Loading...
1999-265 FILE 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 JR 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 JR Amended by Ordinance No. 2009-085 04/07/2009 JR Amended by Ordinance No. 2009-103 04/21/2009 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 1-35W AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND LIVELY; PROVIDING FOR A 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 apl~roval 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. SECTION IV That any person violating any prows~on of th~s ordinance shall, upon conviction, be fined a sum not excee&ng $2,000 00 Each day that a prows~on ofth~s ordinance is wolated shall constitute a separate and distinct offense SECTION ¥ That thxs or&nance shall become effecttve fourteen (14) days from the date or,ts passage, and the Cxty Secretary m hereby d~rected to cause the capuon of thxs ordinance to be pubhshed twice ~n the Denton Record-Chromele, a dmly newspaper pubhshed m the City of Denton, Texas, within ten (10) days of the date ofxts passage PASSED AND APPROVED thm the ~ ~'~/day of ~~a~a~,~, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY PAGE 2 PROJECT EXHIBIT A LOCATION & DESCRIPTION BEING a 2725 acre tract of land situated in the M Scurlock Sur- vey, Abstract No 1141, the F Garcla Survey, Abstract No 502, theJ.H P~ne Survey, Ab- stract No 1617, theJ McGowan Survey, Abstract No 798, the BBB&C RR Survey, Abstract No 197, the T&P R R Survey, Abstract No 1301 and the WL Dunning Survey, Abstract No 1568, Denton County, Texas, said tract of land being that same tract of land as described by Warranty Deed to Cai 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 descnbed 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 McCutchm Ltd as re- corded in Volume 2470, Pa~e 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 undethcated right-of-way), from which a bols d' arc fence comer post in con- crete in the north r,ght-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 hne 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 satd 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 mmutas 33 seconds West, 438156 feet along the easterly llne of satd 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 PROJEC~ LOCATION 947, Page 751 and Volume 474, Pa~ 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 hne of a 995 8 acre tract of land and the east line of said 218.07 acre tract of land deeded to Lotta Evers Cailahan and F.W Callahan a distance of 1708 41 feet, THENCE No~h 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 apoint in H hvely Road, THENCE North 89 degrees 47 minutes 37 seconds East (deed East) with the north hne of said 995 8 acre tract of land, the north line ofsaidJ 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 feetalong 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, & DESCRIPTION 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/McCutchm, Ltd tract of land as per Hillwood/ McCutchm, Ltd deed, adistance of 3074 89 feet, THENCE South 00 degrees 37 minutes 19 seconds East (deed No~i) with the west line of said Hdlwood/McCutchm, Ltd tract of land as per Hfllwood/ McCutchtn deed, a distance of 3300 00 feet to the POINT OF BEGINNING and containing 2725 acres of land, more or less O F C O N T E N T S INTRODUCTION PKOJBCT LOCATION & DESCRIPTION EXISTING CONDITIONS PROPOSED PD ZONING CONCEPT PLAN ADDITIONAL INFORMATION · SUBDIVISION OKDINANCB I~BQUiIKEMBNT$ · i~LIMINAII~f COVENANTS! CONDITIONS! AND RESTRICTIONS (CC~It'S) · PHASING PLAN Prepared for Denton C~ty Councd M~ etonh I uesda¥, August ~ 999 N T R 0 D U C T I 0 N ohe concept of the mmumty bloomed s as larger compo population in the began to experience longer periods of leisure retire- ment In addition, increased fi- nanmal security of retirees result mg 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 chmates ~n the sun belt states to reure Four sun belt states, Florida, Cah forma, Arizona and Texas doml nate senior ~n-mlgranon This steady m-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 pursmt of more sedentary hobbies Today, people entering their middle age years are more hkely to be found changing ca reers, jumping ~nto long-delayed physical fitness programs, relocat- ing to &stant regions of the coun try, and generally pursuing hfestyles that have virtually noth- Ing to do with archam notions of "advancing years" Prepared for Denton Cay Councd M{(tmg Fuesda¥ Au~nst t II 19 N T R 0 D U C T I 0 N With children old enough to be on their own, many of these "empty nesters" - finally enjoy- lng the combined windfalls of creased disposable income and the absence of parenting respon siblhties - waste little time in making the most of thmr new found freedoms Seeking a more "user friendly" environment - and drawn by milder climates, low-mmntenance housing, and lavish country club amenities - the maturing population of north ern states are increasingly lured southward by attractive master- planned resort communities ca- tenng 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 tn the United States Active adult communities have unique physical as well as func tlonal characteristics that differ from standard residential commu nines 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 talned 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 sm vices The unique character of Robson Ranch is the reason for request- lng 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 Prepared for Denton City Councd M~ ~ ting uesda¥ Au[9~st t lgl 9 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 Commumt~es", engaged primarily in the development, construction and marketing of golf resort "retirement communl 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 Com mumtles include Robson Com mumlaes, Inc, a management ser- vices entity, Sun Lakes Market- lng Limited Partnership, the de veloper of Sun Lakes, SaddleBrooke Development Company, the developer of SaddleBrooke Resort Commu- mty, 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 structlon Company, which pro- vide construction services to the retirement communities, and Plma Utility Company, SaddleBrooke Utility Company and Lago del Oro Watei Com pany, 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 10th largest homebullder in the Phoenix area The companies are managed and controlled by Ed wardJ Robson and members of his family Recent annual sales exceed 1,000 homes a year, with cumulative sales in its various commumtles exceeding 10,000 homes While many developers are only now discovering the trend toward master planned resort commum Prepared for Denton City Council Meeting 4 nesda~, Aul~ust ~ lOt 9 N T R O D U C T I O N ties for actxve adults, a few have been servicing th~s market for de cades, such as Robson Commu- reties And judging by the firm's success, Robson has been doing something r~ght During the pre- ceding twenty-slx years, while the economy moved through widely varying cycles, large population shifts occurred, and countless trendy hfestyles came and went (along w~th hordes of houstng developers), the customers for what Robson was offering, well, they just kept on coming Hav mg identified this roche market from the very beginning, Ed Robson began by finding out ex~ actly what hxs customer wanted He then not only created it, he went on to per- fect the product While tounng a Robson commu mty, there are few, ~f any, of life's most enjoyable activities that can't be indulged on-site Pro- spect~ve buyers encounter multi million dollar amenities that may include clubhouses that house cozy lounges, restaurants, hbrar les, 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 ~s still the biggest draw, and manicured, challeng mg courses are found interwoven throughout the grounds of every Robson commumty In short, adult focused commum ties, such as those by Robson Commumt~es, that combxne h~ghly aesthetic environments wxth world-class amemtles and quahty, low-maintenance homes, wdl be m ever ~ncreaslng demand as the population ages Robson Denton Development, L P now wants to develop an adult community ~n Denton, Texas The company has con- ducted considerable research and believe that ~n-m~gratlon and ~n state demand is more than suffi c~ent to support a Robson corn mumty Prepared for Denton C~ty Co~ncd Meeting Tuesday August 3 999 PROJECT LOCATION & DESCRIPTION We site Is located m tern quadrant near on of Crawford 5 W It is located and is bounded by Crawford Road on the south, Florence Road on the west and Lively Road on the north I Prepared for Denton C~ty Council Met ting 6 fi~l sday, Au~?st 3 99 F.M. 2499 LIVELY CRAWFORD ROAD I A~GYLE / I I / Site Access Map ROBSON' RANCH T~ N I ~ : . , P, ROCK SURVEY ROBSO~ (SUBJ~CI ~ROP~R~ 2725.0 ACRES) PROJECT LOCATION & DESCRIPTION LeOft[ Descrlptlon North 00 degrees 37 minutes 19 seconds West, a distance of 24 50 BEING a 2725 acre tract of land feet, situated in the M Scurlock Sur vey, Abstract No 1141, the THENCE North 00 degrees 37 F Garcia Survey, Abstract No minutes 19 seconds West, 45 00 502, theJH Paine Survey, Ab- right-of way line of Crawfoid stract No 1617, theJ McGowan Road, THE POINT OF BE- Survey, Abstract No 798, the GINNING, BBB&C R R Survey, Abstract No 197, the T&P RR Survey, THENCE North 89 degrees 51 Abstract No 1301 and the W L minutes 20 seconds West with the Dunning Survey, Abstract No northerly line of Crawford Road 1568, Denton County, Texas, said (a proposed 90 foot right-of-way), tract of land being that same tract a distance of 10,093 70 feet, of land as described by Warranty Deed to Cal Farley's Boys Ranch THENCE North 00 degrees 17 and Highland Park Presbyterian minutes 05 seconds West, 3675 70 Church as recorded in Volume feet with the east line of Crawford 2771, Page 967 at the Deed Road (a proposed 90 foot Records, Denton County, Texas, right of way), said tract of land being more par- tlcularly described by metes and THENCE South 89 degrees 25 bounds as follows minutes 27 seconds West, a dis tance of 2333 58 feet along the COMMENCING at a 1/2 inch north line of said Crawford Road iron rod found for the apparent (a proposed 90 foot wide southeast corner of said right of way) to the proposed M Scuflock Survey and for the easterly right-of-way line of Flo most southerly southwest corner rence Road, of a tract of land deeded to Hdlwood McCutchln Ltd as re- THENCE North 00 degrees 33 corded in Volume 2470, Page 678 minutes 33 seconds West, 4381 56 of said Deed Records, Denton feet along the easterly line of said County, Texas, smd 1/2 inch iron Florence Road (a proposed 90 rod being the southwest corner of foot wide right-of-way), the E Plzano Survey, Abstract No 904, Denton County, Texas, THENCE North 89 degrees 51 said 1/2 inch iron rod also being minutes 47 seconds East (deed in the approximate center of West) with the north line of a Crawford Road (an undedicated 218 07 acre tract of land and the right-of-way), from which a bols south line of a called 218 07 acre d' arc fence corner post in con- tract of land deeded to Lotta crete in the north right-of-way line Evers Callahan and F W of said Crawford Road bears Callahan as recorded in Volume Prepared for Denton Ctty Councd Meeting 7 Tueql ay, Au~mst 3 999 PROJECT LOCATION & DESCRIPTION THENCE North 89 degrees 48 947, Page 751 and Volume 474, minutes 51 seconds East, 1215 50 Page 637 of sa~d Deed Records, feet, Denton County, Texas, a distance of 5535 99 feet, THENCE South 00 degrees 29 minutes 08 seconds East (deed THENCE North 00 degrees 20 North) w~th the west lme of sa~d minutes 02 seconds West (deed Hlllwood/McCutchin, Ltd tract South 00 de~ees 30 mmutes East) of land as per Hdlwood/ w~th the west hne of a 995 8 acre McCutch~n, Ltd deed, a d~stance tract of land and the east hne of of 3074 89 feet, saxd 218 07 acre tract of land deeded to Lotta Evers Callahan THENCE South 00 degrees 37 and FW Callahan a d~stance of m~nutes 19 seconds East (deed 1708 41 feet, North) w~th the west hne of sa~d Hfllwood/McCutchm, Ltd tract THENCE North 00 degrees 21 of land as per Hdlwood/ minutes 15 seconds West (deed McCutch~n deed, a &stance of Sou~ 00 de~ees 30 m~nutes East) 3300 00 feet to the POINT OF w~th the east hne of East Ponder BEGINNING and contmmng Estates, a d~stance of 3434 29 feet 2725 acres of land, more or less m a point m H L~vely Road, THENCE North 89 degrees 47 minutes 37 seconds East (deed East) w~th the north hne of sa~d 995 8 acre tract of land, the north hne of sa~dJ McGowan Survey, and the north hne of sa~d J H Paine Survey, and along H L~vely Road a dmance of 3650 25 feet, THENCE North 89 degrees 54 m~nutes 37 seconds East, 205791 feet along sa~d H L~vely Road, THENCE South 00 degrees 07 m~nutes 10 seconds East, 3056 98 feet, THENCE South 00 degrees 07 minutes 42 seconds West, 3803 58 feet, Prepared for Denton Ctty Council Meetm§ Fuesday, Aub'ust 3 999 (E X I S T I N G C O N D I T I O N S af[e~'~ nderstandmg a ular l~ece of property and e for~s (natural & man- ct tt ts one of the steps in the plan- rang and destgn process A true knowledge of the property allows us to enhance extsttng opportu nttles as well as create awareness for the constratnts whmh need creattve mmgatton The process is twofold A thor ough on site VlStt and research of resource material allows a com- plete mventory of the natural and man made attributes of the prop- erty This step will h~ghhght ma jor development concerns early tn the process and promote qual lty destgn dectstons from the start The following pages describe in detatl our tnventory of the RCI property and the ~mpact each el- ement has on development Spe- cifically we have studied Jurlsdmtmnal Boundaries Stte Access Topography Drainage Wetlands/Floodplain W~nds Smls Site Vegetatton Utllmes Existing Site Structures Solar Onentatton Vlews/No~se I Prepared for Denton C~ty Councd Mc(ting 9 rutsda¥,Au[ast 3 999 D I T I 0 N S J~r~sb~ct~ona[ Bo.nbar~e~ 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 Prepar~ ti for Denton C~ty Counctl Meeting IO uesda¥, August 3 999 CITY LIMIT & SCHOOL DISTRICT EXHIBIT ROBSON RANCH DENTON, TEXAS 2~ L~98 ~~, E X I S T I N G C 0 N D I T I 0 N S Si/;8 The northern portion of the site is accessible from Wolfe P-oad and H Lively Road Traveling north on Wolfe Road then east on YM 2449 provides direct access to I- 35W The southern portion of the site is accessed from Crawford P, oad which also provides access to 1-35W Florence Road runs parallel to the western most prop erty line, offering further poten tim access on three sides of the property All roads adjacent to the site are currently d~rt, gravel, or chlpseal pavement Prepared for Denton C~ty Council Meeting II Fuesda¥ At,gnat 3 999 ( ST IN G C 0 N D IT I0 N S E X I The ndgehne of the site is at a higher elevatmn than the sur rounding properties This offers several vlewsheds for site amem ties such as clubhouses and sales centers The high points on the site to- gether with the ndgehne offer opportunities for stgmficant project elements such as recre atlonal campus areas and commu mty spaces Views are excellent and these areas are visible from much of the s~te Prepared for Denton Ctty Council Mt etmg 12. Fucsda¥, August t ))9 Transportation / Access ROBSON RANCH : ..... '~' -...;5' : ... , ... . .......... -...'.,.~, .--"- = ' ' ';' '5 ./si ...... , · .;...-~. "'" ~ ?~',--. ~ . ~ J : 760' 780' 780 E X I S T I N G C O N D I T I O N S Thele is a north south rtdgehne that divides the sate into two rna jor watersheds, one draining to the northeast, one to the south west Within each watershed are several distinct dralnageways 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 Lewasvflle, and the south- west surface drainage for the project drains to Lake Grapevane The five small stock ponds on the site were found in natural dram age corradors where earthen dams were constructed to retain water The existing draanage corridors wall be considered in the design of the land plan in order to pre- serve the intent of the surface draanage system, when feasible This can reduce storm sewer costs From an aesthetic stand- point, there is an opportunity to improve these corridors into an amenaty for the development The five stock ponds offer possi- bilities for amemtaes to the devel- opment if they are amproved and enlarged Moreover, they can serve as detention ponds if needed for the surface drainage system Prepared for Denton C~ty Councd M~ etmg Tuesday Aul~t~st 3, 999 ,E X I S T I N G C 0 N D I T I 0 N S No apparent wetlands exist on the Prevailing winds are from south- site Neither the stock ponds nor southwest Due to the relative the dry creekbeds had sigmficant elevation of the site and its open changes in soil type or plant ma- ness, breezes are fairly strong terml The only instances where This will be pleasant an the cen the lO0-year floodplmn ~s found tral Texas summer heat In the on the property is an the north winter, however, the prevailing ern and central portions of the winds will be from north-north- s~te west and should be buffered Typically structures are prohib- Strong southerly winds present ~ted in the two areas on the site opportunmes for channehng that are within the actual lO0-year cooling breezes across water bod- floodplatn These areas are bet ms and ~nto open spaces While ter suited for amemty uses such the lower areas will benefit less as golf course or greenbelt hnk than the higher elevatmns, areas age corridors Any floodplain along the south-southwestern boundary amendment wfll be re ndgehne may require wind- viewed with F E M A breaks to protect from especially strong southerly wands Wrater northerly winds necessitate cold- proofing measures to be taken m the arrangement and orientation of homes and community gath- ering spaces Windbreaks such as hedgerows and earthen berms can be used to channel winter wands away from these spaces Prepared for Denton C~ty Council Meeting Tuesday, August ,L 909 S te Ve qetat 0n The sate is generally treeless Plant materials present on the s~te, in order of abundance are · pasture grasses · culuvated grain fields · prickly pear cactus · scrub hackberry and post oak · scattered small mesquite Absence of large trees and under brush reduces initial s~te prepa- ration costs However, the lack of plant material on the site will necessitate the introduction of trees and shrubs to the emst~ng aesthetm qualmes of the site Prepared for Denton City Council M{ etlng Fuesda¥, Aul~t , 009 D I T I 0 N S There are two underground plpe- hnes crossing the s~te The gas line runs north south along the west s~de of the s~te and term~- nates at a gas well just ninth of the Robson property The petro- leum bne runs east~west through the m~ddle of the property Overhead power hnes enter the s~te to the south to serve the fa~ house There ~s a buried tele phone hne that follows th~s power hne On the no~hwest side of the s~te, overhead power hnes run parallel to the no~h property bne near the off/gas pump statmn There ~s also a commumcat~ons tower no~h of H L~vely Road The commumcat~on tower will be ws~ble from more than half of the s~te P~pehne easements must be considered when designing the land plan, as no structures can be placed w~thm them The hnear fo~ of these corndors offers po- rent,al opportumt~es for pedes~ than trail linkages Overhead lines can be moved as necessary to fit the plan of the development Consideration at that t~me m~gh~ be g~ven to placing them under ground to enhance project aes thetms Prepared for Denton City Councd Meeting I6 fi~sday August 3 999 ( C 0 N D I T I 0 N S E X I S T I N G ~o~son The ma~n structures on the s~te consists of two farmhouses, w~nd- malls, several barns and water storage tanks All of these struc tums are in a state of d~srepa~r from weather and a general lack of maintenance None of the structures emstmg on the s~te have enough architectural or aesthetic value to warrant their lnclusmn ~n the proposed devel opment Therefore at some t~me, they should be demolished and removed Two Enwronmental Site Assessment Reports have been prepared by Mamm Tech nolog~es, Inc, on December 31, 1998, and on January 14, 1998, whtch concluded there are no en- wronmental problems at th~s stage of study Testing will be re- qmred to determine the extent of soil contamination near the struc tures, spectfically the barns Prepared for Denton C~ty Council Meeting 17 Tuesday Au~i~st3, 999 __EXISTING C0 I 0 N D T I N S So[dr Orleklttll;t0kl Due to sparse vegetation, the en t~re s~te 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 atlon ~n designing the land plan Houses will be generally oriented in a north south direction to c~e ate the best solar orientation The use of plant materials and shade structures on the east and west s~des of structures can reduce cooling costs tn the summer months The use of deciduous trees will allow sunhght to the structures during the winter months, decreasing heating costs Prepared for Denton City Council M(~ ting I8 Fuesda¥ Au~mst 3 ~ ~ E X I S T I N G C 0 N D I T I 0 N S Views / N0~e North-northeast Umvers~ty 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 is pamcu- larly unfavorable The off/gas pump station to the west of the property may produce nmse from construction activity and/or pumping Texas Motor Speedway is visible on the hon zon south of the site Interstate a,SW is one mile east of the site Prevading winds will tend to carry the sound from the south in 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- xng, rather with plant matermls or with structural elements (such as walls), wdl serve as a barrier to undesired weTs from adjacent land uses and will reduce the ~m pact of undesired sounds from the od/gas pump station, Interstate 35W and the speedway There are no power transmission wires on th~s property which im- pact views Prepared for Denton City Counctl Meettng i9 luesda},, Aubmst 3, 999 Resibemia[ ~/*'~ DrJT-Cree~ Drab,a~le O' } vi~,,,~ Hm~ter's Ranc~ ~" .... too Year F~oo~ Ihm ExistinB Resi&l~t.id : . CRA WFORI) ROAD , ,, ?) , ~ /' p, .' ' - C .' z; ', / SUMMER WinOs Site A~a[~sis Summar~ ROBSON RANCH D e. t o ~/ T e ~ a 8 ~ Carter- Burgess 1~ P R O P O S E D P D Z O N I N G Th~s sections contmns the following categortes Development eOu[at ons PROPOSED L ~.ND UbE CATECORI] h DENblTY ~rQUIRF MEN1S DEVELOPMENT S2ANDA~b Zoning Ordinance Reqmrements Landscape Ordinance Requirements Parks and Open Space Requirements I Prepared for Denton C~ty Councd Meeting 2.0 Tut sda¥ Au~ast 3 999 ~ P R O P O S E D P D Z O N I N G The purpose for this Planned 1 Provide for the health, safety Development Dtstr~ct ~s to blend and welfare of the residents the goals of the C~ty of Denton of Robson Ranch and the cm and Robson Denton Develop- zens of Denton County by ment, L P ~nto the standards that tmplement~ng orderly and create the h~ghest quahty and efficient growth patterns most successful active adult com- mumty m the regton 2 Accommodate the growing market demand for adult The intent ~s to develop thts communmeswhfleprov~&ng project w~th~n the Denton for a variety of affordable Planned Development Dtstrtct housing wtth opportunmes Ordinance that vanes from the for the creation of a d~verst estabhshed regulations of other fled community that contnb zomng &stncts Th~s zoning will utes posit~vely to the quabty provide the opportumty for cre- of hfe ~n Denton County a2ve planmng and the flembfl~ty to respond to changing market 3 Prowde forcompat~ble future conditions throughout the devel- development to insure a co- opment process Th~s zomng will hes~ve commumty that ~s bal- pe~t the security, private facile- anced ~n te~s of land use, ~n- ties and extensive ~emties that frastructure, pubhc services, are necessary for the success of transportation, recreation and an active adult community costs In other words, no de velopment would occur wlth~ This Planned Development D~s out the means to support that tnct is created to meeting the fol growth in a safe, economical, lowing goals set forth by Robson healthy and equitable manor Denton Development, L P Go~ 1 To enhance the community through integrated phasing and expansion to promote a self-contmned and self-suffi c~ent character Pohcy la Estabhsh land use restrictions and ~ldehnes to hmlt I~CUFSIO~ of ~on com- patible uses utilizing quahty Prepart d for Denton City Council Mt i ting lut sda¥, Au~q~st 9q9 iP R 0 P 0 S E D P D Z 0 N I N G design elements that will en Policy 3a. Provide guide dure market changes lines for landscaping and ar chltectural character, consid Pohcy lb Control and re erlngscreemngofpermanent strict the creation of undeslr storage and maintenance able in fill areas within the eas and carry the community to allow a logical development's theme development progression through each design element Goal2 Policy3b Minimize ~m- Control and guide commu pacts of the development on mty design and aesthetics of mewsheds with architectural all residential and commer design guidelines which ad- cial development within the dresses building heights, planning sub-areas that is in rooflines, placement of cool- harmony with the physical lng units, building materials, environment and the regional textures and colors character Pohcy 3c Plovide for com Pohcy 2a. Achieve a i ange mumty services and commer- of residential densities and clal shopping needs speclfi- housing types that reflect cally focused on the activities modern development prac and routines of the commu tlces, safe and efficient design, mty residents affordablhty, buyers choice and compatiblhty within the C C~X~UN~ community Goal 1 Policy 2b' Mammlze the use Position the community as a of open space, golf course and top destination for the active collector roadways to sepa adult, locating the facilities to rate different housing types serve as a focal point within that may be less compatible community setting the stan dard for active adult commu Goal 3. nltles in Texas Guide and control commu mty design and aesthetics of Policy la Develop centrally all residential and commer located clubhouse facilities to clat development within the act as community gathering planning sub areas consider centers and golf course opera mg sensitivity to existing tion locations to serve the physical and environmental needs of the residents socially characteristics of the land and recreationally Prepared for Denton Cay Council M~ ~ ttng Fucsda¥, Auflnst t Oi9 Goal 2 Pohcy 3a Utilize the plant Coordinate the timing and list from the City of Denton phasing of the planning sub- and other drought-tolerant areas to insure adequate pro plants for landscaping m golf vision of public services and courses, open spaces and col- facddaes for new populations lectlon roadway landscaping This includes, but is not hm lied to sanitary sewers, waste- Pohcy 3b Runoff detention water treatment facilities, do- facilities to be provided ad- mestlc water supply, power, jacent to and in washes and telephone, and gas, flood con golf courses to minimize trol, solid waste management, velopment impacts to down- cable TV, police, fire protec stream flows tlon and emergency health services Pohcy 3c On-site grading and drainage design will Policy 2a and 2b' Water and emphasize the detaining sewer services wd[ be pro stormwater on golf courses vided by the City