extent the Board in its absolute discretion
by resolution so directs
Mm "Residential Areas" shall include Single Family Residential Developments, Cluster
Residential Developments, residential Condominium Developments, all common recreational areas
and facilities associated with any of the foregoing Residential Areas and other non-commercial,
non-industnal and non -utility areas
Nn "Single Family" shall mean an individual Irving alone, or a group of two or more
persons each related to the other by blood, marriage or legal adoption who maintain a common
household in a Dwelling Unit
Oo "Special Assessment" shall mean any assessment levied and assessed pursuant to Article
V[I, Section 5
Pp "Special Use Fees" shall mean special fees authorized by this Declaration which an
Owner, Resident or any other person is obligated to pay to the Association over, above and in
addition to any Annual and Special Assessments or Maintenance Charges imposed or payable
hereunder The amount of any Special Use Fee shall be determined in the Board's sole discretion,
provided all such fees must be fair and reasonable
Qq "Tract Declaration" shall mean a declaration recorded pursuant to Article IV, Section 1,
below, as such declaration may be modified or amended from time to time
Rr "Transition Date" shall be the first to occur of
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(i) the day on which title to the last Lot in Robson Ranch Denton Resort Community owned
by Declarant (or by a trustee under a trust of which Declarant is a beneficiary) is conveyed to a thud
party for value, other than as security for the performance of an obligation, or
(it) the expiration of any five (5) year period during which title to no residential lot in
Robson Ranch Denton Resort Community is conveyed by Declarant (or by a trustee under a trust of
which Declarant is beneficiary) to a third party for value, other than as security for the performance
of an obligation, or
(ni) the date thirty-five (35) years after the date this Declaration is recorded in the Official
Records of Denton County, Texas, or
(iv) such earlier date as Declarant declares to be the Transition Date in-aproperly recorded
instrument
Ss "Visible From Neighboring Property" shall mean, with respect to any given object, that
such object is or would be visible to a person six feet tall standing on neighboring property, on the
level of the base of the structure or building being viewed
ARTICLE II
PROPERTY SUBJECT TO DECLARATION
Section i General Declaration Creating Robson Ranch Denton Resort Community Declarant
hereby declares that all of Robson Ranch Denton Resort Community (except any property which is
hereafter excluded or abandoned pursuant to the provisions of this Declaration) is and shall be held,
conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or
transferred, in whole or in part, subject to this Declaration in addition, real property within Robson
Ranch Denton Resort Community may be subject to recorded Tract Declarations Declarant
intends to develop Robson Ranch Denton Resort Community by subdivision into various Lots,
Parcels and other areas and to sell and convey such Lots and/or Parcels As portions of Robson
Ranch Denton Resort Community are developed, Declarant shall record one or more Tract
Declarations covering such property The Tract Declarations will specify the Land Use
ClassifiGation(s) and permitted uses of property described therein (in accordance with Article IV
hereof) and will incorporate this Declaration and establish such additional covenants, conditions and
restrictions as may be appropriate for that property This Declaration and all subsequent Tract
Declarations are declared and agreed to be in furtherance of a general plan for the subdivision
development, improvement and sale of Robson Ranch Denton Resort Community and are
established for the purpose of enhancing and perfecting the value, desirability and attractiveness of
Robson Ranch Denton Resort Community and every part thereof All of this Declaration and
applicable Tract Declarations shall run with Robson Ranch Denton Resort Community for all
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purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all
Owners and Residents and their successors in interest Nothing in this Declaration shall be
construed to prevent Declarant from modifying the Master Development Plan or any portions
thereof regarding any property owned by Declarant or regarding any other property, whether or not a
Tract Declaration therefor has not been recorded, provided Declarant obtains the consent of the
Owner of the Property that is the subject of the modification This Declaration shall not be
construed to prevent Declarant from dedicating or conveying portions of Robson Ranch Denton
Resort Community , including streets or roadways, for uses other than as a Lot, Parcel, Golf Course
Land, Common Area or Association Land, subject to the provisions of Article IV, Section 1
Section 2 Association Bound Upon acceptance by the Texas of Articles of
Incorporation of the Association, this Declaration shall be binding upon and shall benefit the
Association
ARTICLE III
EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON AREAS
Section 1 Easements of Enjoyment Every Owner shall have a nonexclusive easement for the
use and enjoyment in and to the Common Areas, which nonexclusive easement shall be appurtenant
to and shall pass with the title to every Lot and Parcel All Residents, other than Owners, shall have
a nonexclusive, nontransferable temporary easement to use and enjoy the Common Areas so long as
they remain Residents The foregoing grant and rights are subject, among other things, to the
following limitations
(a) The right of the Association to charge reasonable adnussion and other Special Use Fees for
the use of any recreational or other facility situated upon the Common Areas
(b) The right of the Association to suspend the voting rights of any Member and right to use
Common Area recreational facilities by any Member and any Resident claiming through such
Member (i) for any period during which any Assessment against his Lot remains delinquent, (it) for
a period not to exceed 60 days for any infraction of this Declaration, a Tract Declaration, the
Robson Ranch Denton Resort Community Rules or applicable Architectural Guidelines, and (m) for
successive 60 day periods if any such infraction is not corrected during any preceding 60 day
suspension period
(c) The right of the Association to dedicate or transfer all or any part of the Common Areas to
any public agency, authority or utility for such purposes and subject to such conditions as may be
agreed to by the Association Unless otherwise required by zoning stipulations or agreements with a
governmental agency or entity effective prior to the date hereof or unless specified hereafter on a
recorded subdivision plat executed by Declarant, no such dedication or transfer shall be effective
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unless approved in writing by Declarant and, if such transfer is after the Transition Date, then by the
Owners of at least two-thirds (2/3) of the Memberships, except that the Board shall have authority
without Membership approval to transfer to such public agencies, authorities or utilities, easements
and rights -of -way that are intended to benefit Robson Ranch Denton Resort Community and which,
in the Board's sole judgment, do not have any substantial adverse effect on the enjoyment of the
Common Areas by the Members
(d) The tight of the Association to regulate the use of the Common Areas through the
Robson Ranch Denton Resort Community Rules and to prohibit access to those Common Areas,
such as landscaped areas, not intended for use by Owners or Residents
(e) The tight of the Association to regulate, restrict or prohibit the use of the Common Areas,
other than easements, nghts-of-way, utility improvements and landscaping, drainage and flood
control areas, by non -Members, except for Rental Apartment Residents designated by the Owners of
such Rental Apartments as provided in Section 5 below
(i) The tight of the Association to change the use of Common Areas and to change the size,
shape or location of the Common Areas as provided in Article XH, Sections 4 and 5
Section 2, Delegation of Use Any Owner may, in accordance with and subject to this
Declaration and the Robson Ranch Denton Resort Community Rules and the limitations therein
contained, delegate his right of enjoyment in the Common Areas and facilities to the members of
his family, his tenants or lessees, his guests or invitees or to his tenant's family, guests or invitees
Section 3 Rights of Ingress and Egress Every Owner shall have an unrestricted right of ingress
and egress to his Lot(s) and/or Parcel(s) which right shall be perpetual and shall be appurtenant to
and shall pass with title to such Lot(s) or Parcel(s) over the following areas
(a) for pedestrian traffic over, through and across sidewalks, paths, walks and lanes that from
time to time may exist upon the Common Areas and which are designated as for ingress and egress
to such Owner's Lot or Parcel, and
(b) for pedestrian and vehicular traffic over, through and across the Common Area streets and
roadways, if any, which are designated and paved for such purpose
Any Owner may, in accordance with and subject to this Declaration and the Robson Ranch Denton
Resort Community Rules and the limitations contained therein, delegate his right of ingress and
egress to the members of his family, his guests, and his tenants (including his tenant's family and
guests)
Section 4 Easements and Encroachments Each Lot and Parcel, the Common Areas, and all
other areas in Robson Ranch Denton Resort Community shall be subject to an easement of not more
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than five feet for encroachments of walls, ledges, roofs, air conditioners and other structures created
by construction, settling and overhangs as originally or subsequently designed and constructed by
Declarant or its affiliates and contractors If any such improvement on the Common Areas
encroaches upon any Lot, Parcel or other area, or if any such improvement on any Lot, Parcel or
other area encroaches upon any portion of the Common Areas, or if any such improvement on any
Lot, Parcel or other area encroaches upon another Lot, Parcel or other area, a valid easement for said
encroachments and for the maintenance thereof shall exist In the event any structure on any Lot,
Parcel, Common Area or other area is repaired, altered or reconstructed in accordance with the
original plans and specifications or subsequent plans and specifications of Declarant or its affiliates,
similar encroachments shall be permitted and a valid easement for said encroachments and for the
maintenance thereof shall exist
Section 5 Use of Facilities by Rental Apartment Residents Notwithstanding anything to
the contrary contained in this Article III, unless otherwise provided in an applicable Tract
Declaration for an Apartment Development, Owners of Rental Apartments shall have the right to
authorize the Residents of their Rental Apartments to use those Common Areas and facilities that
are otherwise limited to use by Members of the Association or for which preference is given to
Members of the Association, upon the same terms and conditions as Members of the Association,
provided that the Association is paid, with respect to each Rental Apartment that contains Residents
who are so authorized, an amount equal to one-half of the Annual Assessments that would be
required in such year for the Rental Apartment if the Rental Apartment were a Lot Such amounts
shall be payable only with respect to those Rental Apartments that contain Residents who are
authorized to use such Common Areas and facilities by the Owners of the Rental Apartments, which
authorization may be made or withdrawn at any time or times, provided, however, that Declarant
shall have the tight to authorize Residents of Rental Apartments owned by Declarant to use the
Common Areas and facilities, and neither Declarant nor such Residents shall be obligated to pay
such amounts if such Rental Apartments are used by Declarant for marketing purposes, including
without limitation used by potential purchasers of property at Robson Ranch Denton Resort
Community The amounts payable to the Association pursuant to this Section with respect to any
Rental Apartment shall be prorated for the period during which such authorization by the Owner of
the Rental Apartment exists
ARTICLE IV
LAND USE CLASSIFICATIONS AND USE RESTRICTIONS
Section 1 Land Use Classifications As portions of Robson Ranch Denton Resort Community
are readied for development, the Land Use Classifications, including any number of
subclassifications thereof for any special uses, shall be fixed by Declarant in a Tract Declaration
which shall be recorded for that portion of Robson Ranch Denton Resort Community Any such
Tract Declaration may include additional covenants and restrictions and shall be construed as a
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supplement to this Declaration and fully a part hereof -for all purposes to the same extent as if all of
the provisions thereof were set forth in this Declaration The Land Use Classifications for Lots,
Parcels and Association Land established by a Tract Declaration shall not be changed except as
specifically permitted by this Declaration The contemplated Land Use Classifications that may be
established by Declarant include, without limitation, the following
(a) Single Family Residential Use
(b) Apartment Development Use, which may be converted to Residential Condominium
Development Use upon approval by Declarant
(c) Residential Condominium Development Use, which may be converted to Apartment
Development Use upon approval by Declarant -
parks
(d) Commercial Office Use, including but not linuted to office condorrumums and business
(e) Industrial Park Use
(f) General Commercial Use, including but not limited to business parks, restaurants,
recreational facilities not owned by the Association or any residential Ancillary Association,
shopping centers, storage, recreational vehicle storage and other commercial uses
(g) Association Use, which may include common recreational and other areas owned and
maintained by the Association
(h) Golf Course Use, including any clubhouse and any other recreational and maintenance
uses operated in connection therewith
(i) Utility or Well -Site Use, including maintenance and storage related thereto A parcel
with a Land Use Classification of Utility Use may be used as a cable headend facility, which facility
may include satellite receiving dishes and towers
0) General Public or Quasi -Public Uses approved by Declarant, including but not limited to
libraries and parks which are not Association Land and fire stations
(k) Cluster Residential Use, which shall consist of Lots with Dwelling Units intended for
Single Family occupancy and may include those types of residential housing arrangements known
as townhouses, clustered housing, duplexes, zero -lot line housing and sirrular arrangements, together
with any related amenities
(1) Resort, Hotel or Motel Use, including time share apartments and condominiums
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(m) Church Use
Notwithstanding anything to the contrary contained in this Declaration, except as otherwise
expressly provided in an applicable Tract Declarations for Parcels within Commercial Areas,
Commercial Areas shall be exempt from any and all architectural restrictions contained in this
Declaration, including, but not limited to the provisions of Section 2(a) of this Article IV, Section 3
of Article V, and Article XI, and from any and all assessments and charges by the Association
Unless otherwise specifically provided in this Declaration, the definitions and characteristics of all
Land Use Classifications, and specific permitted and prohibited uses in such Classifications or any
subclassifications or combined classifications, shall be determined in the Tract Declaration and shall
be within the complete discretion of Declarant Each Tract Declaration and each subdivision plat
may be modified, amended or revoked at any time by Detlarant.as-to all or any portion of the real
property that is subject to such Tract Declaration or plat, without the consent of any Owners other
than the Owner(s) of the portion of the real property that is the subject of such modification,
amendment or revocation If the Association is the Owner of real property that is subject to any
such modification, amendment or revocation, Declarant shall not be required to obtain the
Association's consent to any such action prior to the Transition Date In addition, each Tract
Declaration and plat may be modified, amended or revoked at any time by Declarant and by the
Owners of a majority of the Lots that are subject to the Tract Declaration or plat Notwithstanding
the foregoing, no modification, amendment or revocation shall be effective if it would leave any Lot
not owned by Declarant without legal access No Tract Declaration or plat may be modified,
amended or revoked without Declarant's consent to and signature on the modification, amendment
or resolution All Tract Declarations shall be subject to applicable zoning laws
Section 2 Covenants Applicable to Lots Parcels and Other Areas Within All Land Use
Classifications Except as otherwise expressly provided in this Section 2 or elsewhere in this
Declaration, the following Covenants and rights shall apply to all Lots, Parcels and other areas in
Robson Ranch Denton Resort Community, and the Owners, Residents and tenants thereof, whether
or not a Tract Declaration has been recorded on such property and regardless of the Land Use
Classification of such property
(a) Architectural Control Except as otherwise expressly provided in this Declaration, the
Architectural Guidelines or any applicable Tract Declaration that has been signed by Declarant, (i)
no improvements (whether temporary or permanent), alterations, repairs, excavation, grading,
lighting, landscaping or other work that in any way alters the exterior appearance of any property
within Residential Areas of Robson Ranch Denton Resort Community or improvements thereon
from its natural or improved state existing on the date this Declaration is recorded shall be made or
done, and (it) no building, fence, exterior wall, residence or other structure shall be commenced,
erected, maintained, improved, altered or made within Residential Areas of Robson Ranch Denton
Resort Community , without the prior written approval of the Architectural Committee All
subsequent additions to or changes or alterations in any such building, fence, wall or other structures
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that affect the exterior appearance thereof, including exterior color scheme, and all changes in the
grade, outside lighting or landscaping of any Residential Area in Robson Ranch Denton Resort
Community , shall be subject to the prior written approval of the Architectural Comnuttee No
changes or deviations in or from the plans and specifications once approved by the Architectural
Committee shall be made without the prior written approval of the Architectural Committee Once
construction of an improvement has been commenced on the property, the Owner shall diligently
pursue completion of such improvement in accordance with approved plans Declarant, Owners of
Commercial Areas and tenants of Commercial Areas shall be exempt from the requirements of this
subsection (a) and therefore all improvements, alterations, repairs, excavation, grading, lighting,
landscaping or other work performed, constructed or installed by Declarant and Owners and Tenants
of Commercial Areas shall be deemed approved by the Architectural Committee
(b) Animals Except as otherwise expressly permitted in an applicable Tract Declaration, no
animals or birds, other than a reasonable number of generally recognized house or yard pets, shall be
maintained on any Lot, Parcel or other area in Robson Ranch Denton Resort Community and then
only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes
All pets must be kept in a fenced yard or on a leash at all times No animal or bird shall be allowed
to make an unreasonable amount of noise or to become a nuisance or an annoyance to other
Owners It shall be the responsibility of each Owner to remove immediately any droppings from
pets No structure for the care, housing or confinement of any animal or bird shall be maintained so
as to be Visible From Neighboring Property, unless otherwise approved by the Architectural
Committee Upon written request of any Member or Resident, the Architectural Committee shall
conclusively determine, in its sole and absolute discretion, whether, for the purposes of this
subsection, a particular animal or bird is a generally recognized house or yard pet, whether such a