of Denton for metering flow from the in accordance with a separate site agreement between the De veloper and the City The I) ]R\l~-~G (~Ii~.t~t ~1 terms of the agreement are currently under negotiation Goal 1 Establish a comprehensive Policy 2c: Effluent disposal and long range c,rculation from the Wastewater Treat system within the commu merit Plant may be utilized for mty golf course and open space ,r rigation Pohcy la Set design guide- lines for collector roadways Policy 2d: Golf courses will and local streets that empha- be used for detention and size safety, convenience and storm water runoff from site efficiency for both residents development to mitigate and visitors downstream and offslte drmn age and flood control lm Goal2 pacts Present a quality image and sense of community to resi- Goal 3 dents and visitors A water conservation pro gram to be implemented in Policy 2a. Provide a quality the development phasing of visual experience along road- Robson Ranch IPrepared for Denton City Council Meeting fucsda¥, Auhmst 3, 999 P R0 P0 SED P D Z0 N ING ways by creating breaks in de velopment providing wews into golf course corridors, drainage open spaces, path way systems, etc Goal 1 Develop a coor dmated open space system to serve the full spectrum of rec reat~onal needs of the resi dents and guests of the com- mumty Pohcy la Provide for both active and passive recre- ational facilities to serve the enttre population of the com- mumty Policy lb Design a pedes- man friendly commumty that integrates ~dent~fiable neigh- borhoods and commumty fa- cdittes w~th transportation corrMors and open space fa- cdtt~es Pohcy lc Provide an inte- grated system of amemt~es and open space that will en- hance the image and ~den- tity of the commumty and re spects the physical and envi- ronmental characteristics of the land Prepart d for Denton C~ty Council Mt ~ t~ng 94 uesda~', Aubqlst 3 qOq ~~1~ P R O P O S E D P D Z O N I N G :Robson ¢or,~u~a~ Robson Ranch will be an active 1 The business, property and adult community operated by a affatrs of the Association shall Homeowners Association be managed, controlled and (H O A ) and controlled by conducted by a Board of Dl CC&R's The preliminary rectms CC&R's are submitted concur- rent wlththis P D submittal The 2 The Board shall have the community structure will be op- powers and duties necessary crated by the Developer through for the administration of the the H O A The Developer re affairs of the Association serves the right to transfer own- ershlp of assets such as without 3 The Board's responsibilities hm~tation golf courses, pro-shops, shall be to carry out the ob maintenance yards and open jectlves of the Association space, but any assets not trans- which include, but shall not ferred to the H O A wtll be re- be limited to, the following tatned by the Developer or con- veyed to one or more third par- a) administerlng, lnclu&ngpro- ties Any asset intended to be viding administrative support retaxned by the Developer or sold required for the Architectural to a third party will be maintained Committee, by the owner of the asset, and as- sets conveyed or intended to be b) preparing and admtmstenng conveyed to the H O A will be an operational budget that mamtalned by the H O A All provides for the protection, single family homes will be mem- administration and operation bers of the H O A of the Common Areas, the improvements thereon and the property of the Associa- Uon, for the performance of all of the Assomatton's re- sponsibdmes hereunder and under the Association's Ar ttcles & 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 disbmsing Prepar~ d for Denton C~ty Councd Mt ¢ ting Tuesday, Au~[ast ~ 0O0 ~ ~ P R 0 P 0 S E D P D Z 0 N I N G ~obso. ¢ora~numt~s funds recexved for the benefit sh,p gmdehnes for the H O A of the Assoctatton and ~ts Members, 5 The H O A wdl estabbsh an Archttectural Control Com e) ma~ntatmng records and m~ttee for books, and perfonmng other necessary accounttng func · Review and approval of t~ons, landscape plans f) promulgating and enforcing · Remew and approval of ad of the Association's Rules, d~tmns and alterations to the exterior of emmng homes g) ma~ntmmng the Common Areas, and In add~tmn to bmng members of the Master H O A, attached h) all other duties tmposed upon single family housing may be re- the Board pursuant to the qmred to be members of a Sub- CC&R's, the Bylaws, the Ar- Assocmtton ~n charge of yard t~cles and the Association's mmntenanceandvanous compo- Rules nents of the bmld~ng exteriors 4 The CC&R's wtll estabhsh voting rights and member- Prepared for Denton Caty Council Meeung 26 Tueqda/,Au~mst 3, 999 ~.~~~ P R 0 P 0 S E D P D Z 0 N ! N G .,Rot, so. ¢ora~u.mes Deve[opmen[ SmEN naL USES - The SFL (Single F~fly Luxury), PRO~O%DLaNDU't C~l}(at~ll, SFP (Single Famdy Premiere), and SFC (S~ngle Family Cassia) This commumty~s enwsmned to categories permit the following be a "m~xed use" residential de land uses velopment that allows a variety of land uses that support the pn Single Family Dwelhng - De mched mardy res~dentml and recre Commumty UmtDevelopment at~onal land uses The develop Church or Rectory ment of these land uses will re- Occasmnal Sales spond to current and future mar- Parks, Recreation, and Open ket demands and ensure eom- Space uses pat~Mhty of land uses through cre- Accessory Buildings atxve planmng Th~s Planned ElecmcalSubsmUon Development Dlstrmt will allow ElecmcalTransm~ssmn Famh~es Fmld or Cons~uc~on Office the following land use categories Fire S~taon or ~bhc S~ety Fa cfl~ty SFL - Single Fmfly Luxury Gas Transm~mon Line SFP - S~ngle Fmfly Premiere Home OccupaUon SFC - Single Fmdy C~tta OffS~eet Remote Parhng S~ - Single Fmfly Villa Mmrowave Tower MF2 - MuM Famdy Two Sw~mmmg Pool NS - Nmghborhood Serwce Telephone Sw~tcMng or Relay CS - Commumty Serwce Sm~onor L~nes OR - OutdoorRecreat~on WamrWe~,Resetvmr, or~mp P - Parking ~ng Smuon Golf Course Stables located no closer ~an 200 feet from ~e nearest res~ PL~I I I I,D [Jbb~ denUal s~cmre Sw~m or Tenms Club It ~s ~ntended that this Planned Tempor~ Uses Relamd to Con Development Dtstrmt shall per- s~cUon or Development m~t ~e following uses for each Sewage ~mptng Smuons l~d use catego~ identified tn this Wa~r Boosmr S~uons document Farm and Ranch, for ~e put pose of rinsing ~am, horses ~& or cattle Prepared for Denton C*ty Councd Meettng 2.7 uesda¥ August3 999 ~ PR0P0SED PD Z0NING The SFV (S~ngle Famdy Vdla) The MF2 (Mult~ Famdy Two) cat category permits the followtng egory permtts the following land land uses uses Two Family Dwelhng - At Multiple Famdy Dwelhng or tached Apartment Commumty Unit Development Two Famdy Dwelling - At Church or Rectory tached Occasional Sales Commumty Center Parks, Recreation, and Open Institutions of Rehgtous or Phil Space uses anthrop~c Nature Accessory Bmldmgs Nursing Home, Restdents Electrical Substation Home, Extended Care for the Electrical Transmission Facihtms Aged F~eld or ConstrucUon Office Library F~re Stauon or Pubhc Safety Fa Community Center cflity Sewage Pumping Station Gas Transm~ssmn L~ne Commercial Parl~ng Home OccupaUon Community Umt Development Off Street Remote Parkang Church or Rectory Mmrowave Tower Occastonal Sales SwtmmmgPool Parks, Recreation, and Open Telephone Sw~tch:ng or Relay Space Uses Statson or Lines Accessory Buildings Water Well, Reservoir, or Pump Electrical SubstaUon mg StaUon Electrical Transmission Facihues Golf Course F~eld or ConstrucUon Office Sw~m or Tennis Club Fare Statson or Pubhc Safety Fa Temporary Uses Related to Con cthty structaon or Development Gas Transmission Line Sewage Pumptng Stations Home Occupation Water Booster Stations Off Street Remote Parhng Farm and Ranch, for the put Microwave Tower pose of rinsing gram, horses and/ Swimming Pool or cattle Telephone Switching or Relay Stables located no closer than StaUon or Ltnes 200-feet from the nearest resi Water Wefi, Reservoir, or Pump dent~al structure ~ng Station Golf Course Swim or Tennis Club Temporary Uses Related to Con struction or Development Hotel Farm and Ranch, for the pur pose of r~usmg gram, horses and/ or cattle Stables located no closer than 200 feet from the nearest resi dentzal structure Prepared for Denton Cay Council Meeeng Fuesda¥ Au~l~ust 3, 999 The NS (Neighborhood Service) category permits the following land uses Community Unit Development Country Club Art Gallery or Museum Golf Course Church or Rectory Swim or Tennis club Private School Auto Laundry Community Center Gasoline Service Station Emergency Medical Care Parking Lot Institutions of Religious or Phil Anuque Shop anthropm Nature Bakery Nursing Home, Residents Cafeteria Home, Extended Care for the Cleamngand Pressing Shop and Aged Laundry Library custom Personal Service Occasional Sales Drapery, Needlework or Wear Recreation, Park Facility or lng Shop Open Space Florist Accessory Building Handicraft Shop Community Center Professional and Administrative Electrical SubstaUon and Trans Offices mission Line On Premises and Off-Premises Field or Constructaon Office Sale of Beer, Wine and/or Alco Fire Stataon or Similar Public hol SubJect to State of Texas Al Safety Building cohol and Beverage Commls Gas Transmission Line or Me sion tenng Station Restaurant Home Occupation Retail Stores and Shops Off Street Remote Parking Studio for Photographer, Musl Racho, Television, orMmrowave clan, Artisans, Health Profes Tower smnals Sewage Pumping Statson Prmtang Shop Swimming Pool Temporary Uses Telephone Business Office Parking Lot Telephone Line and Exchange, Real Estate Office Switching or Relay Static Farm and Ranch, for the put Water Reservoir, Water Pump pose ofrtusmg gram, horses and/ mg Station or Well or cattle Water Treatment Plant Stables located no closer than 200 feet from the nearest res~ dentlal structure I Preparcd for Denton City Council Mcctmg 29 uesda}, Auh'ust 3 999 () D P D Z 0 N I N G P R 0 P 0 S E The CS (Commumty Service) The OR (Outdoor Recreation) category permits the following category permits the following land uses land uses Commumty Unit Development Community Umt Development Art Gallery or Museum Occasional Sales Church or Rectory Parks, Recreation, and Open Private School Space Uses Booce Ball, Horse Commumty Center shoes, Shuffleboard, Volleyball, Emergency Medmal Care etc InsUtutmns of Religious or Phil Accessory Bmld~ngs anthropm Nature Maintenance Facihtles with Nursing Home, Residents GasohneServme Home, Extended Care for the Electrtcal Substatton Aged Electrtcal Transmission Facdmes Library Field or ConstrucUon Office Occasional Sales Gas Transm~ssion Line or Me Recreatmn, Park Facthty or tering Station Open Space Off street Remote Parking Accessory Budding Microwave Tower Commumty Center Swtmm~ng Pool Electrical SubstaUon and Tram Telephone Swttch~ng or Relay mission Line Station or L~nes Field or ConstrucUon Office Sewage Pumping Stataon Fire Stataon or Samdar Pubhc Water Reservmr, Water Pump Safety Building lng Stauon or Well Gas Transm~ssion L, ne or Me Country Club tering StaUon Golf Course Home OccupaUon Sw~m or Tennis Club Off-Street Remote Parlung Parking Lot Racho, Television, or Macrowave Bakery, Cafeterm, or Restaurant Tower Florist Sewage Pumptng Stauon Hanthcraft Shop Sewage Treatment Plant Adm~mstrattve Offices Swimming Pool Health Faclbt~es Telephone Line, Exchange, On Premises and Off Prem~ses Sw~tchang or Relay Stauon Sale of Beer, Wine and/or Alco Water Reservoir, Water Pump hol mg Stauon or Well Retail Stores or Shops Water Treatment Plant Studtos for Artisans Country Club Temporary Uses Farm and Ranch, for the pur Farm and Ranch, for the pur pose of rinsing gram, horses and/ pose of rinsing grmn, horses and/ or cattle or cattle Stables located no closer than Stables located no closer than 200-feet from the nearest res~ 200 feet from the nearest rest denUal structure dentaal structure Prepared for Denton City Councd Me(t~nb Tuesday Aul~st 3, 999 ($P R0P0 SED P D Z 0 N I N G The P (Parking) category permits the following land uses RV Parking Parking Lot Fteld or Construction Office Accessory Buddings Electrical Substatton and Trans mission FacthUes Gas Transmission Line or Me tenng Statson Off Street Remote Parking Microwave, Television, or Radio Tower Telephone Switching or Relay Statmn or Lines Sewage Pumping Statton Water Reservoir, Water Pump lng Stanon or Well Temporary Uses Farm and Ranch, for the pur pose of raising gram, horses and/ or cattle Stables located no closer than 200-feet from the nearest rest dentrol structure Pr( pared for Denton C~ty Council M( ~ tmb Im sda¥, Au[a~st 3, 1900 ~~, P R O P O S E D P D Z O N I N G Thts Planned Development Dls- trtct is composed of primarily restdent~al uses The success of this project depends on the flex lbdlty to blend product sizes within the same parcels and to move densmes throughout the ket changes Th~s Planned De- velopment Dtstrtct wdl not Iden- tify specific product s~zes or den- sines ~n specific parcels until the detailed plan submittal stage The concept plan Is the grade for the overall project density which is Identified as follows Maximum Gross Residential Density - 2 75 du/ac Total Number of Residential Umts -7,500 This Planned Development Dts- trlct permits density transfers within the boundaries of this project and future acqmred tracts, so long as the maximum gross density is not exceeded The to- tal number of units Includes all resMentlal land use categories Mentlfied in this Planned Devel- opment District- SFL, SFP, SFC, SFV, and MF2 The development standards on the following pages provide the necessary changes to the current City of Denton ordinances that allow tMs project to be success fully developed and become the asset to the commumty that is enwsloned The unique param eters and inherent character of an active adult community is re flected in these development stan- t~red for Denton City Council Meeting luesda~, Au~ast ~ 19t 9 The following proposed standards relate to the City of Denton Zoning Ordinance ZONING OILDINANCE REQUIREMENTS The followtng standards will apply to the five categories of residential uses for the Robson Ranch Planned Development District Article III Area, Height and Use Regulations Residential Standards See the next section to amplify the information in this table IPrcpar{ d for Denton City Councd M~t ttng rul~da¥ August ~ 999 (P R0P0SED P D Z 0 N I N G The following standards will apply to the four categories of non residential land uses m the Robson Ranch Planned Development District Non-Resutentml Standards Land Use Categories NS CS OR P Neighborhood Services Commumty ~crwccs Outdoor RecreaHon Parking Maximum Height 60 2 Va Stories 60 2 ~A Stones 60 2 V2 ~,tonc~ Bldg Coverage 2 1 FAR Mln Front Yard 20 20 20 2(I Mln Side Yard Mln Rear Yard Parking I sp/250 S 1~ 1 sp/500 q 1 * * Masonry Reqmts * Golf carts will be used by a majority of residents, (typically 80% of residents), consequently, parking reqmrements ~dent~fied ~n Section 35-301 shall be substantially less and will not be more dense than 1 space per 250 S F of combined golf/club facdmes See the next section to amplify the information in this table Prepared for D~ nttm City Council Mt etmg Tuesday Au~lst 3, 1909 P R O P O S E D P D Z O N I N G ~j ~,t~ Zonmg Ordinance Requirements 3) Paved parking will be plo- DIVISION 2. USE REGULATIONS reded at a ratio of 1 space per 250 S F of floor area because Section 35 66 Special Area and of the number of golf carts Use RegulaUons used for transportation a) canopies, balconies, fire 5) The licensed private clubs in places, bay windows, air con& this project will be adjacent tloners, eaves and minor architec- to residential areas and may rural features may intrude in the operate with no distance re area between buildings Build stnctlons lngs may be located 10' apart and have window, light or air open 6) No fences will be required be lngs tween the licensed private clubs in this project and adja Section 35-76 Definitions and cent residential properties Explanations "On-Premues sale of beer and/ All roadways within the bound or wine" aries of this project will be classl b) Sales and consumption of al fled as private and the Developer cobol may occur within the and/or Homeowners Association designated sales areas, such as will be responsible for all main clubhouses, lounges, restau- tenance issues There will be two rants, golf courses, patios, etc classes of private roads, Major Subject to the approval of the and Minor Spine Road, which Texas Alcohol and Beverage will be referred to as Collector Commission Roads and the remaining roads will be classified as Local/Resi- c) Paved parking will be pro- dential Florence, Crawford and vided at a ratio of 1 space per 250 S F of floor area because Lively Roads are classified as of the number of golf carts public collector roads, as recom- mended by the City of Denton used for transportation All public streets will be designed and constructed under the appro- e) The sale of beer, wine, or al- pnate governmental standards cohohc beverages may occur and regulations The only Arte adjacent to residential areas hal road is FM 4~2449 in this area with no distance restrictions "Licensed Private Club' f) No fences will be required be 2) Sales and consumption of al- tween areas of alcohol sales cobol may occur outside and and residential properties away from the clubhouses and community activity "Sale of Beer or Wine m buildings (subject to approval Restaurants" of TABC) If a restaurant, private club, or Prepared for Oenton Cay Councd Mcettng Tuesday, Aul~ust q 009  '/~~~ P R O P O S E D P D Z O N I N G ~ ~ Zoning Ordmance Requirements ~.~b~on Com~nunm~ temporary sales facility is located any and all hazardous material within or adjacent to a residen- storage, which will require a per rial area, there shall be no dis- mit for each and every location tance, fencing or sales restrmtaons for any and all installations (above ground storage tanks) Section 35-91 Area Regulatsons (f)(2)g Front yard setbacks will AKTIGLE IV PDt PLANNED be twenty (20) feet from the back DEVELOPMENT DISTKIGTS of curb (or back edge of sidewalk, DIVISION z whichever ~s greater) to the face of the front entry garage, and SIGNAGE fourteen (14) feet setback from the back of curb (or back edge of side- Section 35 154 1 walk, whichever is greater) to the The following slgnage plan fllus- livlngportion of the dwelling If trates the general location and a garage has a side entrance, then conceptual images for slgnage for the minimum setback from back this project Changes will occur, of curb will be fomteen (14) feet and revisions will be submitted with the detailed plan submittals Section 35 93 Accessory Build A detailed slgnage plan for this tng~ project will be submitted with each "Detailed Plan" submittal (3)(b) Air conditioners, fireplaces, bay windows, balconies, and DETAILED PLAN other projecting features may project into the side yard setback Section 35-158 M~nor Amend area ments to a Detailed Plan Upon request of the applicant, the executive director of planning DIVISION 6 TEMPOKAI:t,Y USES and development, or his designee, may authorize amendments to a Sectson 35 132 General Prov~ detailed plan so long as such mi sions nor amendments do not change the land use or substantially A one-time permit will be issued change the character, develop for the duration of the project to ment standards or design of the allow for both constructlon facfli- development as shown on the Detailed Plan For purposes of ties temporary offices, and con- this provision, a "substantial structlon material storage areas This permit will allow for the pe- change" shall mean a change nodm relocation of these tempo- which will increase the number rary uses, as needed, except for of proposed dwelling units more I Prepared for Denton C.y Conncd MC ~ ting 36 m sda¥, August ~ 990 LEGEND  MAIN ENTRY SIGNAGE SECONDARY ENIRY SIGNAGE CLUBHOUSE ENTRY SIGNAGE MODEL HOME PARK ENTRY SIGNAGE Master Signage Plan o ~oo ~ .,oo ROBSON RANCH GRAPHIC ~ IN Fiz~'f F~RIix/ICT~R P--.~AP ~NTff--.¥ iVI~NUIM~NT C,~2N©f~FT A FSRIMSTSR R~2AP ~NTff-.¥ ~NLIMf. NT O~2NOSffT 5 These Materials And The Features And Amenities Depicted In These Renderings Are Based Upon Current Development Main Entry Signage Concepts Plans Which Are Subject To Change Or Adjusted Without Notice At The Developer's Sole Discretion. ROBSON RANCH PlF-~G?I~NAL. ig pt These Materials And The Features And Amenities Depicted Directional S nage Conce s Plans WhiehAreSubjectToChangeOrAdjustedWithout In These Renderings Are Based Upon Current Development No'ace At The Developer's Sole Discretion. ROBSON RANCH VIL~bASS SNTRY ¢ OL4JSH~2OSS fiNTRY M~NUIMf~N? Q2NOf~fT A / VII..!..AQf.. SNI'RY ¢ OL.55H~21JSS },*e These Materials And The Features And Amenities Depicted Community Entry Signage Concepts ln These Rendenngs Are Based Upon Current Development Plans Which Are Subject To Change Or Adjusted Without Notice At The Developer's Sole Discretion. ROBSON RANCH ) P O S E D P D ZO N ING P R O ~ ~ Zoning Ordmance Reqmrements ~bso,~ ¢o~a,.a.a~es than a 5% increase from the ap- PAKKING LOT AND SPa-GE proved plan, increase the floor- KEQUIREMENTS to-area ratio, size of structure. height, lot coverage or number of Section 35-301 Vehicle Parking stories or buildings so as to be out Regulations of compliance of the require ments of this PD Ordinance, re- 18) One space for every 250 sq duce lot, yard, or space size, de- ft of floor area, due to the hum- crease the amount ofreqmred off- bet of golf carts used for trans street parking spaces as approved portation by this PD Zoning, change types of buildings, setbacks, street ac- (e)(4)d There is no maximum cess points if it contradicts the proximity requirement between traffic report, or lots unless it is a the building and the parking density change within the De- spaces due to the campus style of tailed Plan area, or increase den development in this project slty to no more than 5% of the detail approved on the original Section 35-328 Nmse and Odor Detailed Plan, change traffic pat terns if the change is tn conflict The following odor emitting land with the traffic report or alter ha- uses are permitted in this P D sic relationship of the proposed any uses that relate to water and development to adjacent proper- sewer treatment and associated ties pumping and p~plng facilities Th~s will apply to Section 35 176, as well Prepared for Denton City Council Meeting Tuesday, August 3, 1999 ( P R O P O S E D P D Z O N I N G ~ ~I~ Landscape Ordinance Requirements :Rd, son Commutators The City of Denton ordinance 2) Land Requirements number 98 100 defines the level of mandatory landscape improve a) Planting Area Due to the ex- merits andpreservatlon Robson tenslve amount ofgolfcourse and Communities mandates a certain open space on this project which level of landscape enhancements amounts to 23 6% of the gross to ensure the success of their area, the 20% requirement is sat projects Robson Ranch will re lsfied spond to the ordinance in the fol lowing manner for this project AKTIGLE III LANDSCAPE KEQUIKEMENTS ARTICLE I GENEI~AL Section 31-7 Specific I an~dscape Section 31 4 Apphcabfllty Area Requirements 1) An aerial photograph will be 1) Parking Lot Screening and provided to illustrate the low level Landscaping Robson Ranch will of erasting tree cover This site adhere to the Perimeter Screen has minimal existing trees, so a mg section as it reads "visible tree inventory is not applicable &om the public rl_~ht of way" and Landscape plans will not be re- within five hundred (500) feet of qmred prior to clearing and grad public right-of way as long as this lng, due to the lack of tree cover screening does not deter from the on this site visibility of the buildings within the complex which is part of said parking lot Interpretation of this ARTIGLE II TREE AND LAND section will be decided during PIt, OVI$ION$ Detailed Plan review Section 31 6 General Provisions 2) Outdoor Storage Screening Robson Ranch will comply I) 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 1/2 ' caliper Prepare d for Denton City Councd Meeting Tuesday, Au~st t 999 ( PROPOSED P D ZONINC ~ ~I~ Landscape Ordinance Reqmrements AKTIGLE IV II and to demonstrate the project ADMINISTKATIVE I~EVIEW theme to be camed throughout AND PERMITTING the project The conceptual land- scape plan shall be utilized to The interior roadways and out meet the requirements of the de- door recreation areas are all pn tailed landscape plan vate, consequently the following plan submissions pertain only to c) Irrigation Plan "Typical" ir the private sectors of this entire ngation notes shall be added to project the conceptual landscape plan to indicate that irrigation complies Section 31-9 Administration, with the criteria set forth in Sec Review and Permuting tlon 31 8(2) 1) Plan Submissions d) Review and Approval of the Landscape and Irrigation Plans a) Tree Inventory Plan - An aerial Areas within private right-of ways photograph will be submitted to will be consistent with the con- illustrate the existing low level of ceptual landscape plan submitted tree cover Tree inventory plans will not be required for this e) Plot Plan - Landscape plans project will be required in conjunction with the plot plan for all non-resl- b) Landscape Plan - A concep dential development within 500 tual landscape plan for the areas feet of public right-of ways in private right-of-way will be submitted to demonstrate sub Sec 31 10, 31-11, 31q2, 31 13, stantlal compliance with Article and 31-14 will not apply to this project except for public rights of-way within the City of Denton City Limits Prepared l'or Denton City Councd Meeting Tuesday, Au~mst ~ 999 (~~ P R O P O S E D P D Z O N I N G Parks and Open Space Reqmrements :~obson C~raualtlcs Robson will comply with the Parks and Open Space Require ments and ~s cunently finalizing an Agreement with the Parks DI- rector regarding credits to be gew erated from contribution of land and services The floodplain areas on this project are privately maintained and will not be dedicated to the City of Denton Prepared for Denton City Council Meeting 40 Fuesda}~, Au~uqt 3 009 C O N C E P T P L A N ie General Concept nt w~th the Denton elopment Dtstnct e concept plan for ~dent~fies the land use types, approximate thorough fare locations, project boundaries and illustrates the ~ntegrat~on of these elements ~nto a master plan for the entire 2,725-acre d~strmt A descnptmn of each land use fol lows There are five categories of rest- denual uses whmh include SFL- Single Famdy Luxury SFP - S~ngle Family Premtere SFC -Stngle Famdy Cas~ta SFV - S~ngle Famdy Vdla MF2 - Mult~ Family Two The restdenttal uses will be blended ~nto neighborhood areas which are cohesive and create a sense of commumty These nmghborhoods will prowde a va nety of housing opportumttes whmh are tntegrated w~th the golf and open space amemt~es These amemUes meander throughout the natural dnunageways whmh hnk the neighborhoods together These neighborhoods will be well planned w~th~n the ~ntent of the Denton Zomng Ordtnance to cre ate clusters of housing, thereby allowing appreciable amounts of land for golf courses and open spaces Thts also allows for Mgher densmes than conven- tmnal stngle family projects of the same acreage Prepared for Denton City Coum fl Mt ctmg 4I uesda~, Au[ust I 9)9 (__ PT PLAN C 0 N C E There are two multi family tracts Commrt~alt~ Se¥'ulces Uses located adjacent to Crawford {CS) Road and near the two entries to Robson Ranch Robson Ranch will accommodate The residential areas will be de- a variety of community service uses that are listed in this submit- veloped to reflect an overall gross density cap of 2 75 du/acre and/ tal Various utility uses and sup or a maximum number of resl port facilities such as churches and water treatment facilities are dentlal units of 7,500 units included in this category Specific lot arrangements, lot ing, street patterns, and locations Orttboor ~ecreatlon Uses of facilities are not identified in this concept plan and will be de (OPt} tailed in future submittals as de velopment plans and detailed Robson Ranch has three 18 hole plans, according to Article IV, golf courses proposed which in Sec 35-151 District Plans cludes three clubhouse areas with extensive community and recre- ation facilities Existing NelO bor oob Service Uses drainageways are being lncorpo- (NS1 rated into a community open space system The neighborhood service areas are located on Crawford Road Golf Cart Paths and jogbnng and near the main entry and on Lively walking trails will link the van- Road at the northern entrance to ous neighborhoods with the Robson Ranch The purpose for project amenities these service areas are to serve the These amenmes and recreation neighborhoods and residents with shopping and to provide small areas, as well as maintenance and support facilities for the recre employment centers The per ation uses, are included In this mitred uses for these areas are identified in this Planned Deveb land use category opment District submittal Prepared for Denton City Councd Met ting 42. Tuesda¥,Au[{ust ~ 900 LAND USE CA.TEGORIF. S LrVELY ROAD R - RESIDENTIAL 1,926.1 Ac. NS - NEIGI-IBORHOOD SERVICES 37.1 Ac. ';i''~ g OR- OLrrDOOR RECREATION 662.0 Ac, CS - COMMUNITY SERVICE 14.1 Ac. P - PARKING 8.1 Ac. STREETS & R.O.W. 87.6 Ac. TOTAL ACRES - 2,725.0 Ac. R CRAWFORD ROAD Conceptual Master Plan ROBSON RANCH CONCEPTUAL PEDESTRIAN CIRCULATION PLAN The Pedestrian Circulation Sys tem for Robson Ranch is dlus trated in the folding conceptual plan There are three levels of pedes trlan circulation which include Community Linkage Adjacent to the spine roads that link to the boundaries of the community N i h rh t wa Adja cent to primary residential/local streets in each parcel that link the open spaces w~th the spine roads Greenbelt Trails Adjacent to Greenbelts in the community All of the pedestrian-ways con nect to destlnaUons such as the clubhouse area, neighborhood commercial areas and commu- nity land use Prepared for D( nton Caty Council M(, ting Fuesda¥,Au~st { ~9'~ COMMUNITY LINKAGE NEIGI-EBORHOOD PATHWAYS .............. GR~:~t. NBELT TRAILS C~r~t Dev~k~l~ent PLus W~iah Are Sub~ect To ~E~, Or Adjusted ~/ithout Notice At ~ ]Developer's Solo Discrotlo~. Conceptual Pedestrian Circulation Plan 0 750 1500 3~00 ROBSON RANCH GRAPHIC SCALE 1~ 43 A D D I T I O N A L I N F O R M A T I O N ~bso~ ~nra~na~S Abb~t~ona[ Intormat o SUBDIVblON ORDINANCE REOUIRE MI ix [, PRELIMINARY COVENANTS? CONDrTION~ AND RF,]RIC¥1ONs (CC&R~%} PHASINC PLAN TRAFFIC %TUDY Prepared for Denton City Councd Meeting 44 Fuesday, Au~qlst 3, 1999 ,~~ SUBDIVISION ORDINANCE REQUIREMENTS ~Rol~o,* Com,n~mtl~ Th~s page left mtentaonally blank I Prepared for Denton C~ty Colmcd Mt~ tmh 45 ue~da¥, Au[~st 3 1999 ~ ~ ~ Subdlvts~,on Ordmance Requirements Section 34-45 Subdlwder to Ex- development, such as the Villa de tend Moans to Subdivision velopment If this section ~s used, the roadways will be properly A separate Water and Sewer signed for "No Parking" on one Agreement will be incorporated side of road to meet the Fire De concurrent with City Countll re partments requirements for hie v~ew and approval lanes Normal roadway sections will be thirty one (31) feet face to Section 34-99 Specml Planned face with a fifty (50) foot right of Development Zoning Districts way The other local road sect,on to be used in this development ~s Robson Ranch is being zoned the same thirty one (31) feet face under the Planned Development to face but adding a meandering Zoning section of the City of walking pathway system and us Denton's Zoning Ordinance We lng sixty (60) feet of right of way used Section 34-99, Sub Section to allow for the pathway Theie b, 2 through 5 as a guide for the will be no other sidewalks except variances to be considered on a for the pathway system as shown case-by case basis during review on the Conceptual Pedestrian C~r- of Detailed Plan(s) culatlon Plan No tangents are required at intersections or re- SUBDIVISION AND LAND verse curves and minimum curve DEVELOPMENT REGULATIONS radius is one hundred fifty (150) feet A_KTICLE III STREET DESIGN FOR ALL North South M~or Spine Road INTERIOR STREETS WHICH Mlnlmumwldthm2 22'divided AKE PRIVATE WITHIN KOBSON roadway sections with a 14' me- RANCH dian This Is a private road w~th private maintenance and has a Section34 ll4Streets 140'nghtofway Onemdeofthe road will have an 8' meandering Typmal Sections The following cart path and the other side will sections and plans illustrate the have a 5' meandering sidewalk potential proposed streets m Thmroadwaywdlnotbepalnted Robson Ranch, which will be de for bike lanes This is a private signed tomeet the City of Denton roadway with private mamte- safety requirements nance /R 1 nti t t M~m- East-West Minor Spine Road mum width is twenty-four (24) Minimum width ~s 2 11' travel feet face to face with a fifty (50) lanes with a 14' painted median foot right of-way This roadway area One side of the road will section will only be used in lSO- have an 8' meandering cart path lated or limited areas of special and the other side will have a 5' Prepared for Denton Cay Councd Meeting 46 'lucsda~ August ] 999 meandenng sidewalk This ts a 2) Trip determination numbers private street with private main for internal and external trips will tenance be determined by the Developer and/or the Developer's traffic North-South Minor Spine Road engineer This determination will Minimum width is 2 11' travel be based on the Developer's ex lanes with a 14' painted median perience and other historical stud area One side of the road will les or records available for retire have an 8' meandering cart path ment traffic volumes and will be and the other side of the roadwlll reviewed and approved by the have a 5' meandering sidewalk City This is a private street with pri- vate maintenance 3) Streets wdl be per the PD Zoning documents Pavement Perimeter Roads Crawford sections of the roadways and Road and Florence Road wdl be parking lots will be per the rec designed and constructed usmg ommendatton of the Developer's the County of Denton regulatmns geo-techmcal engineer but under and standards as these roads are no circumstances will the pave tn the County right-of way Lively ment sections be constructed us- Road wdl be designed and con- lng asphalt over a flex base mate- structed as per the Cay of Denton rial standards and regulations at the time of design From the tntersec 5) c) 3) Subject to the current tton ofapublic and apnvate road, Interlocal Agreement between the first five-hundred(500) llneal the County, Northlake, and feet of private roadway measured Denton, this project shall be ex from the centerhne of the public empt from the perimeter street road will be designed and con- provisions for Crawford Road structed to conform to all City of and Florence Road only, as these Denton pubhc street standards roads will be designed under ~ncludlng construction methods, Denton County regulations and geometry and ingress/egress stan- standards Lively Road wilt be de- dards The proposed guard/card signed and constructed using the gates for this project can be lo latest standards from the City of catedwtthtntheabovementsoned Denton The actual design re five hundred (500) feet qmrements for Lively Road will be determined by the amount of ~- Maximum traffic, which will use this road block length of 1800', subject to Detailed Plan review on a case- 9) c) Collectors to have same dis by-case basts tance spacing between intersect lng streets as required for local streets with a minimum curve ra dius of 250' Prepared for Dtnton City Council Mc~ tmh 47 ruesday, August ~ 099 40' SIDEWALK 8' MF_ANDERING 2--WAY CART PATH Wi'il-/ PERIODIC WIDENING TO 12' Minor North/So_uth .Spine Road Stril~ed Median (Cart Path One Side - Sidewalk One Side) o 20 to 6o OB S ON RANCH II GI~P~C SCAL~ 1~ FEET 140' d-.Il MEDIAN 75' 65' SIDEWALK 2-WAY CART PATH WIT~I PERIODIC Major No.,rt~/S. ou[h .Spine Road ~ai.sg.a, ~teoian (Ca~ Path One Si:de-Sidewa~ One Side) Conceptual Master Plan 0 ~0~ ~0 ROBSON RANCH · · GRAPHIC $CALB IN Fl~;l~T 50' ? MEANDERING SIDEWALK 8' MEANDERING 2-WAY CART PA]~I WITH PERIODIC WIDtLNING TO 12~ Minor East/West Spine Road Strived Median (Cart Path One Side- Sidewalk One Side) 0 2O 4O 6O ROBSON RANCH GRAPHIC SCAI~ IN ~ 16) Fire Lanes are not to impact Section 34-115 Driveways and the aesthetics of the develop Parking Lots merit The Developer will adhere to Section ll-107(b) and (c) of a) Definitions parkmglotmeans Chapter 11 of the Denton Fire thatporhonofanylotthatlsused Prevention Ordinance The De by vehicles, which includes golf veloper will be exempt from Sec carts tlon 11-110 (a),(b),(c), & (d) but will adhere to (e) with the Devel- c) 1) No separate driveway cut oper designing the signage to permit will be required, as ~t will match the project theme Fire be a part of the bmldln§ permit lane signage/markmg must be process for private roads only approved during review of the firstapphcableDetalledPlan, and Appendix A 5 Parking Lots will be consistent m lmplementa- This appendix shall include park tlon for subsequent stages of mgspacesandlanesforgolfcarts project development Stacking distances will vary, de pending on the location and may c) The developer shalllnstallthe not conform with current city lights of his choice and negotiate standards the cost with the utahty provider Street lighting must meet City This project is a secured, gated design performance standards community that will necessitate driveway access to the north Section 34-114 Streets subsection south major spine roads and the (9) Intersections east-west minor spine road a Curvlhnear streets shall be e) Access to collector streets designed so as to approach an intersection either (l)with no tan This project is a secured, gated gent requirement at intersections community that will necessitate and reverse curves, or (ii) with a driveway access to the north curve having a radius of 150 feet south major spine roads and the approaching the intersection east-west minor spine road d The maximum grade ap g) 2) The minimum residential proachmg an lntersectlon shall be corner clearance requirements 4 0% for 60-feet from the inter are as follows secting curb for exceptional cumstances, subject to review and Intersection Minimum approval on a case-by-case basis .Type Distance (fee~l during Detailed Plan review Collector Local 1 Local Local 15 Prepared for Denton C~ty Council Meeting 48 Tuesday, August 3, 999 P D Z O N I N G Subdivision Ordinance Requirements l) Not a requirement for Robson STREET LIGHTS Ranch Seclaon 34-123 Streetltghts Definition for Robson Ranch Collector Roads - The Minor and b) General Standards Major Spine Roads as described in this submittal are the only col- 2) Streethght number, type and lector roadways within the private size shall be determined by the road section of this project developer All interior street lighting wdl be private lights One-family and two family drive ways shall be allowed to connect DRAINAGE to collector streets Robson Ranch is a private retire Section 34-119 Alternate Wa- ment community As a general ter and Sewer Fftcflities rule, golf courses will be situated in the existing watercourse areas See separate Sewer and Water (drainage ways, channels, and Agreement with the City of floodways) The Developer and/ Denton or Homeowner's Association will maintain the golf courses In gen STREET LIGHTS eral, street storm runoff will be directed onto the golf course ar- Section 34-1113 Streethghts eas, routed through a series of detention areas so that peak dis- b) General Standards Lighting charges do not exceed natural (ex on the property shall be designed lsting) conditions, then released so as not to shine on or otherwise to existing downstream water disturb surrounding residential courses property, or to shine or project upward to prevent the diffusion Section 34-124 of light into the night sky dGeneral Dramage Requirements 2) Streethght number, type and size shall be determined by the 4Detention Facthties are pri- developer All interior street vate facilities and are gener- lighting will be private lights ally located on the golf courses and open spaces which will be designed for a Section 34-119 Alternate Wa- size and shape appropriate for ter and Sewer Facfl~taes integration with these facth ties The Developer and/or A separate Water and Sewer Home Owners Association Agreement will be incorporated will maintain these detention concurrent with City Countil re facilities Any detention la- view and approval Prepared for Denton City Council Mtetmg 4'9 tuesday Aufiust 3, 1999  P O S E D PD ZONING P R O ~'~'~' Subdlmmon Ordinance Reqmrements ,~obson Com~nu.a~s clhty that is designed to re needs Consequently, they duce onslte runoff to match will not be required to com exlstangwatershedconditions ply with requirements of shallbecontainedinapnvate channel access roads and drainage and detention ease- ramps or m~mmum bottom of ment with prescriptive lan channel width of this section guage that outlines the main- tenance responsibilities of 8 Thisprojectislocatedonato- Robson's Home Owners As- pographmal ridge which has soclatlon and capabilities for no significant drainage area the city size contributing to or through the project Minor General Drainage Reqmrements drainage systems shall be de signed to convey the ten-year Channels are generally 1o frequency storms for pipe sys cared within golf courses or terns associated with the open space The channels streets Depth of flow for a will be designed utilizing a ten year storm shall not ex material, shape and configu ceed top-of-curb or &inches ration, which is appropriate at any point Depth of flow and aesthetic for lncorpora for 100 year storm shall be tlon into these aforemen- not exceed right-of-way or 10 tloned privately owned and inches at any point Storm maintained facilities Devel- water that has been collected oper need not comply with at the last point or most these regulations regarding downstream point of the sub hnlng, grade, freeboard, pilot division shall be designed to channels, or maintaining convey the 100-year storm channels in a natural state through a pipe, above ground All channels outside the golf system, or combination of course shall be designed for both to the creek or point of the 100 year fully developed release away from all struc conditions with appropriate tures Allother drainage that erosion control where neces- is not associated with the sary and in areas of excessive street shall be designed for velocities All these improve- 100-year storm ments must meet all the re- quirements of the Army f Design Criteria Corps of Engineers 404 Per mit Regulations 1 This project is a private and gated development ma~n Robson Communities and/or rained by the developer and/ the Home Owners Associa- or the Home Owners Asso tlon maintain their piojects ciatlon who are aware of and are aware of the project Prepar{ d for Denton C.y Councd M~ttng 50 Fueqda¥, Au~t 3, 999 (~~ P R O P O S E D P D Z O N I N G gubd~ms~on Ordinance Reqmrements health and welfare of tts age ndeabdlty At Developer and/ restricted residents Design or developer's engmeersdlscre frequency wtll be for the 10 tion, there may be stngle valley year event for the street/ gutter at mtdblocks of local storm drains and 25 year streets and collector roads storm event fm the road cul- vert crosstngs wtth some type 3 Based on the private character of overflow structure capable and maintenance of the devel of conveying the 100 year opment, the p~pe system will be storm event wtth a maxtmum designed to meet RCI cons~d water depth of s~x (6) mches erattons and the followmg con However, one (1) road access dmons set by the City of into and out the development Denton wdl provide a culvert destgn a) P~pe s~zes and materials whmh meets the 100-year fre shall be at the dtscret~on of the quency event owner for all drainage systems assoctated wtth the golf course 2 North/South sptne road wtll and detentton pond facdmes At be designed w~th one lane the developer's and/or the open ~n each d~rection M~- developer's engtneers' dtscre nor East/West sptne road wdl tton, the storm dratnp~pe mate bedes~gnedw~thonlyttsme- hals wdl be PVC, BCCMP, dmn area open for traffic RCP or HDPE movement dunng a storm b) All ptpes dratmng the event Mtnor North/South street right of way or other spine road (90' R/W) and lo property not assoctated wtth the cai roads will be destgned to golf course shall meet the Ctty convey storm water flow to of DentonregulaUons HDPE the top ofthe curb Allstreets ~s accepted by the Ctty of wall allow storm drainage Denton in s~zes up to and tn cross flow through lntersec cludmg 48" tn dtameter tmns wtth a mammum depth c) Ptpe systems conveytng ~n the mtersectmns of four (4) offstte runoff through the golf ~nches wtth a depressed course shall meet Ctty of crown The depth of flow for Denton storm volume regula ten-year storm shall not ex ttons ceed top-of-curb or 6 mches at anypomtand depth of flow 4 Private nature of the develop for 100-year storm shall be ment does not reqmre Devel not exceed right-of way or 10 oper to comply w~th thts sec roches at any pmnt Two (2) tton, except for the followmg valley gutters are permitted condtttons all culverts located across a local street mtersec- in any pubhc rtght of ways or tton prowded the ~ntersectmg in the first five hundred (500) street crown ts flattened for feet of private road from the tn I Prl pared for Dtnton C~ty Councd Meeting 51 Tuesday Au~[ust 3 999 (.)P ROPOSED P D Z O N I N G ~ -~ ~ Subdivision Ordinance Requirements tersectionwlthapubhcroadwdl the Developer and/oi the adhere to either the City of developer'sengmeer Detention Denton or Denton County speci Basin excavation or fill slope fications and regulations, de- construction will not exceed pending upon the governmental three (3) on one (1) or exceed a right of-way, the culverts are 1o- slope determined by the cared within The five hundred Developer's geo-techmcal engl (500) feet of private road will be neer Project is a Master measured along the centerhne of Planned Community with on the private roadway beg~nmng at site maintenance that will not re the centerhne of the public road quire the need of desdting ponds way upstream of pool area Project is age restricted, project site pe 5 Detention facilities are generally rlmeter is fenced, and its road located on the golf courses or way entries are gated which will open spaces and will be designed not require individual detention for a size and shape to be appro basin side fencing pnate for integration with these faclhtaes The Developer and/ g This is a private development or the Home Owners Associa The 100-year floodplain as desig tlon will maintain these deten- hated by Federal Emergency Man tlon facilities The 100-year agementAgency (FEMA floodplain event shall be used to determine maps) shall be dedicated as a the detention basin storage vol- vate drainage easement Detention ume required Detention facth- facilities shall also be in a private ties shall be designed so that any drainage easement as described in additional runoff generated by (d)4 and (f~ 5 above Open chan the proposed development will nels outside the golf course and not increase the amount of ongl streets shall be in a private drainage nal discharge for storm frequen easement cles from the five year to the one hundred-year flood as outlined h This provision will only apply in the Drainage Design Criteria to lots in, adjacent, or within 150 All detention and retention feet of the 100-year floodplain or ponds that are used for detention drainage channel that carries the credit shall be contained in a 100-year storm Minimum finished drainage easement that has pie- floors for lots at sags or low point scnptive language to indicate the shall be specified on the engineer maintenance responsiblhtles lng plans and final plat to avoid The language will also allow the flooding problems City of Denton certain capabth ties for inspection and enforce- The following are additional drain ment The materials and size age comments made relating specih of overflow spillway and/or con cally to the City of Denton Drain dult through detention basin em age Design Criteria Manual bankment will be determined by Prepared for Denton C~ty Councd Mi etmg 5:Z uesda¥ August3 999 ~ '~.~~.~ P R O P O S E D P D Z O N I N G Subdlwsmn Ordinance Reqmrements 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 8 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 drmnage 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 idenufied as part of an approved Detailed Plan or individually approved variance Prepared for Denton C~ty Counol Mt cLing uesda¥, Au~lst 3, 999 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 thc con strucUon is completed Chapter 34 - Appendix A 1 Maximum street grades shall be as follows Arterial street 7°/o Collector street 8% Local/residential 90/0 Prepared for D~ nton City Council Mc ~ t~nb 54 utsda¥,Auhmst ~ 090 ~~.~;I PRLLIMINARY COVENANTS, CONDIIi()N%, AND RiblRICII()N5 (CC&lC'>) This page left intentionally blank Prepan d for Denton C~ty Councd Meeting 55 rucsda¥, Aufiust 3 099 When recorded mai to Attn DECLARATION OF ANNEXATION AND TRACT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ROBSON RANCH DENTON UNIT This Declaration (flus "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 Resmctions of Robson Ranch Denton, dated ,1999, which Declaration was recorded in the Officml Records of Denton County, Texas on , 1999, as Instrument No (the "Declaration") B Article XIV of the Declaration contemplates the annexation of Annexabte Property to Robson Ranch Denton Resort Commumty by recordation of Tract Declarations The real property described on Extublt "A" hereto (the "Property") constitutes a portion of the Annexable Property C Article IV of the Declaration contemplates that Tract Declarations estabhshlng Land Use Classifications for parcels of land vail be executed and recorded periodically DECLARATION Now, therefore, Declarant declares as follows 1 Defimt~ons All capttahzed terms used but not defined in this Tract Declaration shall have the meamngs assigned to them ~n the Declaration 2 Annexation The Property ts hereby annexed to Robson Ranch Denton Resort Commumty 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 Commumty 3 Land Use Classifications The Land Use Classlficauons of the various portions of the Property are set forth m the attached Extubit "B" Each pomon of the Property shall hereafter be sub. tect to the Land Use Classlficatmn assigned to that portion on Exl'nbit "B" 4 A~e Resmction The Property ~s intended and operated for occupancy by persons fifty-five (55) years of age or older SubJect to comphance w~th the Reqmrements for Exempuon as set forth m para~aph 5 below, all occupied Dwelling Umts 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 mneteenth (19th) birthday shall reside permanently at the Property The Board, in ~ts sole discretion, shall have the right and power to determine when a person resides "permanently" at the Property 5 Occupancy of Dwelling Umt T~tle VIII of the C~vil Pdghts Act of 1968 (as amended, the "Fair Housing Act") protnblts dlscnmmauon in the sale, rental and financing of dwellings based on fanuhal status, that rs, discrimination based on the domicile of individuals under eighteen (18) years of age Therefore, commumtles generally are not permitted to prol'nblt occupancy by persons under eighteen (18) years of age However, the Fmr Housing Act provides that a commumty is exempt from flus resmctlon if the commumty is intended and operated for occupancy by persons 55 years of age or older and the following reqmrements (as more fully set forth in the Fmr Housing Act and supplemented by the regulations promulgated thereunder, the "Requirements for Exemption") are satisfied (a) at least eighty percent (80%) of the occupied umts are occupied by at least one (1) person who ~s fifty-five (55) years of age or older, (b) the commumty complies publishes and adheres to pohc~es and procedures that demonstrate the intent to provide housing for persons fifty-five (55) years of age or older, and (c) the commumty complies w~th roles issued b~ the Secretary of Housing and Urban Development for verification of occupancy Declarant intends that the Property comply w~th the Reqmrements for Exemption of the Fmr Housing Act Therefore, 0) at least one occupant m each occupied Dwelhng Unit in the Property must be at least fifty-five (55) years of age or older, except as hereinafter set forth, (n) the Associat~on is hereby directed to publish and adhere to pohc~es and procedures that demonstrate an ~ntent to provide housing for persons fifty-five (55) years of age or older, and (m) the AssociaUon is directed to comply w~th rules issued by the Secretary for Housing and Urban Development for verification of occupancy 6 Board Discretion The R. eqmrements for Exemption contemplate that up to twenty- percent (20°/'o) of the umts in a commumty may be occupied by persons all of whom are under the 2 age of fifty-five (55) wahout loss of the exemption, and that the e~ghty percent (80%) reqmrement does not apply until twenty-five percent (25%) of the umts in the housing facility are occupied Accordingly, the Board, upon apphcataon by an Owner, tenant, purchaser or proposed lessee, shall have the right and option, m the Board's sole and absolute discretion, to allow a Dwelling Umt to be occupied by mdivaduals all of whom are under the age of fifty-five (55), provided at least one (1) occupant of the Dwelling Umt is at least forty (40) years of age and prowded that the Board takes appropriate aetmn to comply w~th the Reqmrements for Exempuon The Board shall exercise ~ts discretion based upon criteria that the Board shall determine, which cntena shall include, by way of example and not hm~tataon, mformatmn then known to the Board concermng potential or pending changes m occupancy of other Dwelling Umts m the Property, if any, and the ages of any hkely remmmng occupants of such Dwelling Umts, proxim~ty to age fifty-five (55) of those occupants of other Dwelhng Umts in the Property then under such age and any other ~nformat~on known to and deemed relevant by the Board ~r its sole d~scretmn The Assoc~aUon, acting through the Board, shall have the right to promulgate rules and regulations necessary to comply w~th the