pet is a problem or nuisance or whether the number of animals or birds on any such property is
reasonable Any decision rendered by the Architectural Committee shall be enforceable in the same
manner as other restrictions contained herein Exempt from the foregoing restrictions are pet shops,
veterinarian offices, animal hospitals or laboratories in a General Commercial Land Use
Classification
(c) TTemporary Occupancy and Temper Buildings No trailer, incomplete building, tent,
shack, garage or bam, and no temporary buildings or structures of any kind, shall be used at any
time for a residence, either temporary or permanent Temporary buildings or structures used by
Declarant, its affiliates, subcontractors and employees, and by Owners and Tenants of Commercial
Areas may be used on any property for construction, repair or sales purposes
(d) Maintenance of Landscaping and Driveways Unless otherwise provided in a recorded
instrument approved by Declarant, each Owner shall be responsible for the proper maintenance of
all landscaping in the following locations (i) his Lot or Parcel (including set back areas and
Common Areas located thereon), (it) public right-of-way areas between sidewalks (or bike paths)
and the street curb on the front or side of his Lot or Parcel, (in) public areas between a sidewalk and
the Lot or Parcel boundary, and (iv) other public or easement areas adjacent to such Owner's Lot or
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Parcel However, in the event the maintenance of the above areas is the responsibility of the
Association, an Ancillary Association, a utility, or a governmental or similar authority, then the
Owners shall be responsible for such maintenance only for so long as such other entities are not
performing such maintenance As used herein, maintenance shall include but not be hrmted to
keeping the areas neatly trimmed, cultivated and free of trash, weeds and unsightly material The
character of the landscaping must be such as to complement landscaping established in the
Common Areas or, in Residential Areas, as required by the Architectural Committee Each Lot
Owner hereby agrees that the landscaping in the areas described above shall be completed at such
Owner's expense within ninety (90) days after closing of the initial purchase of the Dwelling Unit on
the Owner's Lot, shall be of quality compatible with the development and shall otherwise be in
compliance with this subsection (d) The requirements of the preceding sentence shall not apply to
Declarant or its affiliates Each Owner shall also maintain in good condition and repair all paved
and concrete areas, including driveways, roadways, sidewalks and parking areas, located on his Lot
or Parcel and shall sweep and keep in a neat and clean condition all sidewalks located between such
Owner's Lot and any front and side streets
(e) Nuisances, Construction Activities No weeds, dead trees or plants, rubbish or debris of
any kind shall be placed or permitted to accumulate upon or adjacent to any Lot, Parcel or other area
in Robson Ranch Denton Resort Community , and no odors or loud noises shall be permitted to
anse or ermt therefrom, so as to render any such property or activity thereon unsanitary, unsightly,
offensive or detrimental to any other property in the vicinity thereof or to the occupants of such
other property No other nuisance shall be permitted to exist or operate upon any Lot, Parcel or
other area in Robson Ranch Denton Resort Community The Architectural Committee shall have
the exclusive right to determine the existence of any nuisance within Residential Areas Without
limiting the generality of any of the foregoing provisions and except as otherwise pemutted herein,
no exterior speakers, homs, whistles, firecrackers, bells or other sound devices, except security
devices used exclusively for security purposes, shall be located, used or placed on any such
property Normal construction activities and parking in connection with the budding of
improvements in Robson Ranch Denton Resort Community shall not be considered a nuisance or
otherwise prohibited by this Declaration, but Lots and Parcels shall be kept in a neat and tidy
condition during construction periods, trash and debris shall be removed periodically and, in
Residential Areas, supplies of brick, block, lumber and other building materials will be piled only in
such areas as may be approved by the Architectural Committee An Owner shall be responsible for
all on -site and construction trash and debris occasioned by his contractors and subcontractors and
shall remove all such trash and debris within a reasonable period of time In addition, any
construction equipment and building materials stored or kept on any Lot or Parcel may be kept only
in areas approved by the Architectural Committee it is acknowledged that normal construction
activities may be noisy and may require the use of exterior speakers and that exterior speakers may
be needed on the Golf Course Land, and such use of exterior speakers is expressly perautted
(f) Diseases and Insects. No Owner shall permit any thing or condition to exist upon any
Lot, Parcel or other area which shall include, breed or harbor diseases or insects
M
(g) Reoair of Building_ No building or structure on any area in Robson Ranch Denton
Resort Community shall be permitted to fall into disrepair and each such building and structure
shall at all times be kept in good condition and repair and adequately painted or otherwise finished
in the event any building or structure is damaged or destroyed, then, subject to the approvals
required by Subsection (a) above, such building or structure shall be promptly repaired, rebuilt or
demolished In the event a Lot Owner fails to comply with this provision, the Board may give
notice to the offending Lot Owner, and may then proceed to repair the building or improvement and
charge the Lot Owner therefor as permitted in Section 3 of Article X
(h) Antennas No antenna, satellite receiving station or other device for the transmission or
reception of television or radio signals or any other form of electromagnetic radiation shall be
erected, used or maintained outdoors on any area in Robson Ranch Denton Resort Community
(whether attached to a budding or structure or otherwise) so as to be Visible From Neighboring
Property, unless approved by Declarant or the Architectural Committee Declarant or the
Architectural Comrruttee may permit one or more aerial satellite dishes, and or other apparatus and
equipment for an antenna or cable system for the benefit of all or portions of Robson Ranch Denton
Resort Community
(i) Mineral Exploration No area in Robson Ranch Denton Resort Community (other than
one or more Parcels designated as Well -Sites) shall be used in any manner to explore for or remove
any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substances of
any kind, without the prior written consent of Declarant, which consent may be withheld in
Declarant's sole discretion
0) Trash Containers and Collection No garbage or trash shall be placed or kept on any Lot,
residential Parcel, or other Residential Area in Robson Ranch Denton Resort Community except in
covered containers of a type, size and style which are approved by the Architectural Committee,
and except for garbage or trash produced by Declarant, its affiliates or subcontractors in connection
with construction of the subdivision or of any improvements in Robson Ranch Denton Resort
Community Unless otherwise approved by the Architectural Committee, such containers shall be
maintained and stored so as to not be Visible From Neighboring Property except to make the same
available for collection All rubbish, trash and garbage shall be removed from the Lots, Parcels and
other areas in Robson Ranch Denton Resort Community and shall not be allowed to accumulate
thereon No outdoor incinerators shall be kept or maintained in Robson Ranch Denton Resort
Community
(k) Clothes Dr ang Facilities No outside clotheslines or other outside facilities for drying or
ainng clothes shall be placed or maintained in Robson Ranch Denton Resort Community unless
they are not Visible From Neighboring Property
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(1) Machinery and Equipment No machinery or equipment of any land shall be placed,
operated or maintained in Robson Ranch Denton Resort Community except (i) such machinery or
equipment as is usual and customary in connection with the use, maintenance or construction
(during the period of construction) of an approved building, appurtenant structures, or other
improvements, (it) that which Declarant or the Association may require for the operation and
maintenance of Robson Ranch Denton Resort Community , or (in) that used or displayed in
connection with any business or operation perimtted under a Tract Declaration
(m) Signs No signs which are Visible From Neighboring Property shall be erected or
maintained in Residential Areas of Robson Ranch Denton Resort Community except
(i) Signs required by legal proceedings
(it) Identification signs for individual detached residences, provided the number and
specifications of such signs satisfy criteria established by the Architectural Committee from time to
time
(m) Such other signs, including but not limited to signs erected by Declarant or its affiliates
and construction job identification signs, directional signs and subdivision identification signs, that
have been approved in writing by the Architectural Committee or by Declarant
(tv) "For sale" or "for rent" signs for individual Dwelling Units, provided the number and
specifications of such signs satisfy cntena established by the Architectural Coninuttee from time to
time The Board, the Association, the Architectural Committee, or their agent may enter the Lot for
the purpose of removing any for sale or for rent signs that do not comply with Architectural
Committee standards or do not otherwise comply with this subsection (m)(iv)
(n) Restriction on Further Subdivision Property Restrictions and Rezoning No Lot or
Parcel shall be further subdivided or separated into smaller lots or parcels by any Owner or other
person, and no portion less than all of any such Lot or Parcel, nor any easement or other interest
therein, shall be conveyed or transferred by any Owner, without the prior written approval of
Declarant This provision shall not apply to transfers of an individual ownership interest in the
whole of any Lot or Parcel or to mortgages, deeds of trust or other liens on the whole of any Lot or
Parcel Notwithstanding anything to the contrary contained in this Declaration, Declarant reserves
and shall retain the tight to subdivide, separate, resubdivide or combine into Lots or Parcels any
property at any time owned or controlled by Declarant Unless otherwise approved by Declarant, no
buildings or other permanent structures shall be constructed on any areas in Robson Ranch Denton
Resort Community until a Tract Declaration has been recorded on such property No subdivision
plat, Tract Declaration or further covenants, conditions, restrictions or easements shall be recorded
by any Owner or other person against any property in Robson Ranch Denton Resort Community
unless the provisions thereof have first been approved in writing by Declarant Any plat, Tract
Declaration or other covenants, conditions and restrictions or easements recorded without such
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approval being evidenced thereon shall be null and void Once a Parcel has been subdivided into
Lots by a recorded plat, that Parcel may not be resubdrvided into a greater or lesser number of Lots
without the approval of Declarant No application for rezoning of any Lot or Parcel, and no
application for variances or use permits, shall be filed with any governmental authority unless the
proposed use of the property has been approved by Declarant and the proposed use otherwise
complies with this Declaration and any applicable Tract Declaration
(o) Utility Easements There is hereby created a blanket easement upon, across, over and
under Robson Ranch Denton Resort Community for ingress to, and egress from, and the
installation, replacing, repairing and maintaining of, all utility and service lines and systems,
including, but not limited to water, sewers, gas, telephones, electricity, television cable or
communication lines and other systems as such utilities are installed in connection with the initial
and ongoing development of Robson Ranch Denton Resort Community Pursuant to this easement,
a providing utility or service company may install and maintain facilities and equipment on the
property and affix and maintain wires, circuits and conduits on, in and under the roofs and exterior
walls of buildings on the property Notwithstanding anything to the contrary contained in this
subsection, no sewers, electrical lines, waterlines, or other utilities or service lines, facilities or
equipment may be installed or relocated on any area in Robson Ranch Denton Resort Community
pursuant to this easement without the consent of Declarant, except as initially planned and
approved by Declarant or, if installed on a Lot or Parcel after recordation of the Tract Declaration, as
pernutted by an otherwise valid easement or as approved by the Owner of the Lot or Parcel
(p) Party Walls. Except as hereinafter provided, the rights and duties of Owners of
contiguous properties which have Party Walls shall be as follows
(t) Each Owner shall have the right to use the Party Wall, provided that such use does not
interfere with the other Owner's use and enjoyment thereof
(it) If a Party Wall is damaged or destroyed through the act or failure to act of an Owner or
any of his tenants, agents, guests or members of his fatnily (whether or not such act is negligent or
otherwise culpable), it shall be the obligation of such Owner to promptly rebuild and repair the Party
Wall without cost to the Owner of the adjoining property
(in) In the event any Party Wall is destroyed or damaged (including deterioration from
ordinary wear and tear and lapse of time), other than by the act or failure to act of an adjoining
Owner, his tenants, agents, guests or family, it shall be the obligation of all Owners whose properties
adjoin such Party Wall to rebuild and repair such Wall at their joint expense, such expense to be
allocated among the Owners in accordance with the frontage of their respective properties on the
damaged or destroyed Party Wall
(iv) In the event of a dispute between Owners with respect to the construction, repair or
rebuilding of a Party Wall, or with respect to the sharing of the cost thereof, such adjoining Owners
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shall submit the dispute to the Board, the decision of which shall be binding Notwithstanding any
such decision, an Owner may seek indemnity from any party causing the damage
(v) Notwithstanding the foregoing and unless otherwise indicated in an applicable Tract
Declaration or other recorded document, in the case of Party Walls (1) between Common Areas and
Lots and Parcels, or (2) constructed by Declarant or the Association on Common Areas within a Lot
or Parcel, the Association shall be responsible for all maintenance thereof, subject to the provisions
of Article X, Sections 2 and 3, except that each Owner of a Lot or Parcel shall remain responsible
for painting and maintaining the surface of the portion of the Party Wall facing his Lot or Parcel
and/or the portion of the Party Wall which is not a portion of the Common Area, and except that an
adjoining Owner shall reimburse the Association for one-half of the costs incurred by the
Association for any structural repair of the Party Wall located on that Owner's property
(vt) The provisions of this Subsection (p) shall not apply to any Party Wall that separates
the interiors of two Dwelling Units or to any Party Wall that also constitutes an exterior wall of a
Dwelling Unit The rights of the Owners of such Dwelling Units with respect to such Party Walls
shall be governed by the applicable Tract Declaration or by any additional covenants recorded on
those Dwelling Units
(q) Perimeter Walls All fences adjoining the Golf Course, Common Areas, parks or washes
shall be maintained by the Association in accordance with specifications established by the
Architectural Committee for the purpose of preserving and protecting the views from adjoining
properties Subject to the provisions of Article X, Sections 2 and 3, the perimeter walls constructed
by Declarant, if any, shall be maintained by the Association, except that each Owner shall remain
responsible for painting and maintaining the surface of the portion of the perimeter wall facing his
Lot or Parcel and except that the Owner shall reimburse the Association for one-half of the costs of
any structural repair of that portion of the perimeter wall located on that Owner's property or on or
near that Owner's property boundary The Board shall have sole discretion with respect to the
maintenance of the exterior surface facing the arterial nghts-of-way and the structural repair of the
perimeter walls The Association shall be responsible for the maintenance of
(i) all landscaping immediately outside the perimeter walls and fences and adjoining the
arterial right-of-way, and
(u) all areas immediately outside a perimeter wall and adjoining a Common Area wash,
except any maintenance assumed by any governmental entity, by an Ancillary Association, or by the
Owner of the adjoining Lot or Parcel
(r) Utility Service No Imes, wires or other devices for the communication or transrrussion
of electric current or power, including telephone, television and radio signals, shall be erected,
placed or maintained anywhere in Robson Ranch Denton Resort Community unless the same shall
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be contained in conduits or cables installed and maintained underground or concealed in, under or
on buildings or other structures, except for
(1) boxes on the ground for electrical or communication connections, junctions,
transformers and other apparatus customarily used in connection with such underground lines, wires
and other devices,
(it) such above ground electrical apparatus as may be convenient or reasonably necessary on
any well sites or Parcels designated for Utility Use, and
(m) those expressly approved by Declarant
Notwithstanding the foregoing, no above ground electncal-apparatus shall be installed without the
approval of Declarant All lines for the transmission of water and sewage shall also be installed and
maintained underground or concealed in, on or under structures approved by Declarant or otherwise
installed in a manner approved by Declarant The installation and location of all utility lines and
equipment must be approved in advance by Declarant Temporary above ground power or
telephone structures and water lines incident to construction activities shall be permitted with the
prior consent of Declarant
(s) Overhead Encroachments No tree, shrub or planting of any kind on any Lot, Parcel or
other area shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, bike
path, trail, pedestrian way, the Golf Course or other area from the ground level to a height of eight
(8) feet without the prior consent of Declarant or the Architectural Committee
(t) Trucks, Trailers, Campers and Boats No motor vehicle classed by manufacturer rating
as exceeding 3/4 ton, mobile home, motor home, trailer, camper shell, detached camper, boat, boat
trailer or other similar equipment or vehicle may be parked or stored on any area in Robson Ranch
Denton Resort Community so as to be Visible From Neighboring Property, Common Area or street,
provided, however, this provision shall not apply to (i) pickup trucks of less than 3/4-ton capacity
with camper shells not exceeding seven (7) feet in height measured from ground level and
num-motor homes not exceeding seven (7) feet in height and eighteen (18) feet in length that are
parked as provided in subsection (v) below and are used on a regular and recurring basis for basic
transportation, (it) trucks, trailers and campers parked in a recreational vehicle storage area, if any,
within a Residential Area or other areas, if any, designated for such parking in non-residential Land
Use Classifications, provided, however, that all such parking areas have been approved by Declarant
or the Architectural Committee, or (in) trucks, trailers, temporary construction shelters or facilities
maintained during, and used in connection with, construction of any improvement approved by
Declarant or the Architectural Committee
(u) Motor Vehicles No motor vehicle of any kind shall be constructed, reconstructed or
repaired upon any Lot, Parcel or street or other area in Robson Ranch Denton Resort Community ,
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and no inoperable vehicle may be stored or parked so as to be Visible From Neighboring Property or