Requirements for Exemption 7 Declarant Paghts L~rmtauons Notwithstanding the provlsmns of paragraph 6 above, Declarant shall have the n~t to convey Dwelhng Umts owned by Declarant to purchasers who intend that the Dwelling Umts be occupied only by persons under fifty-five (55) years, but for so long as the Fmr Housing Act ~s m effect, Declarant must take reasonable action to adhere to pohc~es to comply v~th the Reqmrements for Exempuon Each Dwelhng Unit, at the first change of occupancy of that D~elhng Urat, shall thereafter be subject to the reqmrement that at least one (1) occupant be fifty-five (55) years of age or over unless wmved by the Board pursuant to the provisions of paragraph 6 above 8 Notice to the Assocmt~on In the event there ~s a change m the occupancy of any Dwelhng Umt, such as for example but not limitation bx reason of a death or divorce, such that there ~s not at least one (1) occupant of the Dwelling Lint who ~s fifty-five (55) years of age or older, the Owner must lmmedlatel~ not~ the Assocmuon of such change m writing 9 No Liability Notwathstanding anything contmned hereto to the contrary, a is acknowledged and agreed that although a is the intent of the Declarant and the Assocmt~on that the Property be exempt ~om the farmhal status provxs~ons ef the Fair Housing Act and that persons e~ghteen (18) years of age or younger be prolub~ted from residing permanently at the Property, no representation or warranty is g~en that the Property ~all comply w~th the Reqmrements for Exemption If for any reason the Property is not exempt from the famflml status provisions of the Fair Housing Act and, therefore a is unlawful to d~scnmmate at the Property on the bas~s of familial status, neither Declarant nor the Associat~on shall have any habfl~ty ~n connection thereuath 10 Interpretation Tins Tract Declaratmn shall be considered an integral part of the Declaration and shall be construed as ffthe prowslons hereof were set forth in the Declaration Tlus 3 Tract Declazat~on shall run w~th all of the Property and shall be enforceable m accordance v~th and as a part of the Declaration 11 Amendments Tbs Tract Declarauon and the plat of the Property may be amended, modtfied or revoked tn whole or m part at any ume by Declarant and by the Owner(s) of the po~on of the Property that xs the subject of such amendment, modification or revocation In addmon, tins Tract Declaratmn and the plat of the Property may be modified, amended or revoked at any t~me by Declarant and the Owners ofa majonty of the Lots that are subject to ttus Tract Declaration or such plat, xncludmg Lots owned by Declarant Neither tins Tract Declarauon nor the plat of the Property may be amended, modxfied or revoked w~thout Declarant's consem to and s~gnature on the amendment, modxficatmn or revocaUon IN WITNESS WHEREOF, Declarant has executed th~s Tract Declarat~on as of the date first above written DECLARANT ROBSON RANCH DENTON, LLC, a Delaware hn*nted habd~ty company By Arhn~on Property Management Company, an Arizona corporat:on By. Its 4 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 habdity company, on behalf of the limited habfl~ty company N~)tary Pubhc - My Commission Expires EXHIBIT "A" LEGAL DESCRIPTION THE PROPERTY 6 EXHIBIT "B" LAND USE CLASSIFICATIONS When recorded, remm 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 hn~ted liability company ("Declarant"), to establish the nature of use and enjoyment of that certmn real property located in Denton County, Texas, which is more pa~ticularly 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 obhgatlon, 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 htmted to open spaces, walkways and other social, commercial and civic buildings and faclhtles 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 covenng 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 (l) own, manage and ma~ntmn 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, -2- F In the event that Declarant should develop land as described ~n Recital D above, Declarant may develop such lands as not part of Robson Ranch Denton Resort Commumty, but shall have the right wtthout obllganon, to execute b~ndtng reciprocal agreements between any or all of the land uath:n Robson Ranch Denton Resort Conmaumty and the addmonal areas of land so developed by developer whtch are not part of Robson Ranch Denton Resort Conunumty G Declarant desires to estabhsh for ~ts own benefit and for the mutual benefit of all futura Owners, or other holders of interests ~n any portton of Robson Ranch Denton Resort Community, certatn mutually beneficml covenants, condmons, restrictions and obligations wah respect to the proper development, use and mmntenance of Robson Ranch Denton Resort Commumty H Declarant desires and intends that the O~vners, mortgagees, benefimanes, trustees and other persons hereafter acqumng any interest m Robson Ranch Denton Resort Commumty shall at all twaes enjoy the benefits of, and shall hold their interest subject to, the rights, easements, pnwleges, covenants and restrictions hereinafter set forth, all of which are declared to be tn furtherance of a plan to promote and protect the value, des~rabthty and attracUveness of Robson Ranch Denton Resort Commumty 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 F1FTH (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 A! ~lJ SOURCES J Declarant therefore w~shes to subject all of Robson Ranch Denton Resort Commumty to the covenants, conthttons, restrictions, assessments, charges, servaudes, hens, reservations and easements hereinafter set forth (collectively, "Covenants") whmh Covenants shall run wtth the land and shall be b~ndtng upon and ~nure to the benefit of all parues havtng any right, role or interest ~n and to Robson Ranch Denton Resort Commumty or any part of Robson Ranch Denton Resort Commumty NOW, THEREFORE, m consideration of the matters set forth tn the Recitals and the Covenants set forth below, Declarant declares as follows -3- ARTICLE I DEFINITIONS As used in thts Declaratton, and except as otherwtse provtded in Arttcle XIV, Section 3, the following terms, when cap~tahzed, shall have the meamngs set forth below A "Ancfllllry Assocmt~on" shall mean an tncorporated assoc~atton created by or wtth the written consent of Declarant for (1) the Owners of Lots or Dwelhng Umts wtthln one or more subdtvtslon(s) or neighborhood(s) m Robson Ranch Denton Resort Commumty, or (2) the Owners or tenants of bus~ness lots, commercml condonumums or ~mprovements within one or more commercial Parcel(s) ~n Robson Ranch Denton Resort Commumty' B "Annexable Property" shall mean all or any portton of the property described in Exhtblt 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 "Annllal Assessment" shall mean the charge levted and assessed each year against each Lot, Dwelhng Umt and Owner pursuant to Article VII, Section 2, of this Declaration D "Apartment Development" shall mean a Parcel or portion thereof which is ldentffied as an Apartment Development m a Tract Declaratton and is comprised of integrated Rental Apartments and surrounding areas whmh are under the same ownershtp E "Archlt~¢tural Conumttee" shall mean the Archttectuml Conumttee of the Association to be created pursuant to Article XI below F "Archttectural Guidelines" or "DesL~n Gmdehnes" shall mean the gmdehnes that may be estabhshed by the Architectural Comrmttee for the appearance and development of Resldenttal Areas tn Robson Ranch Denton Resort Community, as well as the revtew and approval procedures for the Archttectural Conumttee, as amended from nme to ttme G "Artmles" shall mean the Arttcles of Incorporation of the Assoctanon as amended from nme to time H "Assessable Property" shall mean any Lot tn Robson Ranch Denton Resort Commumty covered by a recorded Tract Declaration, except such part or parts thereof as may from ttme to ttme constttute Exempt Property I "Assessment" or "Assessments'~' shall mean Annual Assessments, Special Assessments, Mamtenanee Charges, Special Use Fees, Security Fees, or any other fees, fines or charges assessed hereunder J "Assessment Laen" shall mean the lien created and ~mposed by Article VII K "Assessment Period" shall mean the term set forth ~n Article VIL Section 7 L "Associat~on" shall mean the Texas nonprofit corporation to be organized by Declarant to adrmmster 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 Associat~on" Robson Ranch Denton Homeowners Associanon No 1, Inc" M "Association Land" shall mean such part or parts of Robson Ranch Denton Resort Community , together w~th the buildings, structures and ~mprovements thereon and other real property, that is held by Declarant or by a trustee for conveyance to the Associat~on on or before the Trans:t~on Date, or that the Associat~on 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 ~s the owner of the fee, leasehold or easement interest or such property ~s so held by Declarant for conveyance to the Association Except as otherwise provided m this Declaration, all Association Land shall be mmntamed 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 w~th~n Robson Ranch Denton Resort Community to the Assocmtion, and such property automatically shall be deemed accepted by the Association N "Board" shall mean the Board of Directors of the Assocmtion 0 "Bylaws" shall mean the Bylaws of the Association as amended from time to t~me P "Commercial Areas" within Robson Ranch Denton Resort Community shall mean and ~nclude any Parcel or pomon thereof owned by one person or entity or a group of persons and/or entities that is used for one or more conunercml purposes, including but not bmited to the following Apartment Developments, commerelal offices, shopping centers, resorts, hotels, motels, churches and other areas used for conunercial or non-resident~al purposes Commercial Areas shall not include any Common Areas owned by the Association or other common areas owned by an Ancdlaty Association or owned in common by resMentlal condonunmm owners At such time as an Apartment Development is converted to a residential Condonumum Development, the property shall cease to be a Commercial Area and shall thereafter be a Residential Area The Commercial Areas shall be deemed to ~nclude the Golf Course Land and the associated recreational areas and facthties -B- Q "Common Area and Common Areas" shall mean (1) all Assocmt~on Land, (2) unless otherwise indicated m this Declaratmn or m a recorded instrument executed by Declarant, all land within Robson Ranch Denton Resort Community that Declarant makes avmlable for use primarily by Members of the Assocmtaon, but not after Declarant ceases to make such land available for use primarily by Members of the Assocmt~on, (3) all land within Robson Ranch Denton Resort Commumty that Declarant mdmates on a recorded subdlws~on 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 Commumty and/or the general public and ~s to be transferred to the Assocmtion or dedicated to the public or a mumc~pallty or other governmental unit or agency at a future t~me, but only until such land is so dedicated, unless specifically specffied otherwise m the dedication or as specified pursuant to clause (6) below, (4) all land or right-of-way easements within Robson Ranch Denton Resort Community that are dedmated to the pubhc or a mummpallty or other governmental unit or agency, but that the governmental umt or agency requires the Assocmt~on to mmntmn or that the Association agrees to mmntmn, (5) areas on a Lot or Parcel within easements granted to the Association or its Members for the location, construction, mmntenance, repmr and replacement of a wall, which easement may be granted or created on a recorded subdlws~on plat or Tract Declaration or by a deed or other conveyance accepted by the Assoclauon, and (6) any other areas w~th respect to which the Association has assumed m wnnng admlmstraUve or maintenance respons~bdlt~es, whether or not such areas are located on a Lot or Parcel R "Condomamum Development" shall mean a port,on of Robson Ranch Denton Resort Commumty which has been subjected to a declaration of condommmm pursuant to Texas law S "Cond0mmmm Umt" shall mean a unit (as that term Is defined m [insert appropriate statutory reference]), together w~th any appurtenant interest m all common elements, that ~s created by a declaration of condomamum established and recorded under Texas law Such term shall not include a Rental Apartment m an Apartment Development T "Covenants" shall mean the covenants, conditions, restrictions, assessments charges, servitudes, hens, reservations and easements set forth hereto U "Declarant" shall mean Robson Ranch Denton, LLC, a Delaware hm~ted hablhty company, whether acting m its own capacity or through a trustee, and ~ts successors and assigns Any assignment of all or any pomon 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, Condit~ons and Restncuons of Robson Ranch Denton Resort Community, as from time to t~me supplemented and/or amended W "Dwelhng Unit" shall mean any building or portion of a budding situated upon a Lot or Parcel, which braiding or portion of a braiding Is designed and intended for use and occupancy as a residence by a S~ngle Fanuly -6- X "Exempt Property" shall mean the following parts of Robson Ranch Denton Resort Commumty (1) All land and ~mprovements owned by or dedicated to and accepted by the United States, the State of Texas, Denton County, or any other mun,c~pahty, or any poht~cal subthv~s~on thereof, for as long as any such governmental entity or polmcal subd~v~ston is the owner thereof or for so long as such dedmauon rematns effecuve, provided, however, that any such land shall be Exempt Property only while it is being used by the governmental entity owner for govemmental or pubhc purposes (2) All AssocmUon l_and, for as long as the Associat~on is the owner thereof (or of the ~nterest there~n that makes such land Assocmnon Land) (3) Ail Golf Course Land for as long as such land ~s used for the purpose pemutted ~n Article IV, Section 5 (4) Each pomon of any and all Res~dennal Areas destgnated in a recorded subdivision plat, deed, Tract Declaration, or condonmnmm or other declaration as an area to be used ,n common by the Owners and Residents of such subdivision or condomimum development (5) Ail land used as a Well-S~te and designated by a Tract Declaration for Well-S~te Use (6) Any Lot or Parcel or property w~thm Robson Ranch Denton Resort Commun, ty owned by Declarant or ~ts affihates, except for property owned by Declarant that ~s subject to a "contract for sale" (as defined ~n [insert appropriate statutory reference]) under which Declarant is the seller (7) Any property ~n Robson Ranch Denton Resort Con~numty that is bmlted by a Tract Declaration to use for housing the aged and ~nfirm and for related uses, if the Tract Declaration expressly prowdes that the Residents thereof shall have no right to use the recreational features and recreanonal amenmes avmlable to the other Owners of Lots, and any other property ~n Robson Ranch Denton Resort Commumty covered by a Tract Declaration that prowdes that the Residents of such property shall have no right to use the recreational features and recreauonal amenmes available to the other Owners of Lots (8) All land ~n Robson Ranch Denton Resort Commumty w~th the following Land Use Classfficat~ons Apartment Development Use, Commercial Office Use, General Pubhc or Quasl-Pubbc Use, Resort Hotel or Motel Use, Chumh Use, General Commercial Use, Industrial Park Use Ail Exempt Property shall be exempt from Assessments and Membership in the Associauon and ~ts assocmted privileges and respons~bflmes, but shall nevertheless be subJeCt to all other -7- prows~ons of th~s Declarataon, unless otherwise prowded m th~s Declaration or in the Tract Declaration of the apphcable Lot or Parcel The Golf Course Land shall be exempt from Assessments, Membership ~n the Assocmnon and architectural control and rewew The Board may restrict or prohth~t the use of the Common Areas (except any easements, rights-of-way, uUhty ~mprovements and landscaping, dratnage and flood control areas) by the Owners of Exempt Property, except for Declarant, ~ts affihates, subcontractors, employees, agents, guests and ~nv~tees Th~s subsecnon X may not be amended w~thout 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 ~mprovements thereon, including any Clubhouse, pro shop, driving range and associated recreational, maintenance and other fa¢fi~ties owned and operated in conjunction with the Golf Course - Z "Land Use Classlficanon" shall mean the class~ficauon to be estabhshed by the Declarant pursuant to Article IV, Section 1, which designates the type of improvements which may be constructed on a Lot, Parcel or Associat~on Land and the purposes for which such improvements and surrounding land may be utilized Aa "Lot" shall mean any (a) area of real property w~th~n Robson Ranch Denton Resort Conununlty designated as a Lot on any subd~wsion plat or replat recorded or approved by Declarant and hmlted by a Tract Declaration to either Single Farmly Residential Use or Cluster Res,dentrol Use, and (b) any Condonumum Unit w~thin Robson Ranch Denton Resort Community which is hnuted to res~denUal use by a Tract Declaration or declaration of condolmmum Bb "Mmntenance 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 Commumty, as the same may from time to time be amended Dd "Member" shall mean any person holding Membership in the Assoc~aUon pursuant to this DeclaraUon Ee "Membership" shall mean a membership ~n the Assoc:at~on and the rights granted to the Owners of Lots pursuant to Article VI to paruclpate in the AssoclaUon Ff "Robson Ranch Denton Resort Community" shall mean the real property described on Exhthit 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 provis~ons of Article XIV of th~s DeclaraUon Gg "Robson Ranch Denton Resort Commum _ty Rules" shall mean the roles for-Robson Ranch Denton Resort Community adopted by the Board pursuant to Article V, Section 3, as such roles are amended from nme to nme Hh "Owner" (when so capltahzed) shall mean the record holder of legal, beneficial or equitable tJfle to the fee simple interest of any Lot or Parcel, including without hnutatlon 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 tafle 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 seq, legal title shall be deemed to be m the Trustor In the case of Lots or Parcels the fee simple title to which is vested m 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 jmnt 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 hrmted 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 condonumum therefor is recorded), Commemlal Office Use, General Public or Quasl-Pubhc 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 Farmly Residential Use or Cluster Resldennal Use but winch 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 covenng the area and creating Lots and related amenmes 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 condonunmm or other recorded Instrument creating Lots and related amenities A Parcel with a Land Use Classfficatlon of Apartment Development shall cease to be a Parcel if the Apartment Development is converted to residential Condonumum 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 m 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 LI "Resident" shall mean (1) Each buyer under a recorded contract (as defined an [insert appropriate statutory reference]) covenng 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 fanuly of each Owner, lessee, tenant and of each buyer referred to an subparagraph (1) actually laving an the same household with such Owner, lessee, tenant or buyer on any part of the Assessable Property Subject to such rules and regulaoons as the Association may hereafter specify (including the imposition of special nonresident fees for the use of Associatioh Land if-the Association shall so direct), the term "Resident" also shall include the onsite employees, guests or mvltees of Declarant or of any such Owner, lessee, buyer or tenant, if and to the extent the Board an its absolute discretion by resolution so directs Mm "Residential Areas" shall include Single Fanuly Residential Developments, Cluster Residential Developments, resident~al Condonunmm Developments, all common recreational areas and faciht~es associated with any of the foregoing Residential Areas and other non-commercial, nonqndustnal and non-utthty areas Nn "Single Fanuly" shall mean an individual living alone, or a group of two or more persons each related to the other by blood, mamage or legal adoption who maintmn a common household an a Dwelling Unit Oo "Special Assessment" shall mean any assessment levied and assessed pursuant to Article VII, Section 5 Pp "S?ocial Use Fees" shall mean special fees anthonzed by this Declaration which an Owner, Resident or any other person as obligated to pay to the Association over, above and m addition to any Annual and Special Assessments or Maintenance Charges imposed or payable hereunder The amount of any Special Use Fee shall be deternuned an the Board's sole d~scretion, provided all such fees must be fmr 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 tame to Ume Rr "Transition Date" shall be the first to occur of -10- (l) the day on which t~tle to the last Lot ~n Robson Ranch Denton Resort Commumty owned by Declarant (or by a trustee under a trust of which Declarant is a beneficmry) ~s conveyed to a third party for value, other than as security for the performance of an obhganon, or (n) the expiration of any five (5) year period dunng which t~tle to no residential lot ~n Robson Ranch Denton Resort Community ~s conveyed by Declarant (or by a trustee under a trust of which Declarant is beneficiary) to a tlurd party for value, other than as security for the performance of an obhgat~on, or (Ill) the date thirty-five (35) years after the date this Declaration is recorded in the Official Records of Denton County, Texas, or 0v) such earlier date as Declarant declares to be the Transmon Date ~n'a properly recorded instrument Ss "Visible From Nelghbonng Proper[v" shall mean, w~th respect to any g~ven object, that such object is or would be VlSthle to a person s~x feet tall standing on ne~ghbonng property, on the level of ~he base of the structure or building being viewed ARTICLE II PROPERTY SUBJECT TO DECLARATION Section I G0ngral Declaration Creating Robson Ranch Denton Resort Commumty Declarant hereby declares that all of Robson Ranch Denton Resort Commumty (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 Declaranon In addmon, real property w~tinn Robson Ranch Denton Resort Community may be subject to recorded Tract Declarations Declarant intends to develop Robson Ranch Denton Resort Community by subd~ws~on 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 covenng such property The Tract Declarations wall specify the Land Use Classffieatmn(s) and pernutted uses of property described thereto (m accordance with Article IV hereof) and wdl incorporate this Declaration and estabhsh such addmonal covenants, condalons and resmcuons as may be appropriate for that property Th~s Declaration and all subsequent Tract Declaratmns are declared and agreed to be ~n furtherance of a general plan for the subdiwsion development, ~mprovement and sale of Robson Ranch Denton Resort Commumty and are estabhsbed for the purpose of enhancing and perfecting the value, desirabd~ty and attractiveness of Robson Ranch Denton Resort Community and every part thereof All of th~s Declaranon and apphcable Tract Declaratmns shall mn with Robson Ranch Denton Resort Community for all -Il- purposes and shall be binding upon and inure to the benefit of Declarant, the Assocmt~on, all Owners and Res~dants and their successors m interest Nothing m th~s Declaration shall be construed to prevent Declarant from modifying the Master Development Plan or any port~ons thereof regarding any property owned by Declarant or regarding any other property, whether or not a Tract Declaration therefor has not been recorded, prowded Declarant obtmns the consent of the Owner of the Property that ~s the subject of the modification Th~s Declaratmn shall not be construed to prevent Declarant from dedicating or conveying portions of Robson Ranch Denton Resort Conunumty, including streets or roadways, for uses other than as a Lot, Parcel, Golf Course Land, Common Area or Assocmtlon I and, subject to the prows~ons of Article IV, Section 1 Section 2 Assocmt~on Bound Upon acceptance by the Texas of Articles of lncorporatmn of the Assocmt~on, th~s Declarauon shall be bmthng upon and shall benefit the Assocmt~on ARTICLE III EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON AREAS Sccnon 1 Easements of E~oymcnt Every Owner shall have a nonexclus~vc casement for thc use and enjoyment in and to the Common Areas, which nonexcluslve easement shall be appurtenant to and shall pass w~th the title to every Lot and Parcel All Residents, other than Owners, shall have a nonexclus~ve, nontransferable temporary easement to use and enjoy the Common Areas so long as they remmn Residents The foregoing grant and rights are subject, among other th~ngs, to the following hrmtat~ons (a) The right of the Assocmt~on to charge reasonable adrmss~on and other Special Use Fees for the use of any recreational or other fatality s~tuated upon the Common Areas (b) The right of the Association to suspend the voting rights of any Member and right to use Common Area recreatmnal facd~t~es by any Member and any Resident cla~n~ng through such Member (0 for any period dunng which any Assessment against h~s LOt remains dehnquent, (~l) for a period not to exceed 60 days for any ~nfractmn of th~s Declaration, a Tract Declaration, the Robson Ranch Denton Resort Commumty Rules or apphcable Architectural Gmdehnes, and (m) for successive 60 day periods ff any such refraction ~s not corrected dunng 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 pubhc agency, authority or utthty for such purposes and subject to such cond~tions as may be agreed to by the Assocmtlon Unless otherwise reqmred by zomng stipulations or agreements with a governmental agency or entity effective prior to the date hereof or unless specified hereafter on a recorded subd~ws~on plat executed by Declarant, no such dedicat~on or transfer shall be effective unless approved tn wnlang by Declarant and, tf such transfer ts after the Transition Date, then by the Owners of at least two-thtrds (2/3) of the Membersinps, except that the Board shall have authority wtthout Membershtp approval to transfer to such pubhc agenctes, authonues or utthUes, easements and rights-of-way that axe tntended to benefit Robson Ranch Denton Resort Commumty and winch, tn the Board's sole judgment, do not have any substanttal adverse effect on the enjoyment of the Common Areas by the Members (d) The right of the AssoclaUon to regulate the use of the Common Areas through the Robson Ranch Denton Resort Commumty Rules and to prohthtt access to those Common Areas, such as landscaped areas, not mtended for use by Owners or Restdents (e) The right of the Assoctatlon to regulate, restrict or prohtb,t the use of the Common Areas, other than easements, rights-of-way, utthty tmprovements and landscaptng, dra, nage and flood control areas, by non-Members, except for Rental Apartment Restdents des.gnated by the Owners of such Rental Apartments as provtded tn Secuon 5 below (13 The right of the AssoctaUon to change the use of Common Areas and to change the stze, shape or locatmn of the Common Areas as provtded ,n Arncle XII, SecUons 4 and 5 Secnon 2. Deleganon of Use Any Owner may, tn accordance with and subject to th,s Declaration and the Robson Ranch Denton Resort Commumty Rules and the hnutanons there~n contatned, delegate his right of enjoyment tn the Common Areas and facfllt.es to the members of h,s family, Ins tenants or lessees, hts guests or tnv~tees or to hts tenant's fanmly, guests or ,nvttees Secnon 3 Rtghts of In_mess and Egress Every Owner shall have an unrestricted right of regress and egress to hrs Lot(s) and/or Parcel(s) winch right shall be perpetual and shall be appurtenant to and shall pass w~th tttle to such Lot(s) or Parcel(s) over the following areas (a) for pedestrian traffic over, through and across s,dewalks, paths, walks and lanes that from nme to time may ex,st upon the Common Areas and which are destgnated as for ingress and egress to such Owner's Lot or Parcel, and (b) for pedestrian and veincular traffic over, through and across the Common Area streets and roadways, ~f any, which are destgnated and paved for such purpose Any Owner may, m accordance wtth and subject to tins Declarauon and the Robson Ranch Denton Resort Commumty Rules and the hrmtauons contained thereto, delegate h~s right of regress and egress to the members of his fanuly, Ins guests, and his tenants (~nclud~ng Ins tenant's fanuly and guests) Secuon 4 Easements and Encroachments Each Lot and Parcel, the Common Areas, and all other ar~as tn Robson Ranch Denton Resort Commumty shall be subject to an easement of not more than five feet for encroachments of walls, ledges, roofs, mr cond~noners and other structures created by construction, setthng and overhangs as ongtnally or subsequently designed and constructed by Declarant or ~ts affiliates and contractors If any such improvement on the Common Areas encroaches upon any Lot, Parcel or other area, or ff any such ~mprovement on any Lot, Parcel or other area encroaches upon any portion of the Common Areas, or tf any such improvement on any Lot, Parcel or other area encroaches upon another Lot, Parcel or other area, a valid easement for smd encroachments and for the mmntenance thereof shall exist In the event any structure on any Lot, Parcel, Common Area or other area ~s mpmmd, altered or reconstructed ~n accordance w~th the original plans and specfficatlons or subsequent plans and specffications of Declarant or its affiliates, similar encroachments shall be perrmtted and a valid easement for said encroachments and for the maintenance thereof shall ex~st Section 5 Use of Facflltres by Rental Apartment Restdents Notwtthstandmg anything to the contrary contmned m this Article 11I, unless otherwise prowded ~n 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 facflmes that are otberw~se hn~ted to use by Members of the Association or for whmh preference ~s g~ven to Members of the Assocmtlon, upon the same terms and cond~tions as Members of the Assocmnon, provided that the Assocmt~on ~s prod, w~th respect to each Rental Apamnent that contmns Residents who are so authorized, an amount equal to one-half of the Annual Assessments that would be required m 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 contmn Residents who are authorized to use such Common Areas and facdmes by the Owners of the Rental Apartments, which authorization may be made or wtthdrawn at any t~me or times, prowded, however, that Declarant shall have the right to authorize Residents of Rental Apartments owned by Declarant to use the Common Areas and facdmes, and neither Declarant nor such Residents shall be obhgated to pay such amounts ~f such Rental Apartments are used by Declarant for marketing purposes, including without hrmtat~on used by potentml purchasers of property at Robson Ranch Denton Resort Community The amounts payable to the Assoctat~on pursuant to th~s Section w~th respect to any Rental Apartment shall be prorated for the period dunng which such authorization by the Owner of the Rental Apartment exists ARTICLE IV LAND USE CLASSIFICATIONS AND USE RESTRICTIONS Section I Land Use Classfficatlons As portions of Robson Ranch Denton Resort Community are reathed for development, the Land Use Classifications, including any number of subclassfficat~ons thereof for any special uses, shall be fixed by Declarant In a Tract Declaration which shall be recorded for that port~on of Robson Ranch Denton Resort Commumty Any such Tract Declaration may ~nclude adthtlonal covenants and resmct~ons and shall be construed as a -14- supplement to this Declaranon and fully a part hereof-for all purposes to the same extent as if all of the provisions thereof were set forth m 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 flus Declaration The contemplated Land Use Classifications that may be established by Declarant include, without hrmtat~on, 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 Condonunmm Development Use, which may be converted to Apartment Development Use upon approval by Declarant (d) Commercial Office Use, including but not limited to office condominiums and business parks (e) Indusmal Park Use (f) General Commercial Use, including but not hnuted 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 mmntmned by the Association (h) Golf Course Use, including any clubhouse and any other recreational and maintenance uses operated in connection therewith 0) 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 (1) General Public or Quasi-Public Uses approved by Declarant, including but not limited to hbranes 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 Farmly occupancy and may include those types of residential housing arrangements known as townhouses, clustered housing, duplexes, zero-lot line housing and similar arrangements, together w~th any related amenities (1) Resort, Hotel or Motel Use, including time share apartments and condormmums -15- (m) Church Use Notwtthstanding anything to the contrary contained in this Declaration, except as otherwise expressly provided ~n an apphcable Tract Declarations for Parcels w~thln Commercial Areas, Commercml Areas shall be exempt from any and all archaectuml restrictions contained in this Declaratton, ~ncludmg, but not lmuted to the provisions of Section 2(a) of this Amcle IV, Section 3 of Artmle V, and Artmle XI, and from any and all assessments and charges by the Association Unless otberw~se specffically pmwded m th~s Declaranon, the definitions and charactensncs of all Land Use Classfficat~ons, and specffic pemutted and pmh~bited uses ~n such Classfficatlons or any subclassfficat~ons or combined classfficat~ons, shall be detenmned in the Tract Declaration and shall be within the complete discretion of Declarant Each Tract Declaration and each subdivision plat - may be modffied, amended or revoked at any time by Del:laraS~asoto all or any port~on 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 Associat~on is the Owner of mai property that is subject to any such modfficat~on, amendment or revocation, Declarant shall not be required to obtmn the Association's consent to any such action prior to the Transmon Date In addmon, each Tract Declaration and plat may be modffied, 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 Notwithstand~ng the foregoing, no modification, amendment or revocation shall be effective If It would leave any Lot not owned by Declarant w~thout legal access No Tract Declaration or plat may be modified, amended or revoked w~thout Declarant's consent to and signature on the modlficanon, amendment or resolution All Tract Declarations shall be subject to apphcable zomng laws Section 2 Covenants Atmhcable to Lots. Parcels and Other Areas Within All Land Use Classfficat~ons Except as otherwise expressly pmwded in this Section 2 or elsewhere m th~s Declaratton, the following Covenants and rights shall apply to all Lots, Parcels and other areas in Robson Ranch Denton Resort Commumty, 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 Classfficat~on of such property (a) Architectural Control Except as otherwise expressly provided in th~s Declaration, the Architectural Gmdehnes or any apphcable Tract Declaration that has been s~gned by Declarant, 0) no ~mpmvements (whether temporary or permanent), alterations, repmrs, excavation, grading, lighting, landscaping or other work that m any way alters the exterior appearance of any property w~thm Restdential Areas of Robson Ranch Denton Resort Conunumty or ~mpmvements thereon from its natural or ~mpmved state ex,sting on the date th~s Declaration is recorded shall be made or done, and (n) no braiding, fence, exterior wall, residence or other structure shall be commenced, erected, malntmned, improved, altered or made w~thin Residential Areas of Robson Ranch Denton Resort Commumty , w~thout the prior written approval of the Architectural Comnuttee All subsequent add,nons to or changes or alterations m any such budding, fence, wall or other structures -16- that affect the exterior appearance thereof, lncludtng exterior color scheme, and all changes in the grade, outside hghUng or landscaping of any Res~dennal Area in Robson Ranch Denton Resort Conunumty, shall be subject to the prior written approval of the Architectural Commattee No changes or dewanons ~n or from the plans and spec~ficanons once approved by the Archttectural Comrmttee shall be made w~thout the prior written approval of the Archttectural Comrmttee Once construction of an tmprovement has been commenced on the property, the Owner shall dthgently pursue completion of such ~mprovement ~n accordance with approved plans Declarant, Owners of Commerctal Areas and tenants of Commercial Areas shall be exempt from the requirements of this subsection (a) and therefore all Improvements, alterations, repoars, excavation, grathng, hghtlng, landscaping or other work performed, constructed or ~nstalled by Declarant and Owners and Tenants of Commerctal Areas shall be deemed approved by the Archttectural Comnuttee (b) Ammals Except as otherwise expressly permlued In an applicable Tract Declaration, no animals or b~rds, other than a reasonable number of generally recogmzed house or yard pets, shall be mamtalned on any Lot, Parcel or other area ~n Robson Ranch Denton Resort Commumty and then only ~f they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes All pets must be kept tn a fenced yard or on a leash at all umes No ammal or btrd shall be allowed to make an unreasonable amount of no, se or to become a nmsance or an annoyance to other Owners It shall be the responsththty of each Owner to remove immediately any droppings from pets No structure for the care, housing or confinement of any antmal or b~rd shall be maintained so as to be Vtsthle From Ne~ghbonng Property, unless otherwtse approved by the Architectural Comrmttee Upon written request of any Member or Resident, the Architectural Comnuttee shall conclusively detemune, in its sole and absolute dtscreuon, whether, for the purposes of this subsecUon, a pamcular antmal or btrd ts a generally recogmzed house or yard pet, whether such a pet is a problem or nmsance or whether the number of animals or btrds on any such property ts reasonable Any dects~on rendered by the Architectural Comrmttee shall be enforceable tn the same manner as other restncUons contmned heretn Exempt from the foregotng restrictions are pet shops, vetennanan offices, animal hospitals or laboratories ~n a General Commercial Land Use Classification (c) Tem~rarv Occupancy and Temporary Bufithngs No troaler, tncomplete building, tent, shack, garage or barn, and no temporary braidings or structures of any land, shall be used at any time for a residence, e~ther temporary or permanent Temporary bmldmgs or structures used by Declarant, tts affihates, subcontractors and employees, and by Owners and Tenants of Commercial Areas may be used on any property for constmcuon, repmr or sales purposes (d) M~ntenance of Landscaping and Driveways Unless otherwise provided in a recorded ~nstrument approved by Declarant, each Owner shall be responsthle for the proper mmntenance of all landscaping ~n the following locations 0) hts Lot or Parcel 0ncludlng set back areas and Common Areas located thereon), (u) pubhc right-of-way areas between stdewalks (or bike paths) and the street curb on the front or s~de of hts Lot or Parcel, (ill) public areas between a stdewalk and the Lot or Parcel boundary, and (iv) other pubhc or easement areas adjacent to such Owner's Lot or Parcel However, ~n the event the mmntenance of the above areas is the responslbd~ty of the Assocmt~on, an Ancdlary Association, a utd~ty, or a governmental or strmlar authority, then the Owners shall be responsible for such mmntenanee only for so long as such other ent~t~es are not perfomung such mmntenance As used berem, mmntenance 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 estabhshed ~n the Common Areas or, ~n Residential Areas, as reqmred by the Architectural Comrmttee Each Lot Owner hereby agrees that the landscaping in the areas described above shall be completed at such Owner's expense w~thln ninety (90) days after closing of the imtml purchase of the Dwelling Unit on the Owner's Lot, shall be of quahty compatible w~th the development and shall otherwise be m comphanee w~th tins subsection (d) The reqmrements of the preceding sentence shall not apply to Declarant or ~ts affihates Each Owner shall also mmntmn in good condition and repair all paved and concrete areas, ~ncludmg driveways, roadways, s~dewalks and parking areas, located on Ins 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) Nmsances. Construction Actav~t~es No weeds, dead trees or plants, rubinsh or debris of any kand shall be placed or penmtted to accumulate upon or adjacent to any Lot, Parcel or other area ~n Robson Ranch Denton Resort Commumty, and no odors or loud no~ses shall be pemutted to arise or enut therefrom, so as to render any such property or activity thereon unsanitary, unsightly, offensive or detrimental to any other property ~n the vicinity thereof or to the occupants of such other property No other nmsance shall be pernutted to exist or operate upon any Lot, Parcel or other area ~n Robson Ranch Denton Resort Community The Architectural Committee shall have the exclusive right to deternune the existence of any nmsance wltinn Res~dennal Areas Without hnut~ng the generahty of any of the foregoing prows~ons and except as otherwise pemutted herein, no exterior speakers, horns, whistles, firecrackers, bells or other sound devices, except security dewces used exclusively for security purposes, shall be located, used or placed on any such property Normal construction act~wt~es and parking m connection with the building of improvements in Robson Ranch Denton Resort Commumty shall not be considered a nmsance or otherwise proinb~ted by th~s Declaratton, but Lots and Parcels shall be kept ~n a neat and t~dy condition dunng construction periods, trash and debris shall be removed periodically and, in Res~denttal Areas, supphes of brick, block, lumber and other building materials will be pried only in such areas as may be approved by the Architectural Conumttee An Owner shall be responsible for all on-site and constmcUon trash and debris occasioned by Ins contractors and subcontractors and shall remove all such trash and debris w~thm a reasonable period of time In addition, any constructIon eqmpment and building materials stored or kept on any Lot or Parcel may be kept only in areas approved by the Architectural Comnuttee It ~s acknowledged that normal constmcnon acnwtles, may be noisy and may reqmre the use of exterior speakers and that extenor speakers may be needed on the Golf Course Land, and such use of exterior speakers is expressly pernutted (f) Diseases and Insects. No Owner shall permit any tinng or condmon to exist upon any Lot, Parcel or other area winch shall include, breed or harbor diseases or insects -15- (g) Repmr of Building No building or structure on any area in Robson Ranch Denton Resort Conunumty shall be perrmtted to fall into disrepa~r and each such building and structure shall at all ttmes be kept in good condition and repmr and adequately pmnted 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 repasred, rebuilt or demolished In the event a Lot Owner fails to comply with this provision, the Board may g~ve not~ce to the offending Lot Owner, and may then proceed to repair the braiding or improvement and charge the LOt Owner therefor as penmtted in Section 3 of Article X (h) Antennas No antenna, satelhte receiving station or other device for the transnmsslon or reception of television or radio signals or any other form of electromagnetic radiation shall be erected, used or ma~ntmned outdoors on any area in Robson Ranch Denton Resort Community (whether attached to a building or structure or otherwise) so as to be Visible From Neighbonng Property, unless approved by Declarant or the Architectural Comrmttee Declarant or the Architectural Conumttee may pernut 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 (0 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, rmnerals of any land, gravel, earth or any earth substances of any land, without the prior written consent of Declarant, which consent may be withheld in Declarant's sole discretion (J) Trash Conl~uners and Collection No garbage or trash shall be placed or kept on any LOt, residenUal Parcel, or other Resident~al Area in Robson Ranch Denton Resort Community except in covered ¢ontmners of a type, size and style which are approved by the Architectural Comnuttee, and except for gmbage 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 Conumttee, such contmners shall be mmntmned and stored so as to not be Visible From Nelghbonng 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 Commumty and shall not be allowed to accumulate thereon No outdoor incinerators shall be kept or maintained in Robson Ranch Denton Resort Commumty (k) Clothes D _tying Facilities No outside clotheslines or other outside facilities for dr3ang or mnng clothes shall be placed or mamtmned in Robson Ranch Denton Resort Community unless they are not V~sible From Nelghbonng Property (1) Machinery_ and F4_mpment No machinery or equipment of any k~nd shall be placed, operated or mmntmned in Robson Ranch Denton Resort Community except 0) such machinery or equipment as ~s usual and customary m connection with the use, mmntenance or construction (during the period of constructaon) of an approved braiding, appurtenant structures, or other ~mprovements, (n) that which Declarant or the Association may require for the operation and maintenance of Robson Ranch Denton Resort Community , or (m) that used or displayed in connection with any business or operation pernutted under a Tract Declaration (m) S~gns No signs which are V~sible From Ne~ghbonng Property shall be erected or mmntmned in Residentaal Areas of Robson Ranch Denton Resort Commumty except (~) Signs reqmred by legal proceedings (u) Identification signs for individual detached residences, prowded the number and specifications of such signs satasfy criteria established by the Architectural Conumttee from time to time (iii) Such other s~gns, including but not hnuted to signs erected by Declarant or its afflhates and construction job identification signs, directional s~gns and subdiws~on ~dentlficat~on s~gns, that have been approved ~n writing by the Architectural Comnuttee or by Declarant (Iv) "For sale" or "for rent" s~gns for individual Dwelling Units, provided the number and specifications of such s~gns satisfy criteria estabhshed by the Architectural Comnuttee from t~me to t~me The Board, the Association, the Architectural Comnuttee, or their agent may enter the Lot for the purpose of remowng any for sale or for rent s~gns that do not comply with Architectural Commattee standards or do not otherwise comply w~th this subsection (m)0v) (n) Restncuon on Further Subdivision, Property Restrictions and Rezomng No Lot or Parcel shall be further subd~vided or separated ~nto 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 thereto, shall be conveyed or transferred by any Owner, without the prior written approval of Declarant Th~s provision shall not apply to transfers of an lndlwdual ownership interest ~n the whole of any LOt or Parcel or to mortgages, deeds of trust or other liens on the whole of any Lot or Parcel Notw~thstanding anything to the contrary contmned ~n th~s Declaration, Declarant reserves and shall retain the right to subdivide, separate, resubdiwde or combine ~nto Lots or Parcels any property at any time owned or controlled by Declarant Unless otherwtse approved by Declarant, no buddings or other permanent structures shall be constructed on any areas in Robson Ranch Denton Resort Community untd a Tract Declaration has been recorded on such property No subd~wsion plat, Tract Declaration or further covenants, conditions, restrictions or easements shall be recorded by any Owner or other person agmnst any property ~n Robson Ranch Denton Resort Community unless the provisions thereof have first been approved ~n writing by Declarant Any plat, Tract Declaration or other covenants, conditions and restrictions or easements recorded without such -20- 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 resubd~vlded ~nto a greater or lesser number of Lots w~thout the approval of Declarant No apphcat~on for rezomng of any Lot or Parcel, and no application for variances or use perlmtS, shall be filed with any govemmental authority unless the proposed use of the property has been approved by Declarant and the proposed use otherwise complies with th~s Declaration and any applicable Tract Declaration (o) Utihty Easements There ~s hereby created a blanket easement upon, across, over and under Robson Ranch Denton Resort Commumty for regress to, and egress from, and the installation, replacing, repmnng and mamtmnlng of, all utlhty and service hnes and systems, including, but not hrmted to water, sewers, gas, telephones, electricity, television cable or communication hnes and other systems as such utilities are installed In connection w~th the initial and ongoing development of Robson Ranch Denton Resort Community Pursuant to th~s easement, a prowdtng ut~hty or service company may install and maintain fac~ht~es and eqmpment on the property and affix and maintain w~res, c~rcmts and condmts on, m and under the roofs and exterior walls of buildings on the property Notwtthstand~ng anything to the contrary contmned m this subsection, no sewers, electrical lines, waterlines, or other utlht~es or service hnes, fac~hUes or eqmpment may be installed or relocated on any area ~n Robson Ranch Denton Resort Community pursuant to this easement w~thout the consent of Declarant, except as ~mt~ally planned and approved by Declarant or, d installed on a Lot or Parcel after recordation of the Tract Declaration, as perrmtted by an othenvise 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 properttes 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 ~nterfere w~th the other Owner's use and enjoyment thereof (il) If a Party Wall ~s damaged or destroyed through the act or fadure to act of an Owner or any of his tenants, agents, guests or members of h~s fan~ly (whether or not such act is negligent or otherwise culpable), it shall be the obhgat~on of such Owner to promptly rebmld and repmr the Party Wall w~thout cost to the Owner of the adjoining property (m) In the event any Party Wall ~s destroyed or damaged (including deterioration from ordinary wear and tear and lapse of t~me), other than by the act or fmlure to act of an adjoining Owner, his tenants, agents, guests or fanuly, ~t shall be the obhgatlon of all Owners whose properties adjoin such Party Wall to rebmld and repmr such Wall at their joint expense, such expense to be allocated among the Owners m accordance w~th 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 rebudd~ng of a Party Wall, or w~th respect to the shanng of the cost thereof, such ad, lolmng Owners shall subnut the dispute to the Board, the dec,sion of which shall be b~nding Notwithstanding any such decision, an Owner may seek lndenm~ty from any party causing the damage (v) Notwtthstand~ng the foregoing and unless otherwise ~nd~cated in an apphcable Tract Declaration or other recorded document, in the case of Party Wails (1) between Common Areas and Lots and Parcels, or (2) constructed by Declarant or the Associat~on on Common Areas w~thln a Lot or Parcel, the Associataon shall be responsible for all maintenance thereof, subject to the provismns of Artmle X, Sections 2 and 3, except that each Owner of a Lot or Parcel shall remain responsible for pmntmg and mmntatmng the surface of the portion of the Party Wall famng his Lot or Parcel and/or the portion of the Party Wall which is not a pomon of the Common Area, and except that an adjmnmg Owner shall reimburse the Assomataon for one-half of the costs incurred by the Association for any structural repair of the Party Wall located on that Owner's property (vi) The prows~ons 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 Dwelhng Units with respect to such Party Walls shall be governed by the apphcable Tract Declaration or by any addlnonal covenants recorded on those Dwelling Umts (q) Perimeter Walls All fences adjoining the Golf Course, Common Areas, parks or washes shall be mamtmned by the Assocmtion ~n accordance w~th specfficatlons estabhshed by the Areh~tectural Conumttee for the purpose of preserving and protecting the v~ews from adjmmng properties Subject to the provis~ons of Article X, Sections 2 and 3, the perimeter walls constructed by Declarant, ~f any, shall be mmntmned by the Association, except that each Owner shall remmn responsible for pmntlng and mmntalmng the surface of the portion of the perimeter wall facing h~s Lot or Parcel and except that the Owner shall reimburse the Association for one-half of the costs of any structural repmr 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 d~screuon w~th respect to the maintenance of the exterior surface facing the arterial rights-of-way and the structural repmr of the perimeter walls The Association shall be responsible for the maintenance of (t) all landscaping immediately outside the perimeter walls and fences and adjolmng the arterial right-of-way, and (ii) all areas lmmedmtely 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 adjo~mng Lot or Parcel (r) Utthty Service No lines, wires or other devices for the communication or transrmss~on of electric current or power, ~ncludmg telephone, televis~on and radio signals, shall be erected, placed or mmntmned anywhere m Robson Ranch Denton Resort Community unless the same shall -22- be contmned in condmts or cables installed and mmntained underground or concealed m, under or on buildings or other structures, except for (i) boxes on the ground for electrical or communication connections, junctions, transformers and other apparatus customarily used m connection with such underground lines, wires and other devices, (n) such above ground electrical apparatus as may be convenient or reasonably necessary on any well sites or Parcels designated for Utthty Use, and (m) those expressly approved by Declarant Notwithstanding the foregoing, no above ground electrical-apparatus shall ,be installed without the approval of Declarant All hnes for the transmission of water and sewage shall also be installed and maintained underground or concealed m, on or under structures approved by Declarant or otherwise installed m a manner approved by Declarant The installation and location of all utility lines and equipment must be approved ~n advance by Declarant Temporary above ground power or telephone structures and water hnes incident to construction activities shall be perrmtted with the prior consent of Declarant (s) Overhead Encroachments No tree, shrub or planting of any k~nd on any Lot, Parcel or other area shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, bike path, trml, 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, Triflers. 