to be visible from Common Areas or streets, provided, however, that this provision shall not apply
to (i) emergency vehicle repairs, (it) any automobile repair business which may be permitted in any
Industrial Park or General Commercial Land Use Classification, (in) the parking of motor vehicles
in garages or other parking areas in Robson Ranch Denton Resort Community designated or
approved by Declarant or the Architectural Comrmttee so long as such vehicles are in good
operating condition and appearance and are not under repair, and (iv) the storage of motor vehicles
in an area designated for such purposes on a Tract Declaration or on a site plan approved by
Declarant
(v) Parking, Vehicles of all Owners and Residents, and of their employees, guests and
invitees, are to be kept in garages, carports and other parking areas designated or approved by
Declarant or the Board, provided, however, this section shall not be construed to permit the parking
or stonng in the above described areas of any vehicle whose parking or storage is otherwise
prohibited herein The Robson Ranch Denton Resort Community Rules may permit temporary
parking on streets or other areas in Robson Ranch Denton Resort Community for public or private
social events or other permitted activities
(w) Roofs No solar panel, air conditioning unit, evaporative cooler or other apparatus,
structure or object shall be placed on the roof of a Dwelling Unit without the prior written consent of
Declarant or the Architectural Committee
Any solar panel so approved for placement on a roof must be flush mounted if Visible From
Neighboring Property
(x) Window Treatments Within ninety (90) days of occupancy each Owner of a Dwelling
Unit shall install permanent draperies or suitable window treatments on all windows Visible From
Neighboring Property in no event shall windows be covered with paper, aluminum foil, bed sheets
or any other materials or temporary coverings not specifically intended for such purpose No
interior or exterior reflective material shall be used as a window covering unless such material has
been approved by the Architectural Committee
(y) Drainage No Owner or Resident shall interfere with or obstruct the drainage pattern
over his l-ot or Parcel from or to any L.ot or Parcel as that pattern may be established or altered by
Declarant
(z) Garage Openings No garage door shall be open except when necessary for access to and
from the garage No carport, parking area or garage shall be used to store junk or other unsightly
material
(aa) Right of Entry During reasonable hours and upon reasonable notice to the Owner or
other occupant of a Lot or Parcel, any member of the Architectural Committee, any member of the
Board or any authorized representative of either of them, shall have the right to enter upon and
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inspect any Lot and the improvements constructed or being constructed thereon (except for the
interior portions of any completed and occupied Dwelling Unit and Dwelling Units under
construction by Declarant or its affiliates) to determine compliance with this Declaration, the
Architectural Guidelines, or any approved stipulations issued by the Architectural Committee or to
perform repairs and maintenance as provided in Article X, Section 3, and such persons shall not be
deemed guilty of trespass by reason of such entry In addition, the Association shall have an
easement and right of entry upon the Lot at any time or times without notice in order to perform
emergency repairs
(bb) Declarant's Exemption Nothing contained in this Declaration shall be construed to
prevent the erection, maintenance or operation by Declarant or its affiliates or subcontractors, of
structures, improvements, signs, model homes, sales office and facilities, administrative officers, or
other offices or facilities necessary or convenient to the development or sale of property within
Robson Ranch Denton Resort Community
(cc) Health, Safety Welfare and Secunty In the event additional uses, activities and
facilities are deemed by the Board to be a nuisance or to adversely affect the health, safety or welfare
of Owners or Residents, the Board may make rules restricting or regulating their presence in Robson
Ranch Denton Resort Community , provided, however, that the Board shall have such power only
with respect to Residential Areas of Robson Ranch Denton Resort Community
The Association will strive to maintain the residential areas of Robson Ranch Denton Resort
Community as a safe, secure residential environment HOWEVER, NEITHER THE
ASSOCIATION NOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR
DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR
INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN ALL OWNERS,
TENANTS, GUESTS AND INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE
THAT DECLARANT AND THE ASSOCIATION AND COMMITTEES ESTABLISHED BY
ANY OF THE FOREGOING ENTITIES ARE NOT INSURERS AND THAT EACH OWNER
TENANT, GUEST AND INVITEE ASSUMES ALL RISK OF LOSS OR DAMAGE TO
PERSONS, TO PROPERTY, TO LOTS, TO RESIDENCES AND TO THE CONTENTS OF
LOTS AND RESIDENCES AND FURTHER ACKNOWLEDGES THAT DECLARANT HAS
MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS ANY OWNER, TENANT,
GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY SECURITY MEASURES
RECOMMENDED OR TAKEN
(dd) Model Homes The provisions of this Declaration and of Tract Declarations which
prohibit nonresidential use of Lots and Parcels and regulate parking of vehicles shall not prohibit the
construction and maintenance of model homes, sales offices, adirunistrative offices, and parking
areas incidental thereto by Declarant and its designees engaged in the construction or marketing of
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Dwelling Units in Robson Ranch Denton Resort Community Any homes constructed as model
homes shall cease to be used as model homes at any time Declarant is not actively engaged in the
construction and sale of Dwelling Units in Robson Ranch Denton Resort Community and no home
shall be used as a model home for the sale of homes not located in Robson Ranch Denton Resort
Community
(ee) Incidental Uses Declarant may approve, regulate or restrict incidental uses of property
within a Land Use Classification By way of example and not of limitation, Declarant may penttit
private roadways, tennis and/or swimming club s intended primarily for the benefit of all or certain
Owners and Residents, and tennis courts, swimming pools and other recreational amenities
(ff) Leases Any agreement for the lease of all or any portion of a Lot must be in writing and
must be expressly subject to this Declaration, the -Robson Ranch Denton Resort Community Rules
the Architectural Guidelines, the Articles and the Bylaws Any violation of these documents by the
tenant shall be a default under the lease An Owner of a Lot shall notify the Association regarding
the existence of all leases The Lot Owner shall remain liable for compliance with the Declaration,
Articles, Bylaws, Robson Ranch Denton Resort Community Rules and Architectural Guidelines and
shall be responsible for any violations thereof by his tenant or his tenant's family and guests
(gg) New Construction All Dwelling Units shall be of new construction, and no buildings
or other structures shall be moved on a Lot, Parcel or other area from other locations without the
written consent of either Declarant or the Architectural Committee No part of any Dwelling Unit
shall be used for living purposes until the entire structure is competed
(hh) Construction All Dwelling Units and all other buildings in Robson Ranch Denton
Resort Community must be constructed by Declarant or its designees Notwithstanding anything to
the contrary in this Declaration, this subsection (hh) can be amended, changed, waived or
terminated only by Declarant by executing an instrument in recordable form that is recorded in the
proper office of record
(it) Compliance with Law No Lot, Parcel or other area in Robson Ranch Denton Resort
Community shall be maintained or utilized in such a manner as to violate any applicable statute,
ordinance or regulation of the United States of America, the State of Texas, the County of Denton or
any other governmental entity or agency having jurisdiction over Robson Ranch Denton Resort
Community or any part thereof
(p) No Modification by Private Agreement No private agreement of any Owners shall
modify or abrogate any of these Covenants or the obligations, rights and duties of the Owners
hereunder
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Section 3 Covenants Applicable to Lots Within Single Family Residential Land Use
Classification The following Covenants shall apply only to Lots and the Owners and Residents
thereof lying within a Single Family Residential Land Use Classification
(a) General Property classified as Single Family Residential Use under a Tract Declaration may
be used only for the construction and occupancy of one Single Farruly detached Dwelling Unit per
Lot and typical residential activities incidental thereto, such as the construction and use of private
swimming pools, together with common recreational facilities or other common areas or amenities,
if any All Lots within such Land Use Classification shall be used, improved and devoted
exclusively to residential uses and no occupation, business, profession, trade or other nonresidential
use shall be conducted thereon, except that an Owner or Resident may conduct business activities
on a Lot so long as (i) the existence or operation of the business activity is not apparent or detectable
by sight, sound or smell from outside the Dwelling Unit, (it) the business act+vity conforms to all
applicable zoning requirements, (in) the business activity does not involve door-to-door solicitations
of other Owners and Residents, and (iv) the business activity is consistent with the residential
character of the property and does not constitute a nuisance, or a hazardous or offensive use, or
threaten the security or safety of other residents and Owners, as may be determined in the sole
discretion of the Board The terms "business", "occupation", "profession' and "trade", as used in
this Section 3 and in the immediately following Section 4, shall be construed to have their ordinary,
generally accepted meanings, and shall include, without limitation, any occupation, work or activity
undertaken on an ongoing basis which involves the provision of goods or services to persons other
than the provider's family and for which the provider receives a fee, compensation, or other form of
consideration, regardless of whether (i) such activity is engaged in full or part-time, (u) such
activity is intended to or does generate a profit or (in) a license is required therefor
Notwithstanding the above, the leasing of a Dwelling Unit shall not be considered a trade or
business as defined herein The restrictions contained in this Section 3 or in Section 4 below shall
not apply to any activity conducted by Declarant with respect to its development, operation or sale
of property within Robson Ranch Denton Resort Community, and Declarant shall have the tight to
maintain sales offices, administration offices and sales and model complexes on property classified
as for Single Family Residential Use, Residential Condormnmm Development Use or Cluster
Residential Use
(b) Tenants The entire Dwelling Unit and Lot may be let to a Single Family tenant or lessee
from time to time by the Owner, subject to the provisions of this Declaration, the Robson Ranch
Denton Resort Community Rules, any applicable Architectural Guidelines and the Tract
Declaration
(c) Minimum Home Size All detached Single Family Dwelling Units in Robson Ranch Denton
Resort Community shall have at least one thousand (1,000) square feet of living space, exclusive of
carports and porches
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Section 4 Covenants Applicable to Property Within a Residential Condorrumum
Development Land Use Classification and a Cluster Residential Land Use Classification The
following Covenants shall apply only to Dwelling Units and the Owners and Residents thereof lying
within a Residential Condominium Development Land Use Classification or a Cluster Residential
Land Use Classification
(a) Qpneral Property classified as for Residential Condommninm Development Use or as Cluster
Residential Use under a Tract Declaration may be used only for the construction and occupancy of
Single Family Dwelling Units, together with common facilities and other Common Areas, if any
In addition, a management office may be maintained on such property for the purpose of leasing and
managing Dwelling Units and related improvements on such property All Lots within such Land
Use Classifications shall be used, improved and devoted exclusively to residential uses and no
occupation, business, profession, trade or other nonresidential use shall be conducted thereon,
except that an Owner or Resident may conduct business activities on a Lot so long as (i) the
existence or operation of the business activity is not apparent or detectable by sight, sound or smell
from outside the Dwelling Unit, (it) the business activity conforms to all applicable zoning
requirements, (m) the business activity does not involve door-to-door solicitations of other Owners
and Residents, and (tv) the business activity is consistent with the residential character of the
property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security
or safety of other residents and Owners, as may be deterrmned to the sole discretion of the Board
As provided in Section 3 above, the restrictions contained in this Section 4 shall not apply to any
activity conducted by Declarant with respect to its development or sale of property within Robson
Ranch Denton Resort Community
(b) Tenants The entire Dwelling Unit may be let to a Single Family tenant from time to time by
the Owner, subject to the provisions of this Declaration, the Robson Ranch Denton Resort
Community Rules, any applicable Architectural Guidelines and the Tract Declaration
Section 5 Covenants Applicable to Golf Course Land Use
Classifrcg_gon
(a) neral The Golf Course Land shall be designated as such in a Tract Declaration recorded
by Declarant No Association membership rights or responsibilities shall be attributed or charged to
the Golf Course Land
(b) Use Restriction The Golf Course Land shall be used solely as one or more golf courses,
parks, recreation areas (including but not limited to driving ranges, pro shops, water storage, well -
sites, recharge wells, drainage structure, automobile parking, and other recreational and associated
maintenance facilities) or for open space or desert landscaping purposes Notwithstanding the
foregoing and subject to applicable zoning regulations, the Owner of the Golf Course Land, without
approval from the Board or other Owners, may amend the Tract Declaration or plat or plats covering
the Golf Course Land to alter the use of the Golf Course Land or any portion thereof, provided that
M
the remaining Golf Course Land remains available for golf course purposes As long as Declarant
has fee title to, or any beneficial or security interest in, any Robson Ranch Denton Resort
Community property, any amendment to any Golf Course Tract Declaration or plat or plats must be
approved by Declarant
(c) Operation of Golf Course, To the extent reasonably possible, the manager of any golf course
and other facilities located on Golf Course Land shall attempt to operate such golf course and other
facilities in such a manner so as not to create an unreasonable nuisance for the Owners and
Residents of Robson Ranch Denton Resort Community Notwithstanding the foregoing, activities
and uses permitted on the Golf Course Land shall include all activities normally associated with the
operation and maintenance of a golf course and any and all other recreational activities and facilities
permitted under subsection (b) above, approved by Declarant, or permitted by the applicable Tract
Declaration,- including but not limited to the conduct of tournaments, races and other recreational
events which may include spectators, television, radio and other media coverage, and various related
activities Notwithstanding other provisions of this Declaration or the Robson Ranch Denton Resort
Community Rules restricting parking, members of the public shall have the right to park their
vehicles on roadways within Robson Ranch Denton Resort Community at reasonable times before,
during and following golf tournaments and other permitted functions held on the Golf Course Land
Subject to the terms of this Declaration and any Tract Declaration recorded against the Golf
Course Land, the Owner of the Golf Course land shall have the right, in its sole discretion, to
establish rules and regulations governing all aspects of the golf course, including but not limited to
price, hours of operation, tee -time procedures, annual memberships, use, reciprocal agreements
commitments, subleasing, availability, staffing, quality, equipment and maintenance The Owner
of Golf Course Land shall also have the right, in its sole discretion and at any time, to make such
Golf Course Land available to others or the general public or to restrict play to the Members of the
Association The Owner of the Golf Course Land, its guests, employees, invitees and clientele shall
have, in perpetuity, a tight of reasonable access through Robson Ranch Denton Resort Community
and the facilities thereon, and reasonable parking privileges, for the purpose of operating and using
the golf course, golf pro shop, golf cart storage areas and snack bar Upon request by the Owner of
the Golf Course Land, (if the Association is not such Owner), the Association shall execute and
notarize an instrument to further evidence such tights and privilege Commencing one year after the
Transition Date, the Owner of the Golf Course Land (if it is not the Association) shall, on an annual
basis, reimburse the Association an amount not to exceed the actual cost directly attributable to the
Association for the prior year of the Golf Course Owner's use and operation, if any, of the golf pro
shop, golf cart storage areas and snack bar if they are located in a clubhouse conveyed to the
Association or on any other property conveyed to the Association
(d) Golf Balls The Owners, Residents, guests and other persons owning, occupying or using any
Lot, Dwelling Unit, Parcel or other area adjoining the Golf Course Land are deemed to have
assumed the risks of personal injury and property damage resulting from golf balls hit onto such
Lot, Dwelling Unit, Parcel or other area by persons playing golf on the Golf Course Land Neither
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Declarant, the Owner of the Golf Course Land, or the Association is responsible for installing
screening devices or trees to linut or prevent errant golf balls from causing injury or damage
(e) Members' Right to Use Golf Course [TERMS TO BE DETERMINED]
(f) The Issuance of An Annual Pass The issuance of an annual pass to any homeowner for
any one year shall not act as a guarantee that Declarant will issue such annual passes in any future
year Further the holder of any annual golf pass does not have an automatic right to expect to play
every day for which such holder applies for a tee time The number of tee times are limited by the
amount of daylight on any given day, and Declarant may not find it possible to grant tee times to all
persons who apply for tee times on any given day
Section 6 Variances The Declarant or the Board may, at its option and is extenuating
circumstances, grant variances from any or all of the restrictions set forth in Article IV of this
Declaration or in any Tract Declaration if Declarant or the Board determines in its discretion (a)
either (t) that a restriction would create an unreasonable hardship or burden on an Owner, or (it) that
a change of circumstances since the recordation of this Declaration has rendered such restriction
obsolete, and (b) that the activity penrutted under the variance will not have any substantial adverse
affect on the Owners and Residents of Robson Ranch Denton Resort Community and is consistent
with the high quality of life intended for Residents of Robson Ranch Denton Resort Community
The request for a variance must be made in writing and must be accompanied by adequate
supporting documentation
Section 7 Grazing Or Agricultural 01rrations Declarant reserves the tight to use the
undeveloped portions of Robson Ranch Denton Resort Community, Annexable Property and
perhaps other real property in the vicinity for grazing or agricultural purposes until such portions of
Robson Ranch Denton Resort Community and Annexable Property are developed for residential,
commercial or other uses Therefore, notwithstanding anything to the contrary contained in this
Article IV or elsewhere in this Declaration, none of the use restrictions or other provisions of this
Declaration shall affect, interfere with or apply to any grazing or agricultural operations, or related
operations, that are conducted within Robson Ranch Denton Resort Community with the consent of
Declarant, unless Declarant specifies otherwise in writing
ARTICLE V
ORGANIZATION OF ASSOCIATION
Section 1 Formation of Association The Association shall be a non-profit Texas
corporation Upon incorporation, the Association shall serve as the governing body for all the
Members and for the future Members, and shall be charged with the duties and invested with the
powers prescribed by law and set forth in the Articles, Bylaws and this Declaration Neither the
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Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to
be inconsistent with this Declaration
Section 2 Board of Directors and Officers The affairs of the Association shall be
conducted by the Board and such officers as the Board may elect or appoint in accordance with the
Articles and the Bylaws The Board may also appoint various committees and appoint a manager or
managing agent who shall be subject to the direction of the Board and be responsible for the
day-to-day operation of the Association The Board shall determine the compensation to be paid to
the manager or managing agent and any employees of the Association The Board's responsibilities
shall be to carry out the objectives of the Association which include, but shall not be limited to, the
following
(a) adrmmstenng, including providing administrative support required for, the Architectural
Comrnittee,
(b) preparing and administering an operational budget that provides for the protection,
administration and operation of the Common Areas, the improvements thereon and the property of
the Association, for the performance of all of the Association's responsibilities hereunder and under
the Association's Articles and Bylaws, and for other uses permitted by Article IX of this Declaration,
(c) establishing and administering a reserve fund to the extent that funds are available therefor,
(d) scheduling and conducting the meetings of Members,
(e) collecting and enforcing the assessments and disbursing funds received for the benefit of the
Association and its Members,
(f) maintaining records and books in accordance with Generally Accepted Accounting Principles
and performing other necessary accounting functions,
(g) promulgating and enforcing of the Robson Ranch Denton Resort Community Rules,
(h) marntaining the Common Areas, and
(i) all other duties imposed upon the Board pursuant to this Declaration, the Bylaws, the Articles
and the Robson Ranch Denton Resort Community Rules
Notwithstanding anything in this Declaration to the contrary, until the Transition Date,
Declarant shall maintain absolute control over the Association, including without limitation the right
and politer to amend the Articles, appoint the officers and select the Members of the Board Until
the Transition Date, the directors of the Association shall be appointed by Declarant and, at such
time as is deemed appropriate by Declarant in its sole discretion, two directors shall be elected by
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the Members of the Association other than Declarant Declarant shall have the right to replace any
director appointed by it for any reason whatsoever in its sole discretion The two directors elected
by the Members of the Association other than Declarant shall serve two-year terms and must be
Members or spouses of Members of the Association Any vacancies created in these two
directorships shall be filled in accordance with the Articles and the Bylaws Until the Transition
Date, the number of directors shall not exceed five (5) After the Transition Date, the election of the
Board of Directors shall be by the Members in accordance with the Articles and the Bylaws
Declarant voluntarily may (but shall not be required to) relinquish control of the Association and
thereby require the Members to assume control of the Association at any time All debts and
obligations of the Association prior to the Transition Date shall continue to be the debts and
obligations of the Association after the Transition Date, and Declarant shall have no responsibility
or obligation to discharge those debts and obligations
Section 3 The Robson Ranch Denton Resort Community Rules and Architectural
Guidelines By a majority vote of the Board, the Association may, from time to time and subject to
the provisions of this Declaration, adopt, amend and repeal rules and regulations to be known as the
Robson Ranch Denton Resort Community Rules The Robson Ranch Denton Resort Community
Rules may restrict and govern the use of the Common Areas by any Member or Resident, by the
family of such Member, or by any invitee, licensee or tenant of such Member, provided, however,
that the Robson Ranch Denton Resort Community Rules shall not discriminate among Members
(other than Declarant) and shall not be inconsistent with this Declaration, the Articles or the Bylaws
In addition, from time to time and subject to the provisions of this Declaration, the Architectural
Committee with respect to the Robson Ranch Denton Resort Community Residential Areas shall
have the right to adopt, amend and repeal Architectural Guidelines, provided, however, that such
rules and guidelines shall be fair and reasonable, shall be consistent with the provisions of this
Declaration, the Articles and Bylaws and shall be subject to review and revision by the Board The
authority granted herein to develop rules and guidelines by the Board and Architectural Committee,
and the enforcement powers granted herein, are given for the purpose of ensuring that Robson
Ranch Denton Resort Community is developed and used according to the general descriptions and
intent as evidenced by the Robson Ranch Denton Resort Community Master Development Plan, as
it from time to time may be amended, and this Declaration The Board and Architectural
Committee are responsible specifically for the administration and enforcement of the provisions of
this Declaration and the Articles, Bylaws, Robson Ranch Denton Resort Community Rules and
Architectural Guidelines Upon adoption, the Robson Ranch Denton Resort Community Rules and
the Architectural Guidelines shall have the same force and effect as if they were set forth in and
were a part of this Declaration, except that in the event of any inconsistency between the rules and
regulations adopted by the Board and the guidelines adopted by the Architectural Committee, the
rules and regulations adopted by the Board shall control, and in the event of any inconsistency
between the rules, regulations or guidelines and any of the provisions of this Declaration or of the
Articles or Bylaws, the provisions of this Declaration, the Articles and the Bylaws shall govern and
control
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Section 4 Personal Uabtlity No Board member, committee member, officer or employee of
the Association or Declarant shall be personally liable to any Member or to any other person or
entity, including the Association, for any damage, loss or prejudice suffered or claimed on account
of any act, omission, error or negligence, provided, however, the limitations set forth in this Section
4 shall not apply to any person who has failed to act in good faith or has engaged in willful or
intentional misconduct The Association shall indemnify its committee members, directors and
officers when acting in good faith on behalf of the Association to the fullest extent pernutted by law
Section 5 Ancillary Association In the event an Ancillary Association is formed by
Declarant or with the written consent of Declarant for a Parcel, subdivision, area or neighborhood in
Robson Ranch Denton Resort Community, articles of incorporation, bylaws and any declaration of
restrictions shall serve as the governing documents for an Ancillary Association The governing
documents for an Ancillary Association must specify that such Association and the rights of its
members are subject to the provisions of this Declaration and of the Articles of the Association
The Board may delegate to an Ancillary Association the responsibility for billing and collecting for
some or all of the Assessments
Section 6 Easements In addition to the easements specifically granted or reserved herein,
the Association is authorized and empowered to grant upon, across or under Association Land such
permits, licenses, easements and rights -of -way for sewer lines, water lines, underground conduits
storm drains, television cable and other similar public or private purposes, security lines, roadways
or other purposes as may be reasonably necessary and appropriate for the orderly maintenance and
preservation of the health, safety, convenience and welfare of the Owners of real property within
Robson Ranch Denton Resort Community, as deternuned by the Board
Section 7 Rights of Enforcement The Association, acting through the Board, shall be and
hereby is empowered to decide all questions regarding the enforcement of this Declaration within
Residential Areas and to take any and all actions needed, in its sole and absolute judgement, to
enforce this Declaration
Section 8 Contracts with Others for Performance of Association's Duties Subject to the
restrictions and httutattons contained herein, the Association may enter into contracts and
transactions with others, including Declarant and affiliated companies or persons, and such
contracts or transactions shall not be invalidated or in any way affected by the fact that one or more
directors or officers of the Association or members of any committee of the Association are
employed by or otherwise connected with Declarant or its affiliates, provided that the fact of such
interest shall be disclosed or known to the other directors acting upon such contract or transaction,
and provided further that the transaction or contract is fair and reasonable Any such director,
officer or committee member may be counted in determining the existence of a quorum at any
meeting of the Board or Comnuttee of which he is a member which shall authorize any contract or
transaction described above or grant or deny any approval sought by Declarant, its affiliates or any
competitor thereof and may vote at such meeting to authorize any such contract, transaction or
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approval with like force and effect as if he were not so interested In addition, from and after the
date of this Declaration and until the date Thirty -Five (35) years after the Transition Date, Declarant
or its designee shall have the right, but not the obligation, to serve as the manager of the Association
and, from and after the date that ONE THOUSAND (1,000) houses are constructed in Robson
Ranch Denton Resort Community , to receive from the Association a management fee in the
amount of four percent (4%) of the Association's total gross revenues from all sources, as reported in
the Association's annual financial statements Such management fee shall be in addition to, and not
in substitution for, reimbursement by the Association to Declarant or its designee for all direct
expenses actually incurred in managing the Association and in addition to the costs and expenses of
operating the Association and of paying the employees of the Association Such management fee
shall not be payable if Declarant and its designee elect not to serve as manager of the Association
ARTICLE VI
MEMBERSHIP AND VOTING
Section 1 Owners of Lots Every Owner of a Lot, including Declarant, but not including
any other Owner of a Lot that constitutes Exempt Property, shall be a Member of the Association
Each such Owner, including Declarant, shall have one Membership for each Lot owned by the
Member Each Membership shall be appurtenant to and may not be separated from ownership of
the Lot to which the Membership is attributable Except as otherwise provided in any Tract
Declaration for a commercial or other Parcel, no Memberships shall be appurtenant to any
Commercial Areas There shall be only one Membership for each Lot, which Membership shall be
shared by any joint Owners of, or owners of undivided interests in, a Lot Notwithstanding the
foregoing provisions of Section 1, in the event an Owner of two adjoining Lots, or an Owner of a
Lot and a portion of an adjoining Lot, combines said areas for use as one residence, upon approval
by Declarant or the Board, the combined Lots or the combined Lot and adjoining property, as the
case may be, shall be assessed and treated as one Lot hereunder and shall be entitled to one
Membership
Section 2 Tenants Tenants of Rental Apartments or other Dwelling Units shall not be
Members of the Association In the event Rental Apartments are converted to residential
Condominiums, then at the time the declaration of condommmm is recorded, there shall be one
Membership in the Association for each residential Condorrunium Unit owned
Section 3 Declarant Notwithstanding anything to the contrary herein, Declarant shall be a
Member of the Association for so long as Declarant owns any Lot in Robson Ranch Denton Resort
Community
S ction 4 Voting Subject to Declarant's right to control the Association until the Transition
Date and to Declarant's right to three (3) votes for each Membership held by Declarant from and
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after the Transition Date or such other date as Declarant ceases to control the Association, as
provided in Section 8 below, each Membership entitles the Member to one vote in all elections for
the Board of Directors and all other Association matters requiring a vote of the Members, subject to
the authority of the Board to suspend the Member's voting rights for violations of this Declaration as
provided herein UNTIL THE TRANSITION DATE THE RIGHT OF THE MEMBERS TO VOTE
IS LIMITED AS STATED IN SECTION 8 BELOW
Section 5 Rieht to Vote No change in the ownership of a Membership shall be effective
for voting purposes unless and until the Board is given actual written notice of such change and is
provided satisfactory proof thereof The vote for each such Membership must be cast as a unit
Fractional votes shall not be allowed In the event that a Membership is owned by more than one
person or entity and such Owners are unable to agree among themselves as to how their vote or
votes shall be cast, they shall lose their right to vote on the matter in question If any Member casts
a vote representing a certain Membership, it will thereafter be presumed conclusively that such
Member was acting with the authority and consent of all other Owners of the same Membership
unless objection thereto is made to the Board in writing at or pnor to the time the vote is cast In the
event more than one vote is cast for a particular Membership all such votes shall be deemed void
UNTIL THE TRANSITION DATE THE RIGHT OF THE MEMBERS TO VOTE IS LIMITED AS
STATED IN SECTION 8 BELOW
Section 6 Membership Rights Each Member shall have the rights, duties and obligations
set forth in this Declaration and such other rights, duties and obligations as are set forth in the
Articles, Bylaws, Robson Ranch Denton Resort Community Rules and Architectural Guidelines
Section 7 Transfer of Membership The rights and obligations of a Member in the
Association shall not be assigned, transferred, pledged, designated, conveyed or alienated in any
way except upon transfer of ownership of an Owner's Lot and then only to the transferee thereof A
transfer of ownership of a Lot may be effected by deed, intestate succession, testamentary
disposition, foreclosure of a mortgage of record or such other legal process as pernutted by Texas
law Any attempt to make a prohibited transfer shall be void Any transfer of ownership of a Lot
shall automatically transfer the Membership appurtenant to said Lot or Dwelling Unit to the new
Owner Upon the transfer of ownership of any Lot (excluding the initial sale by Declarant) the
Board, in its discretion, may assess a reasonable transfer fee to cover administrative costs associated
with the transfer of ownership
c ion 8. DECLARANT'S CONTROL OF ASSOCIATION
NOTWITHSTANDING ANYTHING IN THIS DECLARATION TO THE CONTRARY,
UNTIL THE TRANSITION DATE, DECLARANT SHALL HAVE THE RIGHT AND
POWER TO MAINTAIN ABSOLUTE CONTROL OVER THE ASSOCIATION,
INCLUDING WITHOUT LIMITATION THE RIGHT AND POWER TO AMEND THE
ARTICLES (THROUGH CONTROL OF THE BOARD), APPOINT THE OFFICERS,
SELECT THE MEMBERS OF THE BOARD AND APPOINT THE MEMBERS OF THE
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ARCHITECTURAL COMMITTEE AND OTHER COMMITTEES OF THE
ASSOCIATION. AFTER THE TRANSITION DATE, THE ELECTION OF THE BOARD
OF DIRECTORS SHALL BE IN ACCORDANCE WITH THE ARTICLES AND THE
BYLAWS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS
DECLARATION, NO MEMBERS OTHER THAN DECLARANT SHALL HAVE ANY
VOTING RIGHTS UNTIL THE TRANSITION DATE. DECLARANT VOLUNTARILY
MAY BUT SHALL NOT BE REQUIRED TO) RELINQUISH CONTROL OF THE
ASSOCIATION AND THEREBY REQUIRE THE MEMBERS TO ASSUME CONTROL
OF THE ASSOCIATION AT ANY TIME OR MAY PERMIT THE MEMBERS TO ELECT
ONE OR MORE OF THE DIRECTORS PRIOR TO THE TRANSITION DATE. ALL
DEBTS AND OBLIGATIONS OF THE ASSOCIATION PRIOR TO THE TRANSITION
DATE SHALL CONTINUE TO BE THE DEBTS AND OBLIGATIONS OF THE
ASSOCIATION AFTER THE TRANSITION DATE, AND DECLARANT, SHALL HAVE
NO RESPONSIBILITY OR OBLIGATION TO DISCHARGE THOSE DEBTS AND
OBLIGATIONS FROM AND AFTER THE TRANSITION DATE, THE DATE
DECLARANT RELINQUISHES TO THE MEMBERS CONTROL OF THE
ASSOCIATION OR THE DATE DECLARANT OTHERWISE CEASES TO CONTROL
THE ASSOCIATION, WHICHEVER FIRST OCCURS, DECLARANT SHALL HAVE
THREE VOTES FOR EACH MEMBERSHIP HELD BY DECLARANT. FROM AND
AFTER THE DATE OF THIS DECLARATION AND UNTIL THE DATE THIRTY-FIVE
(35) YEARS AFTER THE TRANSITION DATE, DECLARANT OR ITS DESIGNEE
SHALL HAVE THE RIGHT TO SERVE AS MANAGER OF THE ASSOCIATION AND,
FROM AND AFTER THE DATE THAT ONE THOUSAND (1,000) HOUSES ARE
CONSTRUCTED IN ROBSON RANCH DENTON RESORT COMMUNITY , TO
RECEIVE FROM THE ASSOCIATION A MANAGEMENT FEE OF FOUR PERCENT
(4%) OF THE TOTAL GROSS REVENUES OF THE ASSOCIATION FROM ALL
SOURCES AS REPORTED IN THE ASSOCIATION'S ANNUAL FINANCIAL
STATEMENTS
ARTICLE VII
COVENANT FOR ASSESSMENT AND CREATION OF LIEN
Section 1 Creation of Lien and Personal Obligations for Assessments and Maintenance
Charges Each Owner of a Lot, by acceptance of a deed or execution of a purchase contract therefor
(whether or not it shall be so expressed in such deed or purchase contract) or by otherwise acquiring
any interest in a Lot, is deemed to covenant and agree to accept and be subject to mandatory
Membership in the Association and to pay to the Association the following (1) Annual
Assessments, (2) Special Assessments, (3) Maintenance Charges, and (4) Special Use Fees incurred
by the Owner or Resident occupying the Owner's Lot or any portion thereof The Annual
Assessments, Special Assessments, Maintenance Charges, Special Use Fees and other fees, fines
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and charges which are the obligation of an Owner hereunder, together with interest, costs, collection
agency fees, and reasonable attorneys' fees of the Association incurred in connection with the
enforcement and collection thereof or in otherwise enforcing this Declaration, shall be a charge and
continuing servitude and lien upon the Lot against which each such Annual or Special Assessment,
Maintenance Charge or other charge is made and against the Lot of an Owner liable for a Special
Use Fee or other charge and, in addition, shall be the personal obligation of the Owner of such Lot at
the time such payment becomes due and payable The personal obligation for delinquent
Assessments and other charges shall not pass to the successors in title of the Owner unless expressly
assumed by them, but the Lot shall remain subject to the lien of delinquent Assessments except as
provided in Article VIII, Section 3 below No Owner may waive or otherwise exempt himself from
liability for the Assessments provided for herein, including but not limited to by nonuse of Common
Areas, abandonment of such Owner's Lot, or as a result of Assessments for any period exceeding
common expenses The obligation to pay Assessments is a separate and independent covertant on
the part of each Owner No diminution, abatement or set-off shall be allowed by reason of any
action or failure to act of the Board, the Association or Declarant
motion 2 Annual Assessments In order to provide for the uses and purposes specified in
Article IX hereof, including the establishment of replacement and maintenance reserves in the
Board's discretion, in each year, commencing with the first Assessment Period, the Board shall
prepare and adopt a budget and shall assess against each Lot (except any Exempt Property) an
Annual Assessment Subject to the provisions of Section 4 of this Article, the amount of the
Annual Assessment shall be in the sole discretion of the Board but shall be determined with the
objective of fulfilling the Association's obligations under this Declaration and providing for the uses
and purposes specified in Article IX Nothing within this paragraph shall be construed as placing a
requirement upon Declarant to set up a reserve fund at any time Further, no such reserve fund will
be begun, or contributed to, during any year in which Declarant makes a contribution to Robson
Ranch Denton Resort Community Association in order to subsidize any deficit which such
association may have in such year
Section 3 Non -Uniform Rate of Annual Assessment The obligation to pay Assessments
shall begin on the date the Lot is purchased from Declarant, as evidenced by the recording of the
deed or other conveyance instrument for the Lot, whether or not the Owner actually resides in
Robson Ranch Denton Resort Community If the Lot is sold by Declarant by means of a "contract"
as defined in [insert appropriate statutory reference), then for purposes of this section the purchase
date shall be the date the contract is recorded For purposes of this Declaration, Lots owned or sold
by a trustee of a trust of which Declarant is the beneficiary shall be deemed to be owned or sold, as
the case may be, by Declarant The amount of any Annual or Special Assessment against each Lot
or Dwelling Unit shall be fixed at a uniform rate per Membership, with the following exceptions
(a) The Annual Assessments are based on one or two residents per homesite If additional
persons reside in the Dwelling Unit, the Assessment for each additional person shall be fifty percent
(50%) of the Annual Assessment attributable to a Membership, unless the additional person(s) are
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physically unable to use the recreational facilities, as determined by the Board in its sole discretion,
regardless of whether or not more than two residents of the Dwelling Unit actually use the
recreational facilities This Assessment for additional residents shall not count towards the
Maximum Annual Assessment described in Article VII, Section 4 The Board, in its sole discretion,
shall decide when an additional person is "residing" in a Dwelling Unit If only one person resides
in a Dwelling Unit or only one person is physically able to use the recreational facilities, that L.ot or
Dwelling Unit shall not be permitted a discount of any kind from the Assessments attributable to
that Membership, and
(b) If deemed necessary or appropriate by the Board, Assessments (whether Annual or Special)
shall be assessed unevenly against the Lots, and specific Lots or Members, groups of Lots or
Members, or residential neighborhoods who receive or have available services or benefits that are
not available to all of the Lots or Members, as determined by the Board, may be assessed and
required to pay higher Assessments than the base Annual or Special Assessments for which the
other Members are responsible Examples are areas with additional security services, swimrmng
pools, recreational areas or tennis courts that are private to certain Members The Board shall be fair
and reasonable in establishing such unequal Assessments The additional Annual Assessments, to
the extent they exceed the amount of the base Annual Assessments for which all Members are
responsible, shall not count towards the Maximum Annual Assessments described in Article VII,
Section 4
Section 4 Maximum Annual Assessment Except as provided in Section 3 above, the base
Annual Assessment to be established by the Board may not exceed a certain amount, hereinafter
referred to as the "Maximum Annual Assessment" Until January 1, , the Maximum Annual
Assessment for each Membership shall be $ The Maximum Annual Assessment for each
Membership shall increase by ten percent (10%) per year, compounded annually on December 31 of
each year commencing on December 31, (t a each year, the Maximum Annual Assessment
will be 10% higher that the Maximum Annual Assessment for the previous year) However, the
Board has no obligation to increase the Annual Assessment each year to the Maximum Annual
Assessment Notwithstanding the foregoing limitation, the Maximum Annual Assessment may be
increased by a vote of two-thirds (2/3) of the votes entitled to be cast by Members who are voting in
person or by proxy at a meeting duly called for such purpose, or, in the Board's discretion and
without a vote of the Members, as required by increased utility, fuel and water costs charged to the
Association and costs to the Association of complying with governmental statutes, rules and
regulations, including but not limited to those relating to environmental matters
Section 5 Slcial Assessments for Capital Improvements and Extraordinary Expenses in
addition to the Annual Assessments authorized above, the Board may levy Special Assessments for
the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair,
operating expenses, or replacements of capital improvements upon the Association Land or
Common Areas, including fixtures and personal property related thereto, and for the purpose of
defraying other extraordinary expenses The Board may levy the Special Assessments uniformly to
NO
all Members, or to certain Members who receive or have available services or benefits not available
to all of the Members, or otherwise as provided in Section 3 above The provisions of this Section
are not intended to preclude or litnit the assessment, collection or use of Annual Assessments or the
purposes for which Special Assessments may be made The amount of any Special Assessments
shall not apply towards the Maximum Annual Assessment Notwithstanding the foregoing, no
Special Assessments in excess of $ per Lot per calendar year may be levied without the
affirmative vote of a majority of the votes cast in person or by proxy at an annual meeting of the
Members of Association or at a special meeting called for that purpose after proper notice to the
Members
Section 6 Notice and Quorum for Any Action Authorized Under Section 4 Written notice
of any meeting called for the purpose of a vote of the Members to increase the Maximum Annual
Assessments pursuant to the last sentence of Section 4 of this Article shall be sent to all Members no
less than ten (10) days nor more than sixty (60) days in advance of the meeting At such meeting,
the presence of Members, in person or by proxy, entitled to cast more than twenty percent (20%) of
all the votes (exclusive of suspended voting rights) shall constitute a quorum If the required
quorum is not present, another meeting may be called subject to the same notice requirement any
time thereafter, except that the requirement for a quorum shall be reduced from 20% of all of the
votes to ten percent (10%) of all of the votes (exclusive of suspended voting rights)
Section 7 Establishment of Assessment Period The period for which the Annual
Assessment is to be levied (the "Assessment Period") shall be the calendar year, except that the first
Assessment Period shall commence (a) upon the recording of the first Tract Declaration covering
Lots, or (b) upon such later date as the Board shall determine, and shall tern-unate on December 31
of such year The Board in its sole discretion from time to time may change the Assessment Period
by Board resolution specifying the new Assessment Period
Section 8 Billing and Collection Procedures The Board shall have the right to adopt
procedures for the purpose of making, billing and collecting the Assessments, provided that such
procedures are not inconsistent with the provisions hereof Annual Assessments may be collected
on a monthly, quarterly, annual or other basis as determined by the Board Special Assessments
may be collected as specified by the Board The failure of the Association to send a bill to a
Member shall not relieve any Member of liability for any Assessment or charge under this
Declaration, but the Assessment lien shall not be foreclosed or otherwise enforced until the Member
has been given not less than fifteen (15) days written notice prior to such foreclosure or
enforcement, at the address of the Member on the records of the Association, that the Assessment or
any installment thereof is or will be due and of the amount owing Such notice may be given at any
time prior to or after the delinquency of such payment Each Member shall be obligated to inform
the Association in writing of any change of address If appropriate settlements between a buyer and
seller are not maintained by the title or escrow company, the Association shall be under no duty to
refund any payments received by it even though ownership of a Membership changes during an
Assessment Period Successor Members shall be given credit for prepayments, on a prorated basis,
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made by prior Members The amount of the Annual Assessments against Members who become
such during an Assessment Period shall be prorated and such new Members shall not be liable for
any previously levied Special Assessments unless such Special Assessments are levied over a period
of time, in which case such amount shall be prorated to new Members Nothing contained in the
preceding sentence shall affect or impair the Association's lien on any Lot, including any Lot
acquired by a new Member, for past due Assessments relating to the Lot
Section 9 Collection Costs and Interest on Delinquent Assessments Any Assessment or
installment thereof not paid when due shall be deemed delinquent and shall bear interest from the
due date until paid at the rate of eighteen percent (18%) per annum, and the Member shall be liable
for all costs, including attorneys' fees, which may be incurred by the Association in collecting the
same In addition, the Association may charge a late fee of twenty-five percent (25%) for all
delinquent payments, which late fee shall also bear interest at the rate specified above from the date
the Assessment or installment thereof is due until such Assessment or installment, late charge and
interest are paid in full The Board may maintain on the clubhouse bulletin board a list of all
members whose Assessments (whether Annual or Special Assessments or otherwise) are past due
and may also record a Notice of Delinquent Assessment against any Lot as to which an Assessment
is delinquent and constitutes a lien and may establish a fixed fee to reimburse the Association for
the Association's cost in recording such notice, processing the delinquency and recording a notice of
payment, which fixed fee shall be treated as a collection cost of the Association secured by the
Assessment Lien The Association shall not be obligated to release any notice recorded pursuant to
this section until all delinquent Assessments, interest and collection costs have been paid in full,
whether or not all of such amounts are set forth in the Notice of Delinquency
Section 10 Evidence of Payment of Assessments Upon receipt of a written request, and
within a reasonable period of time thereafter, the Association shall issue to the requesting party a
written certificate stating (a) that all Annual and Special Assessments, Special Use Fees and
Maintenance Charges (including interest, costs and attomeys' fees, if any, as provided in section 9
above) have been paid with respect to any specified Lot as of the date of such certificate, or (b) if
such have not been paid, the amounts due and payable as of such date The Association may make
a reasonable charge for the issuance of such certificate, which charge must be paid at the time the
request for any such certificate is made Any such certificate shall be conclusive and binding with
respect to any matter therein stated as against any bona fide purchaser of, or lender on, the Lot in
question to whom the certificate is issued
Section 11 Property Exempted from the Annual and Special Assessments Exempt
Property, including property that is Exempt Property pursuant to Article I X(6) because it is owned
by Declarant or its affiliates shall be exempt from the Assessment of the Annual and Special
Assessments and other charges levied by the Association pursuant to this Declaration However, in
the event any change in ownership or use of Exempt Property results in all or any part thereof
becoming Assessable Property in any year, the same thereupon shall be subject to the assessment of
the Annual, Special and other Assessments and the Assessment Lien therefor The Owner of
Exempt Property (with the exception of Declarant with respect to ownership of its Lots) shall not be
entitled to any Memberships for such Exempt Property
Section 12 No Parcel Assessments Except as otherwise provided in any applicable Tract
Declaration, Parcels shall not be subject to any Assessments levied by the Association, and no
Memberships shall be attributable to Parcels
ARTICLE VIII
ENFORCEMENT OF PAYMENT OF
ASSESSMENTS AND ASSESSMENT LIEN
Section 1 Association as Enforcing Bodv As provided in Article X11, Section 2, the
Association, the Architectural Comnuttee, the Members and the other Owners shall have the right to
enforce the provisions of this Declaration
Section 2 Association's Remedies to Enforce Pigment of Assessments If any Member fails
to pay the Annual or Special Assessments, Special Use Fees or Maintenance Charges when due, the
Association may enforce the payment thereof by taking either or both of the following actions,
concurrently or separately (and by exercising either of the remedies hereinafter set forth, the
Association does not prejudice or waive its rights to exercise the other remedy) and/or by exercising
any other remedies available at law or in equity
(a) Bring an action at law to recover judgement against the Member personally obligated to pay
the Annual or Special Assessments, Special Use Fees or Maintenance Charges,
(b) Foreclose the Assessment Lien against the Lot or Dwelling Unit in accordance with the
then prevailing Texas law relating to the foreclosure of realty mortgages (including the right to
recover any deficiency), and the Lot or Dwelling Unit may be redeemed after foreclosure sale as
provided by law The Association may bid on the subject property at such foreclosure sale
Notwithstanding the subordination of an Assessment Lien as described in Section 3 of this Article
VIR, the ,delinquent Member shall remain personally liable for the Assessments and related costs
after his Membership is terminated by foreclosure or deed in lieu of foreclosure or otherwise
Section 3 Subordination of Assessment Lien The Assessment Lien provided for herein
shall be subordinate to any first mortgage lien held by, or first deed of trust of which the beneficiary
is, a tender who has loaned funds with the Lot as security, or the lender's successors and assigns, and
shall also be subject and subordinate to liens for taxes and other public charges which by applicable
law are expressly made superior Except as above provided, the Assessment Lien shall be superior
to any and all charges, liens or encumbrances which hereafter in any manner may anse or be
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imposed upon each Lot Notwithstanding the foregoing, -sale or transfer of any Lot, whether by
foreclosure of a first lien mortgage or otherwise, shall not affect the Assessment Lien, provided,
however, that if the sale or transfer is pursuant to foreclosure of a mortgage or a deed of trust to
which the Assessment Lien is subordinate, or pursuant to any sale or proceeding in lieu hereof, the
purchaser at the mortgage foreclosure or deed of trust sale, or any grantee taking by deed in lieu of
foreclosure, shall take the Lot free of the Assessment Lien for all Annual and Special Assessments
and Maintenance Charges that have accrued up to the date of issuance of a sheriffs or trustee's deed
or deed in lieu of foreclosure, provided, however, that such mortgage or deed of trust foreclosure
sale purchaser or grantee shall take title subject to all Annual and Special Assessments, Special Use
Fees, Maintenance Charges and the Assessment Lien therefor accruing subsequent to the date of
issuance of a sheriffs or trustee's deed or deed given in lieu of foreclosure
L1314Z4101Do
USE OF FUNDS, BORROWING POWER
Section I Purposes for Which Association's Funds May Be Used The Association shall
apply all funds and property collected and received by it (including the Annual and Special
Assessments, fees, loan proceeds, surplus funds and all funds and property received by it from any
other source) for the common good and benefit of Robson Ranch Denton Resort Community and
the Members and Residents by devoting such funds and property, among other things, to the
acquisition, construction, alteration, maintenance, provision and operation, by any manner or
method whatsoever, of all land, properties, improvements, facilities, services, projects, programs
studies and systems, within or without Robson Ranch Denton Resort Community , which in the
Board's deterrmnation may be necessary, desirable or beneficial to the general common interests of
Robson Ranch Denton Resort Community , the Members and the Residents The following are
some, but not all, of the areas in which the Association may seek to aid, promote and provide for
such common benefit social interaction among Members and Residents, maintenance of
landscaping on Common Areas and public nghts-of-way, maintenance of trails, private roadways,
washes and drainage areas within and adjoining Robson Ranch Denton Resort Community ,
recreation, short-term and long-term leases of real and personal property, payments of assessments
to community facilities districts and improvement districts, liability insurance, communications,
ownership and operation of recreational and other facilities, vehicle storage areas, transportation,
health, utilities, public services, security, safety and indemnification of officers and directors of the
Association Subject to this Declaration and the Articles and Bylaws, the Association may expend
its funds in any manner permitted under the laws of the State of Texas
Section 2 Borrowing Power The Association may borrow money in such amounts, at such
rates, upon such terms and security, and for such periods of time as is necessary or appropriate in
the discretion of the Board
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Section 3 Association's Rights in Spending Funds From Year to Year The Association
shall not be obligated to spend in any year all the sums received by it in such year (whether by way
of Annual or Special Assessments, fees or otherwise), and may carry forward as surplus any
balances remaining The Association shall not be obligated to reduce the amount of an Annual
Assessment in the succeeding year if a surplus exists from a prior year and the Association may
carry forward from year to year such surplus as the Board in its discretion may determine to be
desirable for the greater financial security of the Association and the accomplishment of its
purposes
Section 4 lirmnent Domain. The term "taking" as used in this Section shall mean
condemnation by eminent domain or sale under threat of condemnation In the event of a threatened
taking of all or any portion of the Association Land, the Members hereby appoint the Board and
such persons as the Board may delegate to represent all of the Members in connection with the
taking The Board shall act in its sole discretion with respect to any awards made or to be made in
connection with the taking and shall be entitled to make a voluntary sale to the condemnor in lieu of
engaging in condemnation action Any awards received on account of the taking shall be paid to
the Association In the event of a total or partial taking, the Board may retain any award in the
general funds of the Association to be used to accomplish the purposes of the Association
Section 5 Insurance
(a) Authority to Purchase The Association shall maintain insurance against liability incurred
as a result of death or injury to persons or damage to property on the Common Areas or upon the
other areas maintained by the Association, in a total amount of not less than One Million Dollars
($1,000,000) If reasonably available, the Association shall obtain officers and directors liability
insurance in an amount deemed prudent by the Board In addition the Association may carry any
other insurance coverage which the Board in its sole discretion deems necessary or desirable The
deductible shall be paid by the party who would be liable for the loss or repair in the absence of
insurance
(b) Individual Responsibility It shall be the responsibility of each Owner and Resident or other
person to provide for such person insurance on such person's property interests within Robson
Ranch Denton Resort Community , including but not limited to, such person's additions and
improvements thereon, furnishings and personal property therein, such person's personal liability to
the extent not covered by the property and public liability insurance obtained by the Association, if
any, and such other insurance as such person desires No person shall maintain any insurance
which would lrrrut or reduce in any manner the insurance proceeds payable under the casualty
insurance maintained by the Association in the event of damage to the improvements or fixtures on
the Common Areas Neither the Association nor any Board member nor the Declarant shall be
liable to any person or mortgagee if any risks or hazards are not covered by the insurance obtained
by the Association or if the amount of insurance is not adequate
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(c) Insurance Claims The Association is hereby irrevocably appointed and authorized by the -
Members to adjust all claims arising under insurance policies purchased by the Association and to
execute and deliver releases upon the payment of claims, and to do all other acts reasonably
necessary to accomplish any of the foregoing The Board has full and complete power to act for the
Association in this regard and may, at its discretion, appoint an authorized representative or
committee, to enter into an insurance trust agreement wherein the trustee shall have authority to
negotiate losses under any policy purchased by the Association All proceeds from insurance
acquired by the Association shall be payable to the Association Any proceeds resulting from
damage to the Common Areas shall be used to repair the damage Any excess proceeds shall be
retained by the Association to accomplish the purposes of the Association
ARTICLE X
MAINTENANCE
Section 1 Common Areas and Public Rights -of -Way
(a) Areas of Association Responsibility The Association, or its duly delegated representative,
shall maintain and otherwise manage all Common Areas and improvements thereon, provided,
however, that the Association shall not be responsible for providing or maintaining the landscaping
or structures on any Common Areas that are part of Lots or Parcels The Association shall maintain
any landscaping and other improvements not located on Lots or Parcels and Dwelling Units that are
within the boundaries of Robson Ranch Denton Resort Community and are identified on a recorded
instrument as Common Areas intended for the general benefit of the Members and Residents of
Robson Ranch Denton Resort Community, except the Association shall not be required to maintain
(but may elect to maintain) areas that (i) an improvement district or other governmental entity is
maintaining, (it) an Ancillary Association is required under a Tract Declaration to maintain, or (ui)
are to be maintained by the Owners of a Lot, Dwelling Unit or Parcel pursuant to Article IV, Section
2(d) of this Declaration Specific areas to be maintained by the Association may be identified on
recorded subdivision plats or Tract Declarations approved by Declarant, and/or in deeds from
Declarant to the Association or to a transferee of a Lot, but the failure to so identify such areas shall
not affect the Association's rights or responsibilities with respect to Common Areas or the
Association's rights with respect to other areas intended for the general benefit of Robson Ranch
Denton Resort Community Notwithstanding anything to the contrary herein, Declarant or the Board
shall have discretion to enter into an agreement with any governmental entity with jurisdiction to
permit the Association to upgrade and/or maintain landscaping on property owned by such
governmental entity, held on behalf of such governmental entity or intended to be dedicated to such
governmental entity, whether or not such property is within Robson Ranch Denton Resort
Community , if Declarant or the Board determines such agreement benefits the Association, its
Members or the development of Robson Ranch Denton Resort Community
03
(b) Standards of Care The Board shall use a reasonably high standard of care in providing for
the repair, management and maintenance of the Common Areas and other properties maintained by
the Association, but the Board shall be the sole judge as to the appropriate maintenance of all such
areas The Common Areas shall be used at the risk of the user, and Declarant and the Association
shall not be liable to any person or entity for any claim, damage or injury occurring thereon or
related to the use thereof
(c) Delegation of Responsibilities In the event any subdivision plat, Tract Declaration, deed
restriction or this Declaration pernuts the Board to determine whether or not Owners of certain Lots
or Dwelling Units or Members will be responsible for maintenance of certain Common Areas or
public right-of-way areas or operation of certain services, the Board shall have the sole discretion to
determine whether or not it would be in the best interest of the Members and Residents of Robson
Ranch Denton Resort Community for the Association -or for an individual Member or an Ancillary
Association to be responsible for such maintenance, considering cost, uniformity of appearance,
location and other factors deemed relevant by the Board The Board may cause the Association to
contract with others for the performance of the maintenance and other obligations of the Association
under this Article X and, in order to promote uniformity and harmony of appearance, the Board may
also cause the Association to contract to provide maintenance services to Members and Owners of
Lots and Dwelling Units in exchange for the payments of such fees as the Association and the
Member or Owner may agree upon or as may be established by the Board
Section 2 Assessment of Certain Maintenance Costs In the event that the need for
maintenance or repair of Common Areas, structures and other property maintained by the
Association is caused by the willful or negligent act of any Member, or that Member's family, guests
or tenants, the cost of such maintenance or repairs shall be added to and become part of the
Assessment to which such Member and the Member's Lot or Dwelling Unit is subject and shall be
secured by the Assessment Lien Any charges or fees to be paid by the Member pursuant to Section
1(c) of this Article X in connection with a contract entered into by the Association with a Member
for the performance of a Member's maintenance responsibilities shall also become a part of such
Assessment and shall be secured by the Assessment Lien Any such charge -back shall not count
towards the Maximum Annual Assessment
Section 3 lmprooer Maintenance and Use of Lots In the event any portion of any Lot is so
maintained as to present a nuisance, or to substantially detract from the appearance or quality of the
surrounding Lots and/or other areas of Robson Ranch Denton Resort Community that are
substantially affected thereby or related thereto, or in the event any portion of a Lot is being used in
a manner that violates this Declaration or any applicable Tract Declaration, or in the event the
Member is failing to perform any of such Member's obligations under this Declaration, any Tract
Declaration, the Robson Ranch Denton Resort Community Rules or the Architectural Guidelines
the Board may by resolution make a finding to such effect, specifying the particular condition or
conditions that exist, and give notice thereof to the offending Member that unless corrective action
is taken within fourteen (14) days, the Board may cause corrective action to be taken at such
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Member's cost If at the expiration of the 14-day period of time the requisite corrective action has
not been taken, the Board shall be authorized and empowered to cause such action to be taken and
the cost thereof shall be added to and become a part of the Assessment to which the offending
Member and the Member's Lot is subject and shall be secured by the Assessment Laen
Section 4 Easement for Maintenance Responsibilities The Association shall have an
easement upon, across, over and under the Lots and all other areas (except Commercial Areas) in
Robson Ranch Denton Resort Community for the purpose of, and to the extent reasonably required
for, repairing, maintaining and replacing the Common Areas, Common Area improvements, and
other areas maintained by the Association and for the purpose of performing all of the Association's
other rights, duties and obligations hereunder
Section 5 Maintenance of Vacant Lots To keep vacant Lots that are owned by Members
other than Declarant neat, clean and tidy from weeds, trash and other undesirable elements so as to
maintain the aesthetic quality of Robson Ranch Denton Resort Community , the Board may, in its
sole discretion, assume the responsibility of the upkeep of such vacant Lots and charge the Owners
thereof a fee for the maintenance of such Lots (the "Lot Maintenance Fee") The Lot Maintenance
Fee shall be fair and reasonable, shall not count towards the Maximum Annual Assessment, and
shall be secured by the Assessment Lien
Section 6 Commercial Area Maintenance Nothing contained in this Declaration shall
obligate the Association to upkeep or maintain, or grant the Association enforcement rights for the
upkeep and maintenance of, Commercial Areas Except as otherwise provided in applicable Tract
Declarations, the maintenance of Commercial Areas shall be the responsibility of the respective
Owners of the Commercial Areas
ARTICLE XI
ARCHITECTURAL COMMITTEE
Section I Appointment The Board shall, at a time deemed appropriate by the Board,
appoint an Architectural Committee (the "Committee"), which shall be composed of such persons as
are selected by the Board from time to time or which may consist of the entire Board The purpose
of the Committee shall be to review and evaluate proposals, plans and specifications submitted by
Members for the construction, modification and repair of Dwelling Units and other improvements
on or to the Lots, to recommend action to the Board, to investigate possible violations of this
Declaration, to cant' out decisions of the Board and to take such other action as is authorized by the
Board The Board shall select one of the members of the Committee to serve as Chairman of the
Committee The Chairman so selected, when unavailable, shall appoint one of the other members of
the Committee to serve as acting Chairman The Committee shall be composed of such persons as
are selected by the Board from time to time At least one of the members of the Committee at all
En
times shall be a member of the Board Members of the Committee shall not be entitled to
compensation for their services, unless otherwise approved by the Board
Section 2 Death or Resignation In the event of the death, disability or resignation of any
member of the Committee, the Board shall have full authority to designate a successor or
successors The members of the Committee shall serve at the pleasure of the Board and may be
removed with or without cause by the Board
Section 3 Approval Requirement No building, fence, wall, antenna, exterior landscaping
(except landscaping not Visible from Neighboring Property), awning, sunshade, or other
improvement, attached to or detached from other structures, shall be erected, placed, altered or
maintained on any Lot until the construction plans and specifications and the }Mans showing
location of the structure or plot plan have been approved by the Board, acting through the
Committee, as to color, quality of workmanship and materials, harmony with the external design
and color of the existing structures, and as to location with respect to topography and finished grade
elevation, except any improvements constructed by Declarant or its affiliates or deemed necessary
by Declarant
Section 4 Committee Review Fee The Committee shall be allowed to charge the Member
or other party submitting the plans a reasonable charge for reviewing and approving or disapproving
the proposed plans The charge shall be determined by the Board from time to time and shall be
collected at the time of submission of the plans The Comimttee shall not approve plans that are not
accompanied by payment of the charge
Section 5, Pre -Construction Submissions Before the Member shall commence the
construction or installation of any building, fence, wall or other structure on any Lot or any exterior
alteration of, addition to or extension of any such structure (a) the Member shall submit to the
Chairman of the Committee, or to the acting Chairman of the Committee if the Chairman is absent
or unavailable, two (2) copies of the plans and specifications for the structure showing the nature,
kind, shape, height, materials, color and location (as evidenced by a plot plan) of the proposed
improvements, alterations, additions or extensions, and (b) the plans and specifications shall have
been approved in writing by the Comrmttee
Section 6. Review Period The Chairman or acting Chairman of the Committee shall give
the applicant a written, dated receipt for the plans and specifications If the Committee falls to mail
or deliver a written approval or disapproval of the plans and specifications to the applicant within
sixty (60) days after the plans and specifications have been submitted, and no action has been
instituted to enjoin the proposed work, the plans and specifications shall be deemed to have been
approved
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Section 7 Return of Plans If the Comrruttee either approves or disapproves the plans and
specifications in writing, it shall deliver or mail one set of the plans and specifications to the
applicant with its written approval or disapproval and shall retain the other set If the Committee
fails to [nail or deliver its written approval or disapproval to the applicant within the sixty-day
period heremabove specified, it shall nevertheless return one set of the plans and specifications to
the applicant on demand
Section 8 Review Criteria The Committee shall have the right to disapprove plans and
specifications submitted if, in its opinion (or in the opinion of the Board), the plans and
specifications are not in accordance with all of the provisions of this Declaration or are not complete
or if, in its opinion (or in the opinion of the Board), the design, color scheme or location of the
proposed structure or improvement is not in harmony with the general surroundings and topography
of the Lot or with other buildings and structures in the vicinity, -or if the plans and specifications are
incomplete The Committee shall, in the exercise of its judgement and determination, act
reasonably and in good faith The decision of the Board, acting through the Comtruttee, shall be
final Notwithstanding the foregoing, the Board shall have the right and power to overrule any and
all decisions of the Committee
Section 9 Deviation of Plans, Liability No changes or deviation in or from the plans and
specifications as approved shall be made without the prior written consent of the Committee
Neither the Board, the Association, the Committee nor any members of the Committee shall be
responsible in any way for any defects in any plans and specifications submitted as hereinabove
provided, or for any structure or improvement erected, placed or maintained according to those
plans or other specifications By approving plans and specifications, the Board and the Corrumttee
do not assume any liability or responsibility for compliance with building or zoning ordinances
Section 10 Not Applicable to Declarant Notwithstanding any of the provisions in this
Article XI, the provisions and restrictions contained in this Article XI shall not apply to Declarant
until all Lots are sold and residences are constructed thereon
Section 11 Liability Neither the Committee, nor any member of the Committee nor the
Board shall be liable to any Member or to any other party for any damage, loss or prejudice suffered
or clammed on account of
(a) the approval or disapproval of any plans, drawings or specifications, whether or not
defective,
(b) the construction or performance of any work, whether or not pursuant to approved plans,
drawings and specifications,
(c) the development of any property within Robson Ranch Denton Resort Community,
M
(d) the execution of any estoppel certificate, whether or not the facts therein are correct, or
(e) the enforcement of this Declaration or of the Committee's guidelines or the granting of
variances from the Committee's guidelines,
provided, however, that with respect to the liability of a Committee member, such member has acted
in good faith on the basis of such information as may be possessed by him The approval by the
Committee of any plans, specifications or other matter shall not be deemed to constitute a waiver of
any right to withhold approval of any similar plans, specifications or other matter subsequently
subimtted for approval
ARTICLE MI
RIGHTS AND POWERS OF ASSOCIATION
Section 1 Association's Rights and Powers As Set Forth in Articles and Bylaws In addition
to the rights and powers of the Association set forth in this Declaration, the Association shall have
such rights and powers as are set forth in its Articles and Bylaws, which shall include all rights and
powers as may be reasonably necessary in order to effect the purposes of the Association as set forth
herein After incorporation of the Association, a copy of the Articles and Bylaws of the Association
shall be available for inspection by Owners, prospective purchasers, mortgagees and other persons
or entities with an interest in Robson Ranch Denton Resort Community at the office of the
Association during reasonable business hours
Section 2 Enforcement of Provisions of This and Other Instruments The Association, as
agent and representative of the Owners, shall have the right (without obligation) to enforce, by any
proceeding at law or in equity, the covenants set forth in this Declaration, the Articles, Bylaws,
Robson Ranch Denton Resort Community Rules, the Architectural Guidelines and any and all
Covenants, restrictions, reservations, charges, servitudes, assessments, conditions, liens or
easements provided for in this Declaration or in any contract, deed, declaration or other instrument
that (a) shall have been executed pursuant to, or subject to, the provisions of this Declaration, or (b)
otherwise shall indicate that the provisions of such instrument are intended to be enforced by the
Association The Association is authorized to impose sanctions for violations without court
approval Such sanctions may include reasonable monetary fines and suspension of the right to vote
or use any recreational facilities on the Common Area as provided in Article III, Section 1(b) In the
event suit is brought or arbitration is instituted or an attorney is retained by the Association to
enforce the terms of this Declaration or other document described in this Section 2 and the
Association prevails, the Association shall be entitled to recover, in addition to any other remedy,
reimbursement for attorneys' fees, court costs, costs of investigation and other related expenses
incurred in connection therewith including but not limited to the Association's administrative costs
and fees Such attorneys' fees, costs and expenses shall be the personal liability of the breaching
M
Member and shall also be secured by the Assessment Lien against the Member's Lot If the
Association fails or refuses to enforce this Declaration or any provision hereof for an unreasonable
period of time after written request by an Owner to do so, then any Owner may enforce such
provision of the Declaration at his own expense by any appropriate action, whether in law or in
equity, but regardless of the outcome, no expenses of the action shall be paid for by the Association
Section 3 Contracts with Others for Performance of Association's Duties Subject to the
restrictions and limitations contained herein, the Association may enter into contracts and
transactions with others, including Declarant and its affiliated companies, and such contracts or
transactions shall not be invalidated or in any way affected by the fact that one or more directors or
officers of the Association or members of any committee are employed by or otherwise connected
with Declarant or its affiliates, provided that the fact of such interest shall be disclosed or known to
the other directors acting upon such contract or transaction, and provided further that the transaction
or contract is fair and reasonable Any such director, officer or committee member may be counted
in determining the existence of a quorum at any meeting of the Board or committee of which he is a
member which shall authorize any contract or transaction described above or grant or deny any
approval sought by Declarant, its affiliated companies or any competitor thereof and may vote at the
meeting to authorize any such contract, transaction or approval with like force and effect as if he
were not so interested
Section 4 Procedure for Change of Use of Common Areas Upon (a) adoption of a
resolution by the Board stating that in the Board's opinion the then present use of a designated part
of the Association Land or of the Association's interest in other Common Areas is no longer in the
best interests of the Members and Residents, (b) the approval of such resolution by Declarant, and
(c) if after the Transition Date, then the approval of such resolution by a majority of the votes
entitled to be cast by the Members voting in person or by proxy at a meeting duly called for such
purpose, the Board shall have the power and right to change the use of such property (and in
connection therewith, construct, reconstruct, alter or change the buildings, structures and
improvements thereon in any manner deemed necessary by the Board to accommodate the new use),
provided such new use (i) shall be for the benefit of the Members and Residents, as determined by
the Board, and (u) shall be consistent with any deed restrictions, zoning and other municipal
regulations restricting or limiting the use of the land Alternatively, if after the Transition Date, the
Board upon satisfaction of subsections (a) and (b) above may, in lieu of calling a meeting, notify in
writing all Members of the proposed change of use and of their right to object thereto and, if
Members holding no more than ten percent (10%) of the votes held by Members (including
Declarant) eligible to vote object in writing within thirty (30) days after the delivery of such notice,
the proposed transaction shall be deemed approved by the Members and a meeting of the Members
shall not be necessary
Section 5 Procedure for Transfer of Common Areas The Association shall have the right to
dedicate or transfer all or any part of the Common Areas owned by the Association to any public
authority or utility as provided in Article III, Section 1(c) In addition, the Association shall have the
-50-
right to change the size, shape or location of the Common Areas, to exchange the Association's
interest in Common Areas for other property or interests which become Common Areas, and to
abandon or otherwise transfer the Association's interest in Common Areas (to a nonpublic authority)
upon (a) the adoption of a resolution by the Board stating that in the opinion of the Board, the
change proposed shall be for the benefit of the Members and Residents and shall not substantially
adversely affect them, (b) the approval of such resolution by Declarant, and (c) the approval of such
resolution by a majority of the votes entitled to be cast by Members voting in person or by proxy at a
meeting called for that purpose Alternatively, the Board upon satisfaction of subsections (a) and
(b) above may, in lieu of calling a meeting pursuant to subsection (c) above, notify in writing all
Members of the proposed transaction and of their right to object thereto and, if Members holding no
more than ten percent (10%) of the votes held by Members (including Declarant) eligible to vote
object in writing within thirty (30) days after delivery of such notice, the proposed transaction shall
be deemed approved by the Members and a meeting of the Members shall not be necessary
Section 6 Use of Effluent Sewage effluent may be used on the Common Areas and Golf
Course land provided the effluent is adequately treated for such use
ARTICLE XIII
DURATION and AMENDMENTS
Section 1 Duration This Declaration and the Covenants herein contained run with the land
and shall bind all persons in interest, all Owners, and their heirs, legal representatives, successors
and assigns until January 1, 2035 Thereafter, this Declaration and the Covenants shall be extended
automatically for successive penods of five (5) years each, unless not less than thirty (30) days prior
to the end of the initial term or any successive period of five (5) years, the Covenants are amended
or changed to provide otherwise or are terminated
Section 2 Amendments Except as otherwise provided in this Article, amendments,
changes or terminations must be approved by Declarant and by the Owners of a majority of the Lots
(with one vote for each Lot owned, including those owned by Declarant), either at a meeting of the
Members or without a meeting if all Members have been notified and if the Owners of a majority of
the Lots consent to such amendment, change or termination in writing Except as otherwise
provided in this Article, amendments, changes or terminations shall be effected only by instruments
in recordable form executed by Declarant and by the President or Vice President and the Secretary
or Assistant Secretary of the Association and shall be recorded in the proper office of record
Section 3 Urnitation on Amendments Any amendment to this Declaration which limits or
terminates membership in the Association must also be signed by two-thirds (2/3) of the members
of the Board
-51-
Section 4 Non -Retroactive Clause Each party who acquires any interest in all or any part
of Robson Ranch Denton Resort Community after the date hereof agrees to look for performance of,
or relief deemed equitable for the enforcement of, the Covenants, conditions and restrictions
contained herein, only to the Owners who are such when said performance and/or relief is sought,
except as otherwise provided in Article VIl
Section 5, Reuested Amendment Anything in this Article X1II notwithstanding
(a) Declarant reserves the right to amend all or any part of this Declaration to such an extent
and with such language as may be requested by Governmental Mortgage Agencies or by any other
federal, state or local governmental agency that requests such an amendment as a condition
precedent to such agency's approval of this Declaration, or by any federally chartered lending
institution as a condition precedent to lending funds upon the security of any Lot(s) or Dwelling
Umt(s) or any portions of Robson Ranch Denton Resort Community Any such amendment shall
be effected by the recordation, by Declarant, of a Certificate of Amendment duly signed by or on
behalf of the authorized agents, or authorized officers of Declarant, as applicable, with their
signatures acknowledged, specifying the Governmental Mortgage Agency, the federal, state or local
governmental agency or the federally chartered lending institution requesting the amendment and
setting forth the amendatory language requested by such agency or institution Recordation of such
a Certificate shall be deemed conclusive proof of the agency's or institution's request for such
amendment, and such Certificate, when recorded, shall be binding upon all of Robson Ranch
Denton Resort Community and all persons having an interest therein For purposes of this Section
5, "Governmental Mortgage Agency" shall mean the Federal Housing Administration, the Veterans
Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage
Association or the Federal National Mortgage Association or any similar entity, public or private,
authorized, approved or sponsored by any governmental agency to insure, guarantee, make or
purchase mortgage loans
(b) It is the desire of Declarant to retain control of the Association and its activities during the
anticipated period of planning and development until the Transition Date If any amendment
requested pursuant to the provisions of this Section 5 deletes, diminishes or alters such control
Declarant shall have the right to prepare, provide for and adopt as an amendment hereof other and
different control provisions by executing and recording an amendment hereto
Section 6 Rule Against Perpetuities If any of the provisions, privileges, Covenants or
rights created by or set forth in this Declaration shall be unlawful, void or voidable for violation of
the rule against perpetuities, then such provision shall continue until 21 years after the death of the
survivor of the now living descendants of Edward J Robson and the now living descendants of
Governor George W Bush
-52-
ARTICLE XIV
ANNEXATION AND DEANNEXATION OF PROPERTY
Section 1 Right of Annexation Declarant expressly reserves the right at any time to expand
Robson Ranch Denton Resort Community, without the consent of any Owner, Member, mortgagee
or any other party with an interest in Robson Ranch Denton Resort Community, by annexing all or
any portion of the Annexable Property The annexation of any or all of the Annexable Property shall
be accomplished by Declarant recording with the County Recorder of Denton County, Texas, a
Tract Declaration which subjects the annexed property to the Declaration and includes the legal
description of the Annexable Property being annexed and which may in Declarant's discretion
establish the Land Use Classification of the Annexed Property Declarant shall not be obligated to
- annex all or any portion of the Annexable Property Declarant may annex noncontiguous
Annexable Property hereunder A Tract Declaration annexing property as permitted hereunder may
contain such complementary additions and modifications of the Covenants, conditions and
restrictions contained in this Declaration as may he necessary or appropriate in Declarant's sole
discretion to reflect the different character, if any, of the annexed property and as are not
inconsistent with this Declaration
Section 2 Deannexation of Parcels Declarant expressly reserves the tight at any time to
deannex any Parcel or Parcels from Robson Ranch Denton Resort Community and from the scope
of this Declaration, without the consent of any Owner, Member, mortgagee or other party, other
than the Owner of the Parcel being deannexed The deannexation of a Parcel shall be accomplished
by Declarant recording a certificate of deannexation executed by Declarant and the Owner of the
Parcel
ARTICLE XV
MISCELLANEOUS
S ion I Exemption of Declarant from Restrictions Notwithstanding anything to the
contrary in this Declaration, none of the Covenants or other provisions in this Declaration shall be
construed or deemed to limit or prohibit any act of Declarant, its employees, agents and contractors,
or parties designated by it in connection with the construction, completion, and sale of Lots in
Robson Ranch Denton Resort Community
Section 2 Limitation on Declarant's Liability Notwithstanding anything to the contrary in
this Declaration, each Owner, by accepting any interest in any portion of Robson Ranch Denton
Resort Community and becoming an Owner, acknowledges and agrees that neither Declarant
(including without limitation any assignee of the interest of Declarant hereunder) nor any partner,
officer, director or shareholder of Declarant (or any partner or shareholder in any such assignee)
shall have any personal liability to the Association, or any Owner, Member or any other person,
-53-
ansing under, in connection with, or resulting from (including without limitation resulting from
action or failure to act with respect to) this Declaration or the Association except, in the case of
Declarant (or its assignee), to the extent of its interest in the property served by the Association and,
in the event of a judgement, no execution or other action shall be sought or brought thereon against
any other assets or be a hen upon such other assets of the judgement debtor
Section 3 Use of Recreational Facilities Declarant and its employees, guests and designees
may use the clubhouse and other recreational facilities, and if there is more than one, all clubhouses
and recreational facilities, located in Robson Ranch Denton Resort Community for sales
promotional and other purposes, as long as Declarant is the owner of any real property located
within Robson Ranch Denton Resort Community , regardless of whether or not legal title to one or
more of the Common Areas passes to the Association No portion of the facilities and amenities
located within Robson Ranch Denton Resort Community and commonly known as a "clubhouse"
shall be used by anyone other than Declarant for the purpose of soliciting any prospective purchaser
being escorted or shown through or viewing the clubhouse at the invitation of Declarant, its
salesman or employees No one, other than Declarant, its salesman or employees shall use any part
of a clubhouse to consummate the purchase or sale of any property whatsoever Nothing herein
shall be construed to prevent anyone from showing a clubhouse or any other part of the Association
facilities or Common Areas to any prospect or customer
Section 4 Blanket Easement Declarant shall have the right to grant or create easements
over, across or under the Common Areas, roadways, open spaces, golf course or any other part of
Robson Ranch Denton Resort Community (other than Lots conveyed to other parties) which, in its
sole discretion, are required for development purposes
Section 5 Cable TV Telephone and Security Systems Easement There is hereby reserved
to Declarant or its nominee a perpetual easement and right of way across and upon all Common
Areas for the maintenance, construction and repair of a cable television system, telephone system
and/or security system and appurtenant facilities Declarant or its nominee shall have the right to
excavate, have, place, lay, construct, operate, use, maintain, repair, replace, reconstruct, enlarge,
improve, add to, relocate and/or remove at any time and from time to time underground structures
with required appurtenances necessary or convenient for the operation of such cable television
system, telephone system and/or security system and all miscellaneous equipment and material
connected therewith Declarant or its nominee shall have the right of ingress to and egress from the
easement by a practical route or routes upon, over and across the Common Areas or any portion or
portions thereof, together with the right to clear and keep clear the easement and rights of way of
materials, buildings and other structures, implements or obstructions Without limiting the
generality of the foregoing, Declarant or its nominee shall have the right to tnm and cut trees,
foliage, and roots upon and from within the above described easement and rights of way whenever,
in its judgement, the same shall be necessary for the convenient and safe exercise of the rights
herein reserved All cable television system equipment and security system equipment installed by
Declarant or its nominee shall remain the personal property of Declarant or its nominee and shall not
-54-
be deemed a part of the realty Declarant or its nommee shall have the right directly or indirectly to
assign its rights to this easement Neither Declarant, its nominee or the Association shall be
obligated to provide a cable television system and/or security system in Robson Ranch Denton
Resort Community If a cable television system and/or security system is built by Declarant or its
nominee, the type and quality of the system and the fees and charges to be paid by users of the
systems, shall be at the absolute discretion of Declarant or its nominee
Section 6 Private Roadways and Guard Gates Except as otherwise provided in an
applicable plat, Tract Declaration or easement executed by Declarant, use of the private roadways
within Robson Ranch Denton Resort Community , if any, shall be lirmted to Declarant, Owners,
Members and Residents, tenants of Commercial Areas, their employees, guests and invitees,
applicable governmental agencies and entities, and the golf public if the Golf Course or snack bar is
open to the public The Board shall have the right to assess the Members for the repair,
reconstruction, replacement and maintenance of the private roadways, curbs and gutters, the
electricity for street lighting and the operation and maintenance of guard gates, guard stations and
guard service pursuant to Article VII of this Declaration Neither Declarant nor any Owner of the
Golf Course shall be assessed or charged in any way for normal wear and tear on the private
roadways caused by its guests, customers, agents, employees, subcontractors, or the golfing public
Declarant reserves the right, in its sole discretion, to at any time cause title to all or any part of the
private roadways to be conveyed to the Association or an Ancillary Association Until the private
roadways are conveyed to the Association or an Ancillary Association, Declarant reserves the right
to cause all or any part of the private roadways to be dedicated to the public
Section 7 Transfer of Title to the Common Areas Declarant shall transfer title to the
Common Areas to the Association on the Transition Date, or shall transfer all or any part of the
Common Areas to the Association sooner at Declarant's sole discretion The condition of the
facilities at the time of transfer shall be reasonable subject of normal wear and tear The Common
Areas may, upon such transfer, be subject to mortgages or encumbrances securing indebtedness of
the Association, provided such indebtedness was incurred for the operation of the Association or
payment of the debts or obligations of the Association Declarant shall have no obligation to the
Association or to any Member to pay such indebtedness or the interest thereon
Section 8 Interpretation of the Covenants Except for judicial construction, the Association,
by its Board, shall have the exclusive right to construe and interpret the provisions of this
Declaration that are applicable to Residential Areas In the absence of any adjudication to the
contrary by a court of competent jurisdiction, the Association's construction or interpretation of the
provisions of this Declaration that are applicable to Residential Areas shall be final, conclusive and
binding as to all persons and property benefited or bound by the Covenants
Section 9 Severabdrtk Any determination by any court of competent jurisdiction that any
provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability
of any of the other provisions hereof
-55-
Section 10 Change of Circumstances. Except as otherwise expressly provided in this
Declaration, no change of conditions or circumstances shall operate to extinguish, terminate or
modify any of the provisions of this Declaration
Section 11 Rules and Regulations In addition to the right to adopt rules and regulations on
the matters expressly mentioned elsewhere in this Declaration, the Association (through its Board
and committees) shall have the right to adopt rules and regulations with respect to all other aspects
of the Association's tights, activities and duties, provided such rules and regulations are not
inconsistent with the provisions of this Declaration
Section 12 Declarant's Disclaimer of Representations Anything to the contrary in this
Declaration notwithstanding, and except as otherwise may be expressly set forth on a recorded plat
or other instrument recorded in the office of the County Recorder of Denton County, Texas
Declarant makes no warranties or representations whatsoever that the plans presently envisioned or
the complete development of Robson Ranch Denton Resort Community can or will be carried out,
or that any land now owned or hereafter acquired by Declarant is or will be subjected to this
Declaration or any other Declaration, or that any such land (whether or not it has been subjected to
this Declaration) is or will be committed to or developed for a particular (or any) use, or if that land
is once used for a particular use, such use will continue in effect Without limiting the generality of
the foregoing, Declarant expressly reserves the right at any time and from time to time to amend the
Master Development Plan
Section 13, No Warranty of Enforceability Declarant makes no warranty or representation
as to the present or future validity or enforceability of any Covenants contained in this Declaration
Any Owner acquiring a Lot or Parcel in Robson Ranch Denton Resort Community shall assume all
risks of the validity and enforceability hereof and by acquiring any Lot or Parcel agrees that
Declarant shall have no liability therefor
Section 14. References to the Covenants in Deeds Deeds or any instruments affecting any
part of Robson Ranch Denton Resort Community may contain the Covenants herein set forth by
reference to this Declaration, but regardless of whether any such reference is made in any Deed or
instrument, each and all of the Covenants shall be binding upon the grantee Owner or other person
claiming through any instrument and his heirs, executors, adnimistrators, successors and assigns
Section 15 Gender and Number Wherever the context of this Declaration so requires,
words used in the masculine gender shall include the feminine and neuter genders, words used in the
neuter gender shall include the masculine and feminine genders, words in the singular shall include
the plural, and words in the plural shall include the singular
Section 16 Captions and Titles All captions, titles or headings of the Articles and Sections
in this Declaration are for the purpose of reference and convenience only and are not to be deemed
3.
to linut, modify or otherwise affect any of the provisions hereof or to be used in determining the
intent or context thereof
Section 17 Notices If notice of any action or proposed action by the Board or of any
committee or of any meeting is required by applicable law, this Declaration or resolution of the
Board to be given to any Owner, Member or Resident then, unless otherwise specified herein or in
the resolution of the Board, such notice requirement shall be deemed satisfied if notice of such
action or meeting is published once in any newspaper in general circulation within ROBSON
RANCH DENTON RESORT COMMUNITY This Section shall not be construed to require that
any notice be given if not otherwise required, and shall not prohibit satisfaction of any notice
requirement in any other manner If notice is made by mail, it shall be deemed to have been
delivered and received twenty-four (24) hours after a copy of the same has been deposited in the
United States mail, postage prepaid, addressed to such person at the address given by that person to
the Association for the purpose of service of such notice, or to the address of the Lot, Parcel or
Dwelling Unit owned by such person if no address has been given Notice to the Board shall be
delivered or sent certified mail to the office of the Association
Section 18 Lau atg ion After the Transition Date, no judicial or administrative proceedings
shall be commenced or prosecuted by the Association unless approved by Members holding
seventy-five (75%) percent of the outstanding votes This Section shall not apply, however, to (a)
actions brought by the Association to enforce the provisions of this Declaration (including, without
limitation, the foreclosure of liens), (b) the imposition and collection of Assessments as provided in
Article VII hereof, (c) proceedings involving challenges to taxation, or (d) counterclaims and other
claims brought by the Association in suits instituted against it This Section shall not be amended
unless such amendment is made by Declarant or is approved by the percentage votes necessary to
institute proceedings as provided above
Section 19 Use of the Words 'Robson Ranch Denton Resort Community " No person or
entity other than Declarant shall use the words 'Robson Ranch Denton Resort Community " or any
derivative thereof in any printed or promotional material without the prior written consent of
Declarant However, Members may use the tern 'Robson Ranch Denton Resort Community " in
printed or promotional material where such term is used solely to specify that the particular property
is located within Robson Ranch Denton Resort Community
Section 20 Governing Law This Declaration shall be governed by and construed in
accordance with the laws of the State of Texas
IN WITNESS WHEREOF, the undersigned have executed this Declaration as of the day and
year first above written
DECLARANT
-57-
ROBSON RANCH DENTON, LLC, a Delaware
luruted liability company
By Arlington Property Management Company
an Arizona corporation
CA
STATE OF TEXAS )
ss
County of Denton )
The foregoing instrument was acknowledged before me this day of
1999, by the
of Arlington Property Management Company, the Manager of Robson
Ranch Denton, LLC, a Delaware limited liability company, on behalf of the limited liability
company
My Comttusston Expires
Notary Public
-59-
P H A
Robron Cmnmum6es
N G
P L A N
PHASING PLAN
The following phasing plan illus
trates the four (4) approximate
major phases of construction for
Robson Ranch These four
phases are estimated to be 10 year
project phases, with the first phase
occurring in the southeastern pol
tion of the project adjacent to
Crawford Road
Minor phases of construction will
be occurring within parcels of
each major phase and will be
identified when detailed plans are
submitted
Prepared for Denton City Council M( (Ling
56 lutsda , August 3 1999
r
Phasing Plan
ROBSON RANCH
LIVELY
These Materials And The Features And Amenities
Depicted In These Renderings Are Based Upon
Current Development Plans Which Are Subject To
Cbange Or Adjusted Without Notice At The Developer's
Sole Discretion.
30�00 4500
GRAPHIC SCALE IN FEET
T R A F F I C S T U D Y
PRELIMINARY TRAFFIC INFOR-
MATION FOR THE ROBSON
RANCH COMMUNITY
A preliminary analysis has been
completed on the overall trips
expected based on the current
configuration of the develop-
ment It has been our experi-
ence that developments of this
sort generate far less external
trips than a typical residential
subdivision The market stan
dard for the number of trips
generated for a typical single
family household is 10 trips per
day That includes trips for all
purposes (internal and external)
In contrast, developments
restricted to the active adults
provide many of the services
internally related to commer-
cial/retail, entertainment (golf),
etc In addition, many of the
internal trips are completed
using a golf cart In light of
these characteristics, the average
number of trips per household
may range between 5 47 — 6 15
These numbers account for
external trips and internal The
number of internal trips ranges
from an overall percentage of
40% to an average 2 trips per
household with approximately
50% of those trips occurring via
golf carts that do not use the
roadway network Therefore
for the purpose of this prelimi-
nary analysis, it is assumed for a
conservative estimate that the
external trip rate would range
from 3 47 to 4 15 using the 2
trips per household value
The summary information that
follows reflects a conservative
estimate The number of units
were distributed to the four
points of access based on the
existing traffic patterns of the
surrounding roadways Apply
ing a conservative trip rate of
4 15 daily trips per single-family
household produces 26,975 trips
per day over the total 6,500
single family dwelling units
The peak period distribution of
2 7% and 4 4% in the AM and
PM periods respectively,
translate into 728 and 1,214
peak hour trips The projected
distribution across the 4 points
of access indicates the two
southern points of access will
account for approximately 63%
of the traffic while the western
and northern points of access
will serve the remaining 24%
and 13%, respectively
The existing volumes along the
surrounding roadways were
collected in January and used to
determine the area distribution
rates
57
Prepared for Denton City Council Meeting
Cuesda , August 3 1999
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315
0
0
330
0
1
345
0
1
400
0 0
0 2
415
0
0
430
0
1
445
5
0
so
0 5
0 1
515
0
0
530
0
0
SO
0
3
No
0 0
5 8
615
0
3
630
8
4
us
10
8
700
14 32
10 25
715
3
5
730
6
19
745
7
13
B00
8 24
18 $5
Ills
7
4
830
8
5
us
6
14
900
8 29
5 28
915
2
4
930
3
7
945
4
22
1000
3 12
6 39
1015
1
6
1030
1
19
1045
6
II
1100
6 14
9 55
Ills
4
12
1130
2
8
11451
9
6
TO* m
,a" 1t4alhkbu�tu
"8m0146k114
12N
1215
4
18
1230
2
17
1245
0
13
13M
3 9
13 61
315
2
13
330
2
13
1343
1
14
1400
2 7
16 56
1415
2
10
1430
4
21
1445
2
12
15m
4 12
13 56
I515
4
23
1530
3
16
1545
2
20
16M
3 12
31 90
1615
6
16
1630
5
14
645
3
26
17M
2 16
31 87
1715
7
39
1730
0
46
1745
3
30
IBM
6 16
32 147
Isis
5
29
1930
1
27
1845
6
20
1900
6 18
19 95
1915
4
23
1130
6
is
1945
3
15
2000
3 16
10 63
2015
0
7
2030
2
9
2045
2
12
2100
3 7
7 35
2115
0
2
2130
0
14
2145
1
10
2200
3 4
7 33
2215
1
4
2230
2
7
2245
0
B
2300
1 4
3 22
2315
0
2
2330
0
9
2345
0
4
2400
0 0
2 17
Dlrecaond V.I.W. 2581 029
24110.,Volumel 1,297
mbmn trip am xlu 5nM9
246r 38:4 7 42 AM
Robson Ranch
24-Hour Volumes
Street Florence Road y I
Location South of FM 2449 € 1
y I
City/State Denton, TX
Project# 981545039.606
Date Y11199
Day of Week Tuesday
Data Source Quality Counts
2400 29a 400 600 600 Io00 12M 14W IlmO im 2(00 22M
Tlma 01)w
24 Hour Volume
1,310—e—Honrooun4
Timis-
2400
Is
0
1
30
0
0
45
0
3
100
0 0
0 4
115
2
0
130
0
2
145
0
0
200
0 2
0 2
215
0
0
230
0
0
245
0
0
300
0 0
0 0
315
0
0
330
2
1
345
0
0
400
1
1 3
0 1
415
1
2
430
1
0
445
3
0
500
1 6
0 2
515
6
0
530
1
0
545
6
0
600
12 25
1 1
615
14
1
630
0
7
645
9
39
700
1
4 35
26 72
715
14
5
730
11
7
745
18
20
800
22 65
18 50
815
6
9
830
1
9
945
5
13
900
10 22
8 39
915
7
7
930
6
8
ms
6
18
1000
8 27
14 47
1015
8
7
1030
3
9
1045
10
1
1100
9 30
6 23
Ills
6
Is
1130
12
0
1145
8
10
12M
11 37
14 47
IdPman
—a Skash =1—a—Totalv.N
Than i
Pak
I Naakbaaad
Soudlbeuad
1200
1215
6
II
1230
1
7
1245
3
4
I3M
4 14
13 35
1315
7
8
1330
5
7
1345
7
16
1400
9 28
11 42
1415
7
10
1430
6
9
1445
8
9
1500
9 30
12 40
Isis
8
18
1530
9
27
1545
9
21
1600
28 54
20 86
1615
9
10
630
11
10
645
5
11
17N
5 30
25 56
1715
6
20
1730
10
33
1745
11
23
IBM
8 35
17 93
1815
5
30
1830
7
14
1945
3
II
1900
4 19
12 67
1915
5
7
1910
2
8
945
4
13
2w
0 11
1 29
2015
6
9
2030
3
5
2045
1
4
21N
2 12
1 19
2115
1
5
2130
3
6
2145
2
10
2200
1 7
8 29
2215
2
5
2230
0
5
2245
2
4
2300
1 5
2 16
2315
1
2
2330
1
5
2345
0
2
24ao
1 3
1 10
Di.tionil Volumes Soo
810
1a10
24 H. Volume
mbson mp Ben As
24br 5&6
5/28N9
742 AM
Robson Ranch
24-Hour Volumes
Street FM 2449
Location Approach to Florence
�1
City/State Denton, TX 1
Project# 981545039.606
Date 1/11/99
Day of Week Tuesday
Data Source Quality Counts
24M 200 400 Sell 800 Im 12M 1" 1600 1800 2000 T200
Time of Day
24 Hour Volurnif
2,159—�eaemouna
Mo
IS
0
1
30
1
0
45
0
1
too
I 2
2 4
115
0
0
130
0
1
145
0
0
200
0 0
0 1
215
0
0
230
1
0
245
1
0
300
0 2
0 0
315
0
1
330
1
0
345
0
0
400
1
1 2
0 1
415
2
1
430
1
0
445
0
0
500
2 5
0 1
515
5
0
530
5
0
545
12
1
600
18 40
3 4
615
IB
2
630
IS
10
645
36
14
700
29 98
19 45
715
24
19
730
22
19
745
30
24
Boo
38 114
14 76
815
28
II
830
to
17
845
19
20
900
16 73
11 59
915
10
10
930
6
16
945
19
22
Iwo
17 52
17 65
1015
15
16
1030
IS
17
1045
9
14
1100
13 52
21 68
ills
15
130
12
10
145
8
14
1200
17 48
20 59
P—Weemmed �Toiel Veldd
note i
Peek i
901mould
werammil
1200
1215
8
16
1230
IB
IB
1245
10
13
13W
IS 51
14 61
1315
14
14
1330
10
14
1345
14
IS
1400
6 44
14 57
1415
9
13
1430
17
22
1445
15
16
1500
15 56
19 70
1515
18
34
1530
21
24
1545
17
24
1600
20 76
36 118
1615
20
B
630
17
31
645
24
25
1700
18 79
34 108
1715
IS
49
730
20
42
1745
23
24
1800
13 71
35 150
1815
6
33
1930
12
22
1845
11
20
loot
9 38
33 108
1915
8
20
1930
3
18
1%5
4
16
2000
2 17
6 60
2015
7
9
2030
2
6
2045
0
10
21H
2 II
3 28
2115
3
9
2130
4
10
2145
1
8
22M
4 12
6 33
2215
3
6
2230
1
7
2245
0
6
2300
2 6
2 21
2315
1
2
2330
2
6
2345
0
1
2400
0 l
1 10
Dlrechonal Volumes 952
1a07
2159
24 Hour Volume
robson Top gem A.
241m 7&8
5/2"9
742 AM
Robson Ranch
24-Hour Volumes
�A 2- a Coker* pss;Ino,
site# 9(EB)&10(WB) aro ,
street FM 2449 1 Location West otlH 35 200
1 � tso
City/state Denton, TX :W... /
Project# 981545039.606 eo
Date 1111/99 a
Day of Week Tuesday MW s00 40o ON e00 IWO im 1400 lean ieD3 2a00 2200
Data Source Quality Counts 71. o1 Dar
24 Hour Vol a 2,646 +E'"b01n0 '�"WB°moixie —e—raa v.maan
mu
-isk I-dMlnd
,
Wwtfiaun4
..14ms.
�'«
24m
1200
Is
2
5
1215
26
22
30
1
0
1230
14
19
45
0
1
IM5
24
13
100
1 4
3 9
Dm
17 el
16 70
115
1
0
1315
20
is
130
3
0
1330
21
is
145
0
3
1345
22
15
200
1 5
0 3
1400
it 74
IB 63
215
0
2
1415
II
12
230
1
0
1430
19
25
245
1
0
1"5
19
14
300
0 2
0 2
1500
14 63
17 68
315
0
0
I515
18
27
330
2
1
1530
23
19
345
1
1
1545
29
22
4m
1 4
0 2
16m
I
22 92
34 102
415
2
0
1611
46
22
430
4
1
1630
25
19
445
1
5
1645
28
29
Soo
6 13
0 6
170D
24 123
33 103
515
6
0
715
21
46
530
11
0
I730
21
46
545
13
3
1745
30
33
600
17 47
5 8
1800
24 96
38 163
615
32
3
1B15
16
34
630
27
12
1B30
23
28
645
29
IB
1845
11
26
700
21 IN
24 57
19m
11 61
25 113
715
23
8
1915
11
27
730
43
25
1930
to
21
745
40
20
1%5
9
IB
8m
42 1"
26 79
2000
10 40
13 79
815
39
II
2015
9
7
830
17
13
2030
6
11
845
16
20
2045
9
14
9m
24 %
13 57
2100
3 27
10 42
915
12
6
2115
3
2
930
21
10
2130
7
14
945
16
26
2145
6
11
1000
26 75
9 51
2200
4 20
10 37
1015
27
17
2215
5
5
1030
17
20
2230
0
9
1045
21
17
2245
I
8
Ile
19 84
15 69
23m
1 4 10
1 4 26
1115
22
16
2315
6
2
1130
IB
to
2330
0
9
1145
IB
Is
2345
2
4
J2.646
12m
19 77
20 61
2400
0 8
2 17
D0eoumal Volumes
13$9
24Hour Volume
robson In0 a. 81a SRB/99
2449 EB WB 7 43 AM