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 smmlar equipment or vehicle may be parked or stored on any area in Robson Ranch Denton Resort Community so as to be Visible From Neighbonng Property, Common Area or street, provided, however, this prowslon shall not apply to 0) pickup tracks of less than 3/4-ton capacity with camper shells not exceeding seven (7) feet in height measured from ground level and tram-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 recumng basis for basic transporraUon, (il) trucks, triflers and campers parked in a recreational vehicle storage area, if any, within a Residentml Area or other areas, if any, designated for such parlong in non-residential Land Use Classlfieauons, provided, however, that all such parlung areas have been approved by Declarant or the Architectural Comrmttee, or (iii) trucks, triflers, temporary constmcUon shelters or facilities mmntmned dunng, and used in connection with, construction of any improvement approved by Declarant or the Architectural Cormmttee (u) Motor Vehicles No motor vehicle of any k~nd shall be constructed, reconstructed or repmred upon any Lot, Parcel or street or other area in Robson Ranch Denton Resort Community, -23- and no inoperable vehicle may be stored or parked so as to be Visible From Neighbonng Property or to be visible from Common Areas or streets, provided, however, that this provision shall not apply to 0) emergency vehicle repmrs, (n) any automobile repmr business which may be pernutted in any Industrial Park or General Commercial Land Use Classfficat~on, (iii) the parking of motor vehicles in garages or other parlang areas in Robson Ranch Denton Resort Community designated or approved by Declarant or the Architectural Comnuttee so long as such vehicles are in good operating condition and appearance and are not under mpmr, and (iv) the storage of motor vehicles in an area designated for such purposes on a Tract Declarauon or on a site plan approved by Declarant (v) Parlang. Vehicles of all Owners and Residents, and of their employees, guests and mvitees, are to be kept in garages, carports and other parlang areas designated or approved by Declarant or the Board, provided, however, this section shall not be construed to pernm the parking or stonng in the above described areas of any vehicle whose parkang or storage is otherwise prohibited herein The Robson Ranch Denton Resort Community Rules may penmt temporary parlang on streets or other areas in Robson Ranch Denton Resort Community for public or private social events or other pernutted activities (w) Roofs No solar panel, mr 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 Comrmttee Any solar panel so approved for placement on a roof must be flush mounted if Visible From Neighbonng 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 Neighbonng Property In no event shall windows be covered with paper, alurmnum foil, bed sheets or any other materials or temporary covenngs not specifically intended for such purpose No interior or exterior reflective material shall be used as a window covenng unless such material has been approved by the Architectural Comnuttee (y) Drmnage No Owner or Resident shall interfere with or obstruct the drainage pattern over his Lot or Parcel from or to any Lot or Parcel as that pattern may be established or altered by Declarant (z) Garage Opemngs No garage door shall be open except when necessary for access to and from the garage No carport, parlang area or garage shall be used to store junk or other unsightly material (aa) Right of Entry_ Dunng reasonable hours and upon reasonable notice to the Owner or other occupant of a Lot or Parcel, any member of the Architectural Comrmttee, any member of the Board or any anthonzed representative of either of them, shall have the right to enter upon and -24- 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 constructaon by Declarant or its affihates) to deternune compliance with this Declaration, the Architectural Guidelines, or any approved st~pulations issued by the Architectural Comrmttee or to perform repmrs and mmntenance as provided in Article X, Section 3, and such persons shall not be deemed gmlty 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 w~thout notice In order to perform emergency repairs (bb) Declarant's Exemption Nothing contained In this Declaration shall be construed to prevent the erection, mmntenance or operation by Declarant or its affiliates or subcontractors, of structures, improvements, signs, model homes, sales office and facilities, adnumstratlve officers, or other offices or faclhties necessary or convenient to the development or sale of property w~thm Robson Ranch Denton Resort Commumty (cc) Health, Safe_ty Welfare and Security 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 Res~dentaal Areas of Robson Ranch Denton Resort Conunumty The Association will strive to mmntam the residential areas of Robson Ranch Denton Resort Community as a safe, secure res~dential environment HOWEVER, NEITHER THE ASSOCIATION NOR DECLARANT SHALL BE HELD LlABLE 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 parlang of vehicles shall not prohibit the construction and mmntenance of model homes, sales offices, adnumstrative offices, and parking areas incidental thereto by Declarant and its designees engaged in the construction or marketing of Dwelhng Umts tn Robson Ranch Denton Resort Commumty Any homes constructed as model homes shall cease to be used as model homes at any t~me Declarant is not actively engaged m the construction and sale of Dwelhng Umts tn Robson Ranch Denton Resort Conunumty and no home shall be used as a model home for the sale of homes not located ~n Robson Ranch Denton Resort Commumty (ce) Inctdental Uses Declarant may approve, regulate or restrict incidental uses of property within a Land Use Classtficat~on By way of example and not of hnutation, Declarant may penm! private roadways, tenms and/or swtrmmng club s tntended primarily for the benefit of all or certain Owners and Residents, and tenms courts, sw~numng pools and other mcreanonal amemues (fl) Leases Any agreement for the lease of all or any port~on of a Lot must be in writing and must be expressly subject to th~s Declaration, theRobson Ranch Denton Resort Community Rules the Architectural Gmdehnes, the Articles and the Bylaws Any vtolatlon of these documents by the tenant shall be a default under the lease An Owner of a Lot shall notdy the Assoc~atton regarthng the extstence of all leases The Lot Owner shall remain hable for comphance wtth the Declaration, Articles, Bylaws, Robson Ranch Denton Resort Community Rules and Architectural Gmdehnes and shall be responstble for any wolat~ons thereof by h~s tenant or hts tenant's family and guests (gg) New Constructton All Dwelhng Umts shall be of new construction, and no braidings or other structures shall be moved on a Lot, Parcel or other area from other locations w~thout the written consent of e~ther Declarant or the Architectural Comrmttee No part of any Dwelhng Unit shall be used for hvlng purposes unttl the enttre structure is completed (hh) Construction All Dwethng Units and all other bmlthngs in Robson Ranch Denton Resort Community must be constructed by Declarant or ~ts designees Notw~thstandmg anything to the contrary tn thts Declaratton, thts subsectton (hh) can be amended, changed, waived or ternunated only by Declarant by executing an instrument ~n recordable form that is recorded m the proper office of record 00 Comphance wtth Law No Lot, Parcel or other area in Robson Ranch Denton Resort Commumty shall be mamtmned or ut~hzed m such a manner as to wolate any applicable statute, ordinance or regulation of the Umted States of America, the State of Texas, the County of Denton or any other governmental enttty or agency hawng jurisdiction over Robson Ranch Denton Resort Commumty or any part thereof (1J) No Mod~ficatton by Private A_meement No private agreement of any Owners shall modify or abrogate any of these Covenants or the obligations, rights and duties of the Owners hereunder -26- Sectaon 3 Covenants Appbcabl¢ to Lots W~thin S~ngle Farmly Residential Land Use Classfficat~on The following Covenants shall apply only to Lots and the Owners and Residents thereof lying within a Single Fanaly Residential Land Use Classification (a) General Property classified as S~ngle Farmly Residential Use under a Tract Declaration may be used only for the construction and occupancy of one Single Fanuly detached Dwelling Unit per Lot and typical residential actlwties incidental thereto, such as the construction and use of private sw~mrmng pools, together with common recreational facllmes or other common areas or amenmes, ~f any All Lots within such Land Use Classtficatlon shall be used, ~mproved and devoted exclusively to residential uses and no occupatton, bus~ness, profession, trade or other nonrestdenual use shall be conducted thereon, except that an Owner or Resident may conduct business actlwties on a Lot so long as 0) the existence or operation of the business act~wty ~s not apparent or detectable by sight, sound or smell from outside the Dwelhng Umt, (n) the business activity conforms to all apphcable zoning reqmrements, (m) the business act~wty does not involve door-m-door sobcaataons of other Owners and Residents, and (tv) the business acnvity ~s consistent wtth the res~denttal character of the property and does not constttute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents and Owners, as may be detemuned in the sole d~scretion of the Board The terms "business", "occupation", "profession" and "trade", as used tn th~s Section 3 and ~n the lmmedtately following Section 4, shall be construed to have thetr ordinary, generally accepted meanmgs, and shall mclude, wahout hrmtat~on, any occupanon, work or act~vtty undertaken on an ongoing bas~s which involves the provtston of goods or servtces to persons other than the provider's fanaly and for whmh the provider recetves a fee, compensanon, or other form of consideration, regardless of whether 0) such activity is engaged tn full or part-ttme, (n) such activity is intended to or does generate a profit or (m) a hcense is required therefor Notwithstanding the above, the leasing of a Dwelhng Unit shall not be considered a trade or bustness as defined herem The restrictions contmned tn thts Section 3 or in Secuon 4 below shall not apply to any activity conducted by Declarant wah respect to its development, operation or sale of property within Robson Ranch Denton Resort Commumty, and Declarant shall have the right to matntmn sales offices, adnumstratton offices and sales and model complexes on property classffied as for Single Fanuly Res~denttal Use, Residential Condormnmm Development Use or Cluster Residential Use (b) T{nants The enure Dwelbng Unit and Lot may be let to a S~ngle Fannly tenant or lessee from time to t~me by the Owner, subject to the provtstons of thts Declaration, the Robson Ranch Denton Resort Community Rules, any applicable Architectural Gmdehnes and the Tract Declaration (c) Minimum Home Size Ail detached Single Famtly Dwelling Umts tn Robson Ranch Denton Resort Community shall have at least one thousand (1,000) square feet of living space, exclusive of carports and porches -::>7- Sec!a0n 4 Covenants Apphcable to Property W~th~n a Resldentml Condormmum Development Land Use C!a~ficaUon and a Cluster Resldentml Land Use Classfficat~on The following Covenants shall apply only to Dwelhng Umts and the Owners and Residents thereof lying within a Res~dentml Condonnnmm Development Land Use Classfficatlon or a Cluster Residential Land Use Classfficat~on (a) General Property classtfied as for Residential Condormnmm Development Use or as Cluster Residential Use under a Tract Declaration may be used only for the construction and occupancy of Single Fanuly Dwelhng Umts, together w~th common facdlUes and other Common Areas, ff any In addition, a management office may be matntmned on such property for the purpose of leasing and managang Dwelhng Umts and related ~mprovements on such property All Lots w~thln such Land Use Classfficat~ons shall be used, ~mproved and devoted exclusively to residential uses and no occupation, bus~ness, 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 0) the existence or operatmn of the bus~ness actlwty ts not apparent or detectable by s~ght, sound or smell from outside the Dwelhng Umt, 0t) the business act~wty conforms to all apphcable zoning requirements, (m) the bus~ness actiwty does not revolve door-to-door sohc~tatmns of other Owners and Restdents, and 0v) the business act~wty ~s consistent w~th the restdential character of the property and does not constatute a nmsance, or a hazardous or offensive use, or threaten the security or safety of other residents and Owners, as may be deternuned tn the sole discretmn of the Board As provided ~n Section 3 above, the restrictions contmned tn th~s Section 4 shall not apply to any actlwty conducted by Declarant w~th respect to ~ts development or sale of property w~tinn Robson Ranch Denton Resort Commumty (b) Tenants The entire Dwelhng Umt may be let to a Single Fanuly tenant from time to t~me by the Owner, subject to the prowsmns of this Declaration, the Robson Ranch Denton Resort Commumty Rules, any apphcable Amh~tectural Gmdehnes and the Tract Declaration Section 5 Covenants Applicable to Golf Course Land Use Classfficat~on (a) General The Golf Course Land shall be designated as such In a Tract Declaration recorded by Declarant No Association membership rights or responstbtht~es shall be attributed or charged to the Golf Course Land (b) Use Restnctton The Golf Course Land shall be used solely as one or more golf courses, parks, recreation areas (including but not hnuted to driving ranges, pro shops, water storage, well- sites, recharge wells, drmnage structure, automobde parlang, and other recreational and associated mmntenance facd~t~es) or for open space or desert landscaping purposes Notwithstanding the foregotng and subject to apphcable zomng regulations, the Owner of the Golf Course Land, w~thout approval from the Board or other Owners, may amend the Tract Declaratmn or plat or plats covenng the Golf Course Land to alter the use of the Golf Course Land or any pomon thereof, provided that -28- the remmmng Golf Course Land remmns avmlable 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 faclllUes 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 pemutted on the Golf Course land shall include all activities normally associated with the operation and mmntenance of a golf course and any and all other recreational acnvltles and facilities pernutted under subsection (b) above, approved by Declarant, or permitted by the applicable Tract Declara~onr including but not hnuted to the conduct of tournaments, races and other recreational events which may include spectators, television, radio and other media coverage, and various related actlvmes Notwtthstandlng other provisions of this Declaration or the Robson Ranch Denton Resort Community Rules restncung parl(ang, members of the public shall have the right to park their vehicles on roadways within Robson Ranch Denton Resort Community at reasonable times before, dunng and following golf tournaments and other perrmtted 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 govemmg all aspects of the golf course, including but not hnuted to pnce, hours of operation, tee-nme procedures, annual memberships, use, reciprocal agreements comnmtments, subleasing, avmlablltty, 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 avmlable to others or the general public or to resmct play to the Members of the Association The Owner of the Golf Course Land, its guests, employees, mvltees and clientele shall have, m perpemay, a right of reasonable access through Robson Ranch Denton Resort Community and the facilities thereon, and reasonable parkang 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, 0f the Assoclauon is not such Owner), the Association shall execute and notarize an instrument to further evidence such nghts and privilege Commencing one year after the Transition Date, the Owner of the Golf Course Land (if tt is not the Association) shall, on an annual basis, reimburse the Association an amount not to exceed the actual cost directly atmbutable 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 -29- Declarant, the Owner of the Golf Course Land, or the Association is responsible for installing screemng devices or trees to hnut or prevent errant golf balls from causing injury or damage (e) Members' R~ght 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 automauc right to expect to play every day for which such holder applies for a tee nme The number of tee times are hrmted by the amount of dayhght on any g~ven day, and Declarant may not find it possible to grant tee times to all persons who apply for tee times on any g~ven day Section 6 Variances The Declarant or the Board may, at its option and m extonuatmg circumstances, grant variances from any or all of the restrictions set forth in Article IV of this Declaration or in any Tract DeclaraUon if Declarant or the Board determines in its discretion (a) either (0 that a restncnon would create an unreasonable hardship or burden on an Owner, or (n) that a change of c~rcumstances since the recordaUon of this Declaration has rendered such restncuon obsolete, and (b) that the activity pernutted 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 h~gh quality of life intended for Residents of Robson Ranch Denton Resort Community The request for a variance must be made in wnung and must be accompanied by adequate supporUng documentauon Secuon 7 Grazing Or A~cultural Operations Declarant reserves the right to use the undeveloped portions of Robson Ranch Denton Resort Community, Annexable Property and perhaps other real property in the vicinity for grazang or agricultural purposes until such pornons 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 wnnng ARTICLE V ORGANIZATION OF ASSOCIATION Section 1 Fonnauon of Assoclanon The Association shall be a non-profit Texas corporauon Upon lncorporanon, 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 m the Articles, Bylaws and this Declaration Neither the -30- Articles nor Bylaws shall, for any reason, be amended or otherwise changed or ~nterpreted so as to be inconsistent with this Declarataon 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 ~n accordance w~th 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 d~rect~on 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 responsibihtles shall be to can'y out the objectives of the Association which ~nclude, but shall not be hnmted to, the following (a) adnumstenng, including prov~ding adn~mstrat~ve support required for, the Architectural Com~uttee, (b) prepanng and adrmmstenng an operational budget that provides for the protection, adn~mstrat~on and operauon of the Common Areas, the improvements thereon and the property of the Association, for the performance of all of the Associat~on's respons~b~htles hereunder and under the Association's Articles and Bylaws, and for other uses pern~utted by Article IX of this Declaration, (c) establishing and admlmstenng 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 d~sbursing funds received for the benefit of the Assocmtlon and its Members, (f) mmntmmng records and books ~n accordance with Generally Accepted Accounting Pnnc~ples and perfornung other necessary accounting functions, (g) promulgating and enforcing of the Robson Ranch Denton Resort Commumty Rules, (h) mmntmmng the Common Areas, and (l) all other dutaes ~mposed upon the Board pursuant to this Declaration, the Bylaws, the Articles and the Robson Ranch Denton Resort Commumty Rules Notw~thstanding anything in th~s Declaration to the contrary, until the Transition Date, Declarant shall mmntmn absolute control over the Association, including without hrmtatlon the right and power 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 t~me as ~s deemed appropriate by Declarant m its sole discretion, two d~rectors shall be elected by -31 - the Members of the Associat~on 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 m these two directorships shall be filled in accordance w~th the Amcles 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 m 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 Associanon 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 TransllJon 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 pmvtsions of this Declaration, adopt, amend and repeal roles 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 lnvitee, licensee or tenant of such Member, provided, however, that the Robson Ranch Denton Resort Community Rules shall not discnnunate among Members (other than Declarant) and shall not be inconsistent w~th this Declaration, the Articles or the Bylaws In addition, from time to time and subject to the provisions of this Declaration, the Architectural Conumttee 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 provtslons of th~s Declaration, the A_mcles 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 Comnuttee, and the enforcement powers granted herein, are given for the purpose of ensunng 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 Comnuttee are responsible specifically for the adnmmstration 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 m the event of any inconsistency between the rules and regulations adopted by the Board and the guidelines adopted by the Architectural Cormmttee, the rules and regulations adopted by the Board shall control, and ~n 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 -:32- Section 4 Personal Laabfi~ty No Board member, comrmttee member, officer or employee of the Association or Declarant shall be personally hable to any Member or to any other person or entity, ~nclud~ng the Association, for any damage, loss or prejudice suffered or clmmed on account of any act, onuss~on, error or neghgence, pmwded, however, the hrmtatlons set forth in th~s Section 4 shall not apply to any person who has ftuled to act in good froth or has engaged ~n willful or ~ntent~onal nusconduct The Assocmt~on shall indemnify ~ts comnuttee members, d~rectors and officers when acting In good froth on behalf of the Association to the fullest extent pernutted by law Section 5 Ancillary Assocmtton In the event an Ancillary Association is formed by Declarant or w~th the written consent of Declarant for a Parcel, subdivision, area or neighborhood ~n Robson Ranch Denton Resort Conunumty, 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 pmws~ons 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 S~t~on 6 Easements In add~tton to the easements specifically granted or reserved herein, the Assocmt~on ~s authorized and empowered to grant upon, across or under Association Land such penmts, hcenses, easements and rights-of-way for sewer hnes, water hnes, underground conduits storm drmns, telews~on cable and other swmlar public or private purposes, security hnes, roadways or other purposes as may be reasonably necessary and appropriate for the orderly maintenance and preservation of the health, safety, convemence and welfare of the Owners of real property within Robson Ranch Denton Resort Commumty, as detemuned by the Board Section 7 R~ghts of Enforcement The Association, acting through the Board, shall be and hereby is empowered to dec,de all questions regarding the enforcement of this Declaration w~thln Res~dennal Areas and to take any and all acuons needed, in its sole and absolute judgement, to enforce th~s Declaration Section 8 Contracts with Others for Performance of Assocmnon's Duties Subject to the restncuons and hnutaUons contmned herein, the Association may enter into contracts and transacuons w~th others, including Declarant and affiliated companies or persons, and such contracts or transactions shall not be ~nval~dated or in any way affected by the fact that one or more directors or officers of the AssocmUon or members of any commattee of the Assocmtlon are employed by or otherwise connected w~th Declarant or its affiliates, prowded that the fact of such interest shall be d~sclosed or known to the other directors acting upon such contract or transacuon, and prowded further that the transactton or contract IS fair and reasonable Any such director, officer or comlmttee member may be counted in determlmng the existence of a quorum at any meeUng of the Board or Comnuttee of winch he ~s a member which shall authorize any contract or transacUon described above or grant or deny any approval sought by Declarant, its affiliates or any compeutor thereof and may vote at such meenng to authorize any such contract, transaction or -33- approval w~th like force and effect as tf he were not so interested In addition, from and after the date of th~s Declaratton and untsl the date Thirty-Five (35) years after the Trans~tion Date, Declarant or its deslgnee shall have the right, but not the obhgat~on, 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 soumas, as reported in the Association's annual financial statements Such management fee shall be in addition to, and not in substatutaon for, reimbursement by the Association to Declarant or its designee for all direct expenses actually incurred m managing the Assoctatlon and m 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 tts 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, lnclud~ng 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 stud 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 Ten~ts Tenants of Rental Apartments or other Dwelhng Units shall not be Members of the Association In the event Rental Apartments are converted to residential Condowamums, then at the time the declaration of condonumum is recorded, there shall be one Membership in the Assocmtlon for each residential Condonumum Unit owned Se¢l[lon 3, Declarant Notwithstanding anything to the contrary herein, Declarant shall be a Member of the Association for so long as Declarant owns any Lot m Robson Ranch Denton Resort Community Section 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 -34- after the Trans~tion Date or such other date as Declarant ceases to control the Association, as provided m Section 8 below, each Membership entttles the Member to one vote ~n all elect~ons for the Board of Directors and all other Associauon matters requmng a vote of the Members, subject to the authority of the Board to suspend the Member's voting rights for violat~ons of this Declaration as prowded herein UNTIL THE TRANSITION DATE THE RIGHT OF THE MEMBERS TO VOTE IS LIMITED AS STATED IN SECTION 8 BELOW Section 5 R~ght to Vote No change ~n the ownership of a Membersinp shall be effective for voting purposes unless and until the Board ~s g~ven actual written not~ce of such change and ~s 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 ~s 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 ~n question If any Member casts a vote representing a certmn 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 objecl~on thereto is made to the Board ~n writing at or prior to the t~me the vote ~s cast In the event more than one vote ~s 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 lN SECTION 8 BELOW Section 6 Membership R~ghts Each Member shall have the rights, duties and obhganons set forth m this Declaration and such other rights, duties and obhgat~ons as are set forth ~n the Articles, Bylaws, Robson Ranch Denton Resort Community Rules and Architectural Gmdehnes Section 7 Transfer of Membership The rights and obhgations of a Member m the Association shall not be assigned, transferred, pledged, designated, conveyed or alienated ~n 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 dlspos~tl0n, 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 sa~d Lot or Dwelhng Untt to the new Owner Upon the transfer of ownership of any Lot (excluding the imt~al sale by Declarant) the Board, ~n its d~scretion, may assess a reasonable transfer fee to cover adnumstratlve costs associated w~th the transfer of ownership Section 8. DECLARANT'S CONTROL OF ASSOCIATION NOTWIrrHSTANDING ANYTHING IN THIS DECLARATION TO THE CONTRARY, UNTIL THE TRANSITION DATE, DECLARANT SHALL HAVE TIlE 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 -35- ARCI-HTECTURAL 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 Laen and Personal Obhgatlons for Assessments and Mmntenance Charges Each Owner of a Lot, by acceptance of a deed or execution of a purchase contract therefor (whether or not ~t shall be so expressed in such deed or purchase contract) or by otherwise acqumng any ~nterest ~n a Lot, ~s deemed to covenant and agree to accept and be subject to mandatory Membership ~n the Assocmt~on and to pay to the Association the following (1) Annual Assessments, (2) Special Assessments, (3) Maintenance Charges, and (4) Special Use Fees recurred by the Owner or Resident occupying the Owner's Lot or any portion thereof The Annual Assessments, Special Assessments, Mmntenance Charges, Special Use Fees and other fees, fines -36- and charges whtch are the obhganon of an Owner hereunder, together wtth tnterest, costs, colleellon agency fees, and reasonable attorneys' fees of the Assoctat~on incurred tn connection w~th the enforcement and collection thereof or m otherwtse enforcmg thts Declaratton, shall be a charge and conunumg servttude and hen upon the Lot against whtch each such Annual or Spemal Assessment, Maintenance Charge or other charge ts made and against the Lot of an Owner hable for a Special Use Fee or other charge and, ~n addttaon, shall be the personal obhganon of the Owner of such Lot at the t~me such payment becomes due and payable The personal obhgation for delinquent Assessments and other charges shall not pass to the successors m role of the Owner unless expressly assumed by them, but the Lot shall remmn subject to the hen of dehnquent Assessments except as provided m Arttcle VIII, Section 3 below No Owner may wmve or otherwtse exempt htmself from habthty for the Assessments pmvtded for heretn, mcludmg but not hrmted 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 obhgatlon to pay Assessments ~s a separate and ~ndependent covenant on the part of each Owner No dtrmnutton, abatement or set-off shall be allowed by reason of any action or fmlure to act of the Board, the Assomat~on or Declarant Section 2 Annllal Assessments In order to pmwde for the uses and purposes specffied in Arttcle IX hereof, tncludmg the estabhshment of replacement and mmntenance reserves tn the Board's dtscretton, ~n each year, commenctng wtth the first Assessment Period, the Board shall prepare and adopt a budget and shall assess agmnst each Lot (except any Exempt Property) an Annual Assessment Subject to the provtstons of Sectton 4 of thts Arttcle, the amount of the Annual Assessment shall be tn the sole dtscretton of the Board but shall be deterrmned wtth the objecttve of fulfilling the Assoctat~on's obligations under this Declaration and pmvtdlng for the uses and purposes specffied tn Article IX Nothmg w~thln thts paragraph shall be construed as plactng a requirement upon Declarant to set up a reserve fund at any time Further, no such reserve fund will be begun, or contributed to, dunng any year tn whmh Declarant makes a contribution to Robson Ranch Denton Resort Commumty Assoclatton in order to subs~dize any deficit which such assoclatton may have tn such year Section 3 Non-Uniform Rate of Annual Assessment The obligation to pay Assessments shall beg~n on the date the Lot ~s purchased from Declarant, as evtdenced by the recording of the deed or other conveyance mstmment for the Lot, whether or not the Owner actually restdes in Robson Ranch Denton Resort Commumty If the LOt is sold by Declarant by means of a "contract" as defined tn [tnsert appropriate statutory reference], then for purposes of tins secnon 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 whtch Declarant ts the benefictary shall be deemed to be owned or sold, as the case may be, by Declarant The amount of any Annual or Spectal Assessment agmnst each Lot or Dwelhng Umt shall be fixed at a uniform rate per Membershtp, wah the followmg exceptions (a) The Annual Assessments are based on one or two residents per homestte If addlttonal persons restde tn the Dwelhng Umt, the Assessment for each addatonal person shall be fifty percent (50%) of the Annual Assessment atmbutable to a Membership, unless the addlttonal person(s) are -37- physically unable to use the recreational factht~es, as deternuned by the Board In its sole dlscretwn, regardless of whether or not more than two residents of the Dwelling Unit actually use the recreational fac~hties 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 dectde 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 faclimes, that Lot or Dwelling Umt shall not be penmtted a discount of any land 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 res~denual neighborhoods who receive or have available services or benefits that are not avatlable to all of the Lots or Members, as detenmned 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, swirmmng pools, recreational areas or tennis courts that are pnvate to certain Members The Board shall be far 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, (l e 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 hn~tation, 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 regulauons, including but not hrmted to those relating to environmental matters Section 5 Special Assessments for Capital Improvements and Extraordinary Expenses In addition to the Annual Assessments authonzed above, the Board may levy Special Assessments for the purpose of defraying in whole or in part the cost of any construction, reconstruction, rep/ur, 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 -38- all Members, or to certmn Members who receive or have available services or benefits not available to all of the Members, or otherwrse as provided ~n Section 3 above The prowslons of th~s Section are not intended to preclude or hm~t the assessment, collection or use of Annual Assessments or the purposes for which Special Assessments may be made The amount of any Spemal Assessments shall not apply towards the Maximum Annual Assessment Notw~thstanthng the foregmng, no Special Assessments m excess of $__ per Lot per calendar year may be lev~ed w~thout the affirmative vote of a majority of the votes cast m person or by proxy at an annual meeting of the Members of Association or at a special meeting called for that purpose after proper notme to the Members Section 6 Notme and Ouorum 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 th~s Article shall be sent to all Members no less than ten (10) days nor more than s~xty (60) days m advance of the meeting At such meeting, the presence of Members, ~n person or by proxy, entitled to cast more than twenty percent (20%) of all the votes (excluslve of suspended voting rights) shall constitute a quorum If the reqmred quorum is not present, another meenng may be called subject to the same nonce reqmrement any tlme thereafter, except that the reqmrement 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) Sq. ctton 7 Estabhshment of Assessment Period The period for which the Annual Assessment is to be lewed (the "Assessment Period") shall be the calendar year, except that the first Assessment Period shall commence (a) upon the recorthng of the first Tract Declaranon covenng Lots, or (b) upon such later date as the Board shall deternune, and shall ternunate on December 31 of such year The Board m its sole thscretlon from time to time may change the Assessment Period by Board resolution specifying the new Assessment Period Section 8 Bflhng and Collection Procedures The Board shall have the right to adopt procedures for the purpose of malang, bllhng and collecting the Assessments, provided that such procedures are not ~ncons~stent w~th the provisions hereof Annual Assessments may be collected on a monthly, quarterly, annual or other bas~s as detemuned by the Board Specml Assessments may be collected as specffied by the Board The fmlure of the Assocmt~on to send a bill to a Member shall not reheve any Member of liability for any Assessment or charge under this Declaranon, but the Assessment hen shall not be foreclosed or otherwtse enforced until the Member has been g~ven not less than fifteen (15) days written nonce prior to such foreclosure or enforcement, at the address of the Member on the records of the Assocmuon, that the Assessment or any installment thereof ~s or wdl be due and of the amount owing Such notice may be g~ven at any time prior to or after the dehnquency of such payment Each Member shall be obligated to ~nform the Assocmt~on ~n writing of any change of address If appropriate settlements between a buyer and seller are not mmntmned by the t~tle or escrow company, the Association shall be under no duty to refund any payments received by ~t even though ownership of a Membership changes dunng an Assessment Period Successor Members shall be g~ven credit for prepayments, on a prorated bas~s, -39- made by prior Members The amount of the Annual Assessments against Members who become such dunng an Assessment Penod shall be prorated and such new Members shall not be hable for any previously levted Spectal Assessments unless such Spectal Assessments are levted over a period of t~me, m which case such amount shall be prorated to new Members Nothing contained m the precedmg sentence shall affect or tmpalr the Assoctatlon's hen on any Lot, mcludmg any Lot acquired by a new Member, for past due Assessments relating to the Lot Section 9 Collection Costs and Interest on Dehnquent Assessments Any Assessment or installment thereof not pa~d when due shall be deemed dehnquent and shall bear ~nterest from the due date until pa~d at the rate of e~ghteen percent (18%) per annum, and the Member shall be hable for all costs, ~ncludmg attorneys' fees, which may be recurred by the Assocmtton m collecting the same In addition, the Assocmt~on may charge a late fee of twenty-five percent (25%) for all dehnquent payments, winch late fee shall also bear mterest at the rate spectfied above from the date the Assessment or installment thereof ~s due until such Assessment or mstallment, late charge and tnterest are prod m full The Board may maintain on the clubhouse bullettn board a hst of all members whose Assessments (whether Annual or Spectal Assessments or otherwtse) are past due and may also record a Nouce of Dehnquent Assessment against any Lot as to which an Assessment ts dehnquent and constttutes a hen and may estabhsh a fixed fee to retmburse the Assoctat~on for the Assoclatton's cost m recording such nottce, processing the dehnquency and recordmg a nottce of payment, whtch fixed fee shall be treated as a collectton cost of the Assoctatton secured by the Assessment Laen The Assoctatton shall not be obhgated to release any nouce recorded pursuant to thts sectton until all dehnquent Assessments, interest and collection costs have been pa~d m full, whether or not all of such amounts are set forth m the Notice of Dehnquency S¢ctton 10 Evidence of Payment of Assessments Upon recetpt of a written request, and wtthln a reasonable period of ttme thereafter, the Assoctatren shall tssue to the requesting party a written certificate stattng (a) that all Annual and Spectal Assessments, Spectal Use Fees and Mamtanance Charges 0ncludtng interest, costs and attorneys' fees, tf any, as provtded tn sectton 9 above) have been prod wtth respect to any specified Lot as of the date of such certtficate, or (b) ff such have not been paid, the amounts due and payable as of such date The Assocmtton may make a reasonable charge for the tssuance of such certificate, whtch charge must be poad at the ume the request for any such certificate ts made Any such certtficate shall be conclustve and bmdtng wtth respect to any matter thereto stated as against any bona fide purchaser of, or lender on, the Lot tn question to whom the certtficate ts issued Section 11 Property Exempted from the Annual and Spectal Assessments Exempt Property, mcludmg property that ~s Exempt Property pursuant to Arttcle I X(6) because tt ts owned by Declarant or tts affihates shall be exempt from the Assessment of the Annual and Spectal Assessments and other charges levted by the Assoctatton pursuant to thts Declaration However, tn the event any change tn ownersinp or use of Exempt Property results tn all or any part thereof becormng Assessable Property tn any year, the same thereupon shall be subject to the assessment of the Annual, Specml and other Assessments and the Assessment Lten therefor The Owner of -40- Exempt Property (wtth the exceplaon of Declarant with respect to ownership of its Lots) shall not be entitled to any Membersi'ups for such Exempt Property Section 12 NoP 1 Ass n s Except as otherwise provided in any applicable Tract Declaration, Parcels shall not be subject to any Assessments levied by the Association, and no Membershtps shall be attributable to Parcels ARTICLE VIII ENFORCEMENT OF PAYMENT OF AS.~.qSMENTS AND ASSESSMENT LIEN S~,lon I Associat~on as Enforcing Body As provided in Amcle XI1, Section 2, the Association, the Architectural Comnuttee, the Members and the other Owners shall have the right to enforee the prowsions of this Declaration Section 2 Assoc~atmn's Remedies to Enforce Payment of Assessments If any Member fails to pay the Annual or Special Assessments, Special Use Fees or Maintenance Charges when due, the Assocmt~on 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 Assocmt~on does not prejudice or wmve tts rights to exercise the other remedy) and/or by exereismg any other remethes available at law or m eqmty (a) Bnng an action at law to recover judgement agmnst the Member personally obligated to pay the Annual or Special Assessments, Special Use Fees or Matntenance Charges, (b) Foreclose the Assessment Lien against the Lot or Dwelling Unit m accordance with the then prevmhng Texas law relattng to the foreclosure of realty mortgages (including the right to recover any deficiency), and the Lot or Dwelhng Unit may be redeemed after foreclosure sale as prowded ,by law The Assocmt~on may b~d on the subject property at such foreclosure sale Notwithstanding the suborthnation of an Assessment Lien as described in Section 3 of this Article VIII, the ,dehnquent Member shall remmn personally liable for the Assessments and related costs after h~s Membership ~s temunated by foreclosure or deed ~n lieu of foreclosure or otherwise Sect. ton 3 Subordination of Assessment L~en The Assessment L~en provided for herein shall be subordinate to any first mortgage hen held by, or first deed of trust of which the beneficiary is, a lender who has loaned funds wah the Lot as security, or the lender's successors and assigns, and shall also be subJeCt and subordinate to hens for taxes and other public charges which by apphcable law are expressly made superior Except as above provided, the Assessment hen shall be superior to any and all charges, liens or encumbrances which hereafter in any manner may arise or be -41- imposed upon each Lot Notwtthstandtng the foregolng,~sale or transfer of any Lot, whether by foreclosure of a first hen mortgage or otherwtse, shall not affect the Assessment Den, prowded, however, that if the sale or transfer ts pursuant to foreclosure of a mortgage or a deed of trust to which the Assessment Den 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 takmg by deed In heu of foreclosure, shall take the Lot free of the Assessment Lien for all Annual and Special Assessments and Mmntenance Charges that have accrued up to the date of tssuance of a sheriff's 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 tttle subject to all Annual and Spectal Assessments, Spectal Use Fees, Mmntenance Charges and the Assessment L~en therefor accruing subsequent to the date of issuance of a sheriff's or trustee's deed or deed g~ven ~n heu of foreclosure ARTICLE IX USE OF FUNDS. BORROWING POWER Section 1 purposes for Which Association's Funds May Be Used The Assoctat~on shall apply all funds and property collected and received by it (tncluthng the Annual and Spectal Assessments, fees, loan proceeds, surplus funds and all funds and property received by tt from any other source) for the common good and benefit of Robson Ranch Denton Resort Commumty and the Members and Residents by devottng such funds and property, among other thtngs, to the acquisition, construction, alteration, maintenance, provision and operation, by any manner or method whatsoever, of all land, properties, tmprovements, factht~es, services, projects, programs studres and systems, wtthm or without Robson Ranch Denton Resort Commumty, which m the Board's deterrmnatton may be necessary, destrable or benefictal to the general common interests of Robson Ranch Denton Resort Commumty, the Members and the Restdents The following are some, but not all, of the areas in which the Assoctatlon may seek to md, promote and provide for such common benefit social interaction among Members and Residents, maintenance of landscaping on Common Areas and pubhc rights-of-way, mmntenance of trmls, private roadways, washes and drmnage areas wtthln and adjoining Robson Ranch Denton Resort Community , recreatton, short-term and long-term leases of real and personal property, payments of assessments to commumty factht~es districts and ~mprovement districts, habthty insurance, commumcatlons, ownership and operation of recreational and other facihttes, vehicle storage areas, transportation, health, utlhttes, public services, security, safety and mdemmficatton of officers and d~rectors of the Assoctat~on Subject to th~s Declaration and the Antcles and Bylaws, the Association may expend ~ts funds tn any manner penmtted under the laws of the State of Texas Section 2 Borrowtng Power The Association may borrow money in such amounts, at such rates, upon such terms and security, and for such periods of time as ts necessary or appropriate in the dtscretlon of the Board -42- Section 3 Association's Rights in S_eendin~ 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 remoamng 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 deterrmne to be desirable for the greater financial security of the Association and the accomplishment of its purposes Section 4 Ermrlent Dommn. The term "tatong" as used in this Section shall mean condernnat~on by ermnent domain or sale under threat of condemnation In the event of a threatened taking of all or any pomon 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 lhe talong The Board shall act in its sole discretion with respect to any awards made or to be made in connection with the tatting 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 takdng shall be paid to the Association In the event of a total or partial takdng, the Board may retmn any award in the general funds of the Association to be used to accomplish the purposes of the Association Section 5 Insurance (a) Aothonty to Purchase The Association shall mmntmn 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 mmntamed by the Association, m a total amount of not less than One Million Dollars ($1,000,000) If reasonably avmlable, the AssoctaUon shall obtmn officers and directors habthty 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 prod by the party who would be hable for the loss or repmr in the absence of insurance (b) Individual Responsibility It shall be the responslblhty 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 hnuted 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 hrmt or reduce in any manner the insurance proceeds payable under the casualty insurance mmntmned by the Association ~n 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 obtmned by the Association or if the amount of insurance ~s not adequate -4:3- (c) Insurance Claims The Association is hereby irrevocably appointed and authorized by the Members to adjust all claims ansmg 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 authonzed representative or comnuttee, 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 Assomauon Any proceeds resulting from damage to the Common Areas shall be used to repair the damage Any excess proceeds shall be retained by the Associauon to accomplish the purposes of the Association ARTICLE X MAINTENANCE Sectaon 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 Commumty, except the Assocmtlon shall not be reqmred m maintain (but may elect to malntmn) areas that 0) an improvement district or other govemmental entity is maintaining, (ii) an Ancillary Association is required under a Tract Declaration to maintain, or (iii) are to be maintmned by the Owners ora LOt, Dwelling Unit or Parcel pursuant to Article W, Section 2(d) of this Declaration Specific areas to be mmntmned 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 entzty with junsdmtlon to permit the Associat~on 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 -44- (b) Standards of Care The Board shall use a reasonably h~gh standard of care ~n pmwd~ng for the repair, management and mmntenance of the Common Areas and other propemes maintained by the Assocmt~on, but the Board shall be the sole judge as to the appropriate mmntenance of all such areas The Common Areas shall be used at the risk of the user, and Declarant and the Assocmtlon shall not be hable to any person or enuty for any claim, damage or injury occumng thereon or related to the use thereof (c) Delegation of Responsibilities In the event any subdivision plat, Tract Declaration, deed restriction or tins Declaration pernuts the Board to determine whether or not Owners of certain Lots or Dwelhng Umts or Members will be responsible for mmntenance of certmn Common Areas or pubhc right-of-way areas or operation of certmn services, the Board shall have the sole d~scretlon to deterrmne whether or not ~t would be tn the best interest of the Members and Residents of Robson Ranch Denton Resort Conunumty for the Association-or for an ~nd~vldual Member or an Ancillary Association to be responsible for such matntenance, cons~denng cost, umfonmty 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 mmntenance and other obhgatlons of the Association under this Article X and, ~n order to promote umfonmty and harmony of appearance, the Board may also cause the AssocmOon to contract to provide maintenance services to Members and Owners of Lots and Dwelhng Units m exchange for the payments of such fees as the Assocmtlon and the Member or Owner may agree upon or as may be eshabhshed by the Board Section 2 Assessment of Cerlaln Maintenance Costs In the event that the need for mmntenance or repmr of Common Areas, structures and other property mamtmned by the Assocmt~on ~s caused by the willful or negligent act of any Member, or that Member's fanuly, guests or tenants, the cost of such mmntenance or repmrs shall be added to and become part of the Assessment to which such Member and the Member's LOt or Dwelhng Unit ~s subject and shall be secured by the Assessment L~en Any charges or fees to be prod by the Member pursuant to Section 1 (c) of tins Article X m connection w~th a contract entered ~nto by the Association w~th a Member for the performance of a Member's m~untenance responsthlht~es 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 Improper Mmntenance and Use of Lots In the event any portion of any LOt is so maintained as to present a nuisance, or to substantaally detract from the appearance or quality of the surroundtng 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 ~s being used m a manner that wolates th~s Declaratton or any applicable Tract Declaration, or ~n the event the Member ~s falhng to perform any of such Member's obhgatlons under th~s Declaration, any Tract Declaration, the Robson Ranch Denton Resort Commumty Rules or the Arcintectural Gmdehnes the Board may by resoluOon make a findtng to such effect, specifying the particular condition or conditions that exist, and give nooce thereof to the offending Member that unless corrective action is taken w~th~n fourteen (14) days, the Board may cause corrective action to be taken at such -45- Member's cost If at the expiration of the 14-day period of ttme the reqmstte correcttve 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 whmh the offending Member and the Member's Lot ~s subject and shall be secured by the Assessment Den Sectaon 4 Easement for Matntenance Respons~btht~es The Assoctatton shall have an easement upon, across, over and under the Lots and all other areas (except Conunerc~al Areas) ~n Robson Ranch Denton Resort Commumty for the purpose of, and to the extent reasonably reqmred for, repmnng, mmntammg and replacing the Common Areas, Common Area ~mprovements, and other areas mmntmned by the Assocmtton and for the purpose of pefforrmng all of the Assoc~atton's other rights, duties and obhgat~ons hereunder Section 5 Mmntenance of Vacant Lots To keep vacant Lots that are owned by Members other than Declarant neat, clean and t~dy from weeds, trash and other undesirable elements so as to mmntmn the aestbet~c quahty of Robson Ranch Denton Resort Commumty, the Board may, mtts sole d~scret~on, assume the responsibility of the upkeep of such vacant Lots and charge the Owners thereof a fee for the mmntenance of such Lots (the "Lot Mmntenance Fee") The Lot Matntenance Fee shall be fmr and reasonable, shall not count towards the Maximum Annual Assessment, and shall be secured by the Assessment L~en Section 6 Commermal Area Mmntenance Nothing contatned tn this Declaration shall obhgate the Assocmt~on to upkeep or matntmn, or grant the Association enforcement rights for the upkeep and mmntenance of, Commercial Areas Except as otherwtse prowded tn apphcable Tract Declarations, the mmntenance of Commercml Areas shall be the responstb~hty of the respective Owners of the Commercial Areas ARTICLE XI ARCHITECTURAL COMMITTEE Sectmn 1 Anno~ntment The Board shall, at a t~me deemed appropriate by the Board, appoint an Architectural Conumttee (the "Comnuttee"), whmh shall be composed of such persons as are selected by the Board from t~me to t~me or which may consist of the entire Board The purpose of the Conumttee shall be to revtew and evaluate proposals, plans and spectficauons subrmtted by Members for the cons~a'uct~on, modfficatmn and repatr of Dwelhng Umts and other improvements on or to the Lots, to recommend action to the Board, to investigate posstble vtolat~ons of thts Declaration, to carry out dectstons of the Board and to take such other action as ~s authorized by the Board The Board shall select one of the members of the Conumttee to serve as Chatrman of the Comnuttee The Chmrman so selected, when unavadable, shall appoint one of the other members ot the Comnuttee to serve as acting Chmrman The Comnuttee shall be composed of such persons as are selected by the Board from t~me to t~me At least one of the members of the Comnuttee at all -46- times shall be a member of the Board Members of the Comrmttee shall not be entitled to compensation for their services, unless otherwise approved by the Board Section 2 Death or ResL~nation In the event of the death, disability or resignation of any member of the Comnuttee, the Board shall have full authority to designate a successor or successors The members of the Comrmttee shall serve at the pleasure of the Board and may be removed with or w~thout cause by the Board Section 3 Approval Requirement No budding, fence, wall, antenna, exterior landscaping (except landscaping not Visible from Neighbonng Property), awning, sunshade, or other improvement, attached to or detached from other structures, shall be erected, placed, altered or mamtmned on any Lot unul the construction plans and specifications and the plans showing location of the structure or plot plan have been approved by the Board, acting through the Comrmttee, as to color, quality of workmanship and materials, harmony with the external design and color of the exlsung structures, and as to location with respect to topography and finished grade elevation, except any improvements consUucted by Declarant or its affiliates or deemed necessary by Declarant Section 4 Comrmttee Review Fee The Comnuttee shall be allowed to charge the Member or other party subn~tting the plans a reasonable charge for rewewlng and approving or disapproving the proposed plans The charge shall be detenmned by the Board from t~me to time and shall be collected at the t~me of submassion of the plans The Comrmttee shall not approve plans that are not accompanied by payment of the charge Section 5. Pre-Construction Subrmsslons Before the Member shall commence the construction or installation of any bmldtng, fence, wall or other structure on any Lot or any exterior alteration of, addition to or extension of any such stmcture (a) the Member shall subnut to the Choarman of the Comrmttee, or to the acting Chmrman of the Comrmttee if the Chmrman is absent or unavmlable, two (2) copies of the plans and specifications for the structure showing the nature, land, 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 wntlng by the Conumttee Section 6. Review Period The Chamnan or acting Chairman of the Committee shall give the apphcant a written, dated receipt for the plans and specifications If the Comrmttee fmls to mall 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 -47- Section 7 Return of Plans If the Comnuttee either approves or disapproves the plans and specifications m wnUng, it shall deliver or mml one set of the plans and specifications to the applicant w~th its written approval or disapproval and shall mtmn the other set If the Conumttee finis to mml or dehver its written approval or disapproval to the applicant within the s~xty-day period here~nabove specified, tt shall nevertheless return one set of the plans and specfficat~ons to the applicant on demand Section 8 Rcwew Criteria The Comnuttee shall have the right to d~sapprove plans and spemficat~ons submatted if, ~n ~ts op~mon (or in the op~mon of the Board), the plans and specfficanons are not m accordance w~th all of the provisions of th~s Declaration or are not complete or Iff m its opinion (or m the opinion of the Board), the design, color scheme or locaUon of the proposed structure or ~mprovement Is not in harmony w~th the general surroundings and topography of the Lot or with other buildings and structures in the vicmityror if the plans and specffications are incomplete The Comnuttee shall, in the exercise of its judgement and detenmnat~on, act reasonably and in good faith The decision of the Board, acting through the Conumttee, shall be final Notwithstanding the foregoing, the Board shall have the right and power to overrule any and all decisions of the Comrmttee Section 9 Dewation of Plans. Iaabth _ty 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 Comrmttee nor any members of the Comnuttee shall be msponsthle in any way for any defects m any plans and specifications submitted as here~nabove provided, or for any structure or ~mpmvement erected, placed or mmntmned according to those plans or other specfficat~ons By approwng plans and specfficatlons, the Board and the Conumttee do not assume any habthty or respons~bthty for comphance with braiding or zoning ordinances S¢cBon I0 Not Applicable to Declarant Notwithstanding any of the prows~ons ~n th~s Amcle 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. Ltobd~ty Neither the Committee, nor any member of the Conumttee nor the Board shall be liable to any Member or to any other party for any damage, loss or prejudice suffered or clmmed on account of (a) the approval or disapproval of any plans, drawings or specfficanons, 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 w~thtn Robson Ranch Denton Resort Commumty, -48- (d) the execution of any estoppel ce~ficate, 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 Conumttee's gmdehnes, provided, however, that w~th respect to the habdity of a Comrmttee member, such member has acted in good froth on the basis of such information as may be possessed by him The approval by the Comnuttee of any plans, specifications or other matter shall not be deemed to constitute a waiver of any right to w~thhold approval of any smular plans, specifications or other matter subsequently subnmted for approval ARTICLE XlI RIGHTS AND POWERS OF ASSOCIATION Section l Association's Rights and Powers As Set Forth in Articles and Bylaws In addition to the rights and powers of the Associat~on set forth m 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 m order to effect the purposes of the Association as set forth herein After incorporation of the Assomat~on, a copy of the Articles and Bylaws of the Association shall be avmlable for inspection by Owners, prospective purchasers, mortgagees and other persons or entities with an interest m Robson Ranch Denton Resort Community at the office of the Association dunng reasonable business hours Section 2 Enforcement of Prowsions 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 tins 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 indmate that the provis~ons of such ~nstmment 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 m Article HI, Section l(b) In the event suit is brought or arbitration is instituted or an attorney is retained by the Association to enforce the terms of tins Declaration or other document described in this Section 2 and the Association prevmls, the Association shall be enutled to recover, in addition to any other remedy, reimbursement for attorneys' fees, court costs, costs of mvesugatlon and other related expenses incurred m connection therewith including but not brmted to the Association's adnumstrat~ve costs and fees Such attorneys' fees, costs and expenses shall be the personal liability of the breaching -49 - Member and shall also be secured by the Assessment Lien agmnst the Member's Lot If the Associat~on fails or refuses to enforce this Declaration or any provision hereof for an unreasonable period of nme after written request by an Owner to do so, then any Owner may enforce such provision of the Declarataon at his own expense by any appropriate action, whether m law or in equity, but regardless of the outcome, no expenses of the action shall be prod for by the Association Section 3 Contracts with Others for Performance of Association's Duties Subject to the restrictions and hwdtat~ons contmned herein, the Association may enter into contracts and transactions wtth others, including Declarant and its affiliated companies, and such contracts or transactions shall not be invalidated or m any way affected by the fact that one or more directors or officers of the Association or members of any conumttee are employed by or othenvlse connected with Declarant or its affihates, 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 fmr and reasonable Any such director, officer or cornnuttee member may be counted in determanmg the existence of a quorum at any meeting of the Board or comrmttee of which he Is a member which shall anthonze 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 m the Board's opinion the then present use of a designated part of the Association Land or of the Assocmtion's interest in other Common Areas is no longer m 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 ~n any manner deemed necessary by the Board to accommodate the new use). provided such new use 0) shall be for the benefit of the Members and Residents, as detenmned by the Board, and (n) shall be consistent with any deed restrictions, zoning and other municipal regulations restricting or hrmtmg the use of the land Altemanvely, if after the Transition Date, the Board upon satisfaction of subsections (a) and (b) above may, m lieu of calling a meeting, notify in writing all Members of the proposed change of use and of their right to object thereto and, ~f Members holding no more than ten percent (10%) of the votes held by Members (including Declarant) ehgthle 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 Assomatlon to any public authority or utahty as provided m Artmle ~I, Section 1 (c) In adthtlon, 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 Associat~on'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 majonty of the votes entitled to be cast by Members voting ~n 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 transacuon 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) ehgthle 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 imt~al term or any successive period of five (5) years, the Covenants are amended or changed to provide otherwise or are temunated Section 2 Amendments Except as otherwise provided in this Article, amendments, changes or terrmnations 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 terrmnatlon in writing Except as otherwise provided in this Article, amendments, changes or terrmnatlons 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 Ianutation on Amendments Any amendment to this Declaration which hnuts or ternunates membership in the Associat~on must also be signed by two-thirds (2/3) of the members of the Board -§l - Section 4 Non-Retroactave Clause Each party who acqmms any interest In all or any part of Robson Ranch Denton Resort Community after the date hereof agrees to look for performance of, or mhef deemed equitable for the enforcement of, the Covenants, condinons and restrictions contmned heroin, only to the Owners who are such when smd performance and/or mhef is sought, except as otherwise provided in Article VI1 Section 5. Reql~ested Amendment Anything in this Article XIII 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 condlUon precedent to such agency's approval of this Declaration, or by an3t federally chartered lending insntut~on as a condition precedent to lending funds upon the security of any Lot(s) or Dwelling Unit(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 authonzed 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 Adnmmstratlon, the Veterans Adrmnlstratlon, the Federal Home Loan Mortgage CorporaUon, the Government National Mortgage Association or the Federal National Mortgage Association or any sinular 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 activmes dunng the anticipated period of planning and development until the Transition Date If any amendment requested pursuant to the provisions of this Section 5 deletes, drnnmshes 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 Agmnst 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 agmnst perpetuities, then such pmmslon shall continue unnl 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 R~ght of Annexauon Declarant expressly reserves the right at any time to expand Robson Ranch Denton Resort Commumty, 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 accomphshed 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 estabhsh 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 perrmued hereunder may contmn such complementary addit~ons and modifications of the Covenants, conditions and restrictions contmned In this Declaration as may be 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 Declaratmn S~c[lon 2 Deannexation of Parcels Declarant expressly reserves the right 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 deannexanon 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 Section 1 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 hrmt or prohibit any act of Declarant, its employees, agents and contractors, or parties designated by it in connection with the construction, completaon, and sale of Lots In Robson Ranch Denton Resort Conunumty Section 2 Llrmtation on Declarant's Lmbdlty Notwithstanding anything to the contrary in this Declaratmn, each Owner, by accepting any interest in any portion of Robson Ranch Denton Resort Community and becormng an Owner, acknowledges and agrees that neither Declarant (including without hnutation any assignee of the interest of Declarant hereunder) nor any partner, officer, director or shareholder of Declarant (or any panner or shareholder m any such assignee) shall have any personal liability to the Assomat~on, or any Owner, Member or any other person, -53- arising under, m connectaon wtth, or resulting from (~ncludmg w~thout hnutat~on resulting from action or failure to act wtth respect to) thts Declaratton or the Association except, tn the case of Declarant (or tts asstgnee), to the extent of its mterest tn the property served by the Assoctatton and, ~n the event of a judgement, no execution or other actton 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 Recreattonal Faclht~es Declarant and tts employees, guests and designees may use the clubhouse and other recreatmnal fac~ht~es, and tf there is more than one, all clubhouses and recreattonal facdtt~es, located tn Robson Ranch Denton Resort Commumty for sales promottonal and other purposes, as long as Declarant ts the owner of any real property located wtth~n Robson Ranch Denton Resort Commumty, regardless of whether or not legal tttle to one or more of the Common Areas passes to the Assoctat~on No portton of the facthtleS and amenmes located wtthm Robson Ranch Denton Resort Commumt~ and commonly known as a "clubhouse" shall be used by anyone other than Declarant for the purpose of sohcttmg any prospective purchaser being escorted or shown through or vtewmg the clubhouse at the mwtatlon of Declarant, ~ts 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 Nothmg hereto shall be construed to prevent anyone from showmg a clubhouse or any other part of the Assocmt:on faedlt:es 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 Commumty (other than Lots conveyed to other parties) which, m ~ts sole d~scret~on, are reqmred for development purposes Sqat~on 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, constructton and repair of a cable telewston system, telephone system and/or security system and appurtenant factht~es Declarant or ~ts non'unee shall have the right to excavate, have, place, lay, construct, operate, use, maintain, repair, replace, reconstruct, enlarge, ~mprove, add to, relocate and/or remove at any ttme and from time to t~me underground structures with required appurtenances necessary or convenient for the operation of such cable telewslon system, telephone system and/or security system and all m:scellaneous eqmpment and material connecteA therewtth Declarant or tts nomanee 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 port~on or port~ons thereof, together wtth the right to clear and keep clear the easement and rights of way of materials, buddmgs and other structures, ~mplements or obstructions W~thout hrmttng the generaltty of the foregomg, Declarant or tts nominee shall have the right to mm and cut trees, fohage, and roots upon and from wtthm the above described easement and rights of way whenever, m ~ts judgement, the same shall be necessary for the convement and safe exercise of the rights herem reserved All cable televts~on system equipment and security system eqmpment ~nstalled by Declarant or ~ts nomanee shall remain the personal property of Declarant or its nominee and shall not -§4- be deemed a part of the realty Declarant or its nonunee shall have the right d~rectly or indirectly to assign its rights to this easement Neither Declarant, its non. nee or the Association shall be obhgated to provide a cable television system and/or security system m Robson Ranch Denton Resort Conunumty If a cable television system and/or security system Is built by Declarant or ~ts nonunee, the type and quality of the system and the fees and charges to be prod by users of the systems, shall be at the absolute discretion of Declarant or its nonunee Section 6 Private Roadways and Guard Gates Except as otherwise provided m 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 hnmted to Declarant, Owners, Members and Residents, tenants of Commercial Areas, their employees, guests and ~nvltees, applicable governmental agencies and entities, and the golf public if the Golf Course or snack bar ~s open to the pubhc The Board shall have the right to assess the Members for the repair, reconstruction, replacement and mmntenance of the private roadways, curbs and gutters, the electricity for street lighting and the operation and mmntenance of guard gates, guard stations and guard service pursuant to Amcle 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 t~me cause title to all or any part of the private roadways to be conveyed to the Association or an Ancillary Assoc~ation Until the private roadways are conveyed to the Association or an Ancillary Associat~on, Declarant reserves the right to cause all or any par'~ of the private roadways to be dedicated to the public Section 7 Transfer of T~tle to the Common Areas Declarant shall transfer t~tle to the Common Areas to the Association on the Transition Date, or shall transfer all or any part of the Common Areas to the Assoc~ation sooner at Declarant's sole discret~on The condition of the fac~hues at the t~me of transfer shall be reasonable subject of normal wear and tear The Common Areas may, upon such transfer, be subJeCt to mortgages or encumbrances secunng ~ndebtedness of the Association, prowded such indebtedness was tncurred for the operation of the Association or payment of the debts or obligations of the Association Declarant shall have no obhgat~on to the Association or to any Member to pay such indebtedness or the interest thereon Section 8 Interpretation of the Covenants Except forjudlcial construction, the Association, by ~ts Board, shall have the exclusive right to construe and interpret the prowslons of this Declaration that are apphcable to Residential Areas In the absence of any adjuthcat~on to the contrary by a court of competent 3unsthctlon, the Association's construcuon or ~nterpretat~on 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 Severabthty Any detemunat~on by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the valldtty or enforeeabihty of any of the other provisions hereof -§§- Section 10 Ch~nge of Circumstances. Except as otherwise expressly provided m tins Declaration, no change of conthuons or cimumstances shall operate to extinguish, terminate or modify any of the prov~sions of tins Declaration S¢cl~on 11 Rule d_e_~ons In addition to the right to adopt rules and regulations on the matters expressly mentioned elsewhere ~n this Declaration, the Associauon (through its Board and conumttees) shall have the right to adopt rules and regulations with respect to all other aspects of the Association's rights, activities and duoes, provided such rules and regulations are not ~nconslstcnt with the provisions of this Declaration S~ctlon 12 Declarant's Discla~mer of Representations Anything to the contrary m thts Declarauon notwtthstandtng, and except as otherwise may be expressly set forth on a recorded plat or other instrument recorded m the office of the County Recorder of Denton County, Texas Declarant makes no warrantaes or representations whatsoever that the plans presently enws~oned or the complete development of Robson Ranch Denton Resort Commumty can or will be camed 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 th~s Declaration) is or will be comnutted to or developed for a particular (or any) use, or if that land ~s once used for a particular use, such use will continue ~n effect W~thout hm~tmg the generalgy of the foregoing, Declarant expressly reserves the right at any t~me and from t~me to t~me to amend the Master Development Plan Section 13. No Warranty of Enforceability Declarant makes no warranty or representation as to the present or futura validity or enforceability of any Covenants contmned m this Declaration Any Owner acqumng a Lot or Parcel m Robson Ranch Denton Resort Commumty shall assume all risks of the validity and enforceablltty hereof and by acqumng any Lot or Parcel agrees that Declarant shall have no habdlty therefor Secuon 14. References to the Covenants m Deeds Deeds or any instruments affecting any part of Robson Ranch Denton Resort Commumty may contain the Covenants heroin set forth by reference to this Declaration, but regardless of whether any such reference ~s made ~n any Deed or instrument, each and all of the Covenants shall be b~ndmg upon the grantee Owner or other person clmm~ng through any instrument and his he~rs, executors, adnumstrators, successors and assigns S~ction 15 Gender and Number Wherever the context of this Declaration so requires, words used in the masculine gender shall include the fenumne and neuter genders, words used in the neuter gender shall include the masculine and fenumne genders, words m the singular shall ~nclude the plural, and words m the plural shall include the singular Section 16 Captions and T~tles All captions, titles or headings of the Articles and Sections m th~s Declaration are for the purpose of reference and convemence only and are not to be deemed *§6- to hn~t, modify or otherwise affect any of the provis~ons hereof or to be used ~n deterrmnmg the intent or context thereof Section 17 Notices ff notice of any action or proposed actaon by the Board or of any cormmttee or of any meeting is required by applicable law, this Declaration or resolution of the Board to be g~ven to any Owner, Member or Resident then, unless otherwise specified herein or ~n the resolutaon of the Board, such notme reqmrement shall be deemed satisfied ff 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 reqmre that any notice be g~ven if not otherwse reqmred, and shall not prohibit satisfact~on of any notace reqmremcnt in any other manner ff notice is made by marl, it shall be deemed to have been delivered and received twenty-four (24) hours after a copy of the same has been deposited ~n the United States marl, postage prepmd, addressed to such person at the address~ven 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 cemfied mad to the office of the Association Se~ction 18 latigation After the Trans~tion Date, no judicial or adrmmstrative proceedings shall be commenced or prosecuted by the Assocmtion 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 pmv~s~ons of th~s Declaration 0nclud~ng, without hnutauon, the foreclosure of liens), (b) the lmposluon and collection of Assessments as provided ~n Article VII hereof, (c) proceedings ~nvolving challenges m taxation, or (d) counterclmms and other clmms brought by the Assocmtton in suits instituted agmnst it This Section shall not be amended unless such amendment ~s made by Declarant or is approved by the percentage votes necessary to institute proceedings as provided above S¢ctaon 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 Commumty" or any derivative thereof in any pnnted or pmmononal material without the prior written consent of Declarant However, Members may use the term "Robson Ranch Denton Resort Commumty" ~n pnnted or promotional material where such term is used solely to specify that the pamcular property Is located'within Robson Ranch Denton Resort Conunumty Section 20 Governing Law This Declaration shall be governed by and construed ~n accordance with the laws of the State of Texas IN WITNESS WHEREOF, the undersigned have executed thts Declaratmn as of the day and year first above written DECLARANT -§7- ROBSON RANCH DENTON, LLC, a Delaware hn~ted habd~ty company By Arhngton Property Management Company an Arizona corporation By Its -§8- 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 hrmted liability company, on behalf of the limited liability company Notary Public My Comnussion Expires  A S ! N G P L A N P H ~o~son C~.mumtla PHASING PLAN The following phasing plan lllus trates the four (4) approximate major phases of construction for Robson Ranch These four phases are eshmated to be 10 year project phases, with the first phase occurring in the southeastern poi tion of the project adjacent to Crawfold Road Minor phases of construction will be occurnng within parcels of each major phase and will be identified when detailed plans are submitted Prepared for Denton City Councd Mt t ting 56 ut~da¥, Auhmst 3 999 Current Development Plans Which Are Subject To Cha%n~ Or Adj~t~l Without Notice At lbo D~volopor's ,Sole Discretion. 0 1500 3000 4500 ROBSON RANCH GRAPHIC SCALE IN FEET l~ T R A F F I C S T U D Y PRELIMINARY TKAlaHC INI~OK- trtps per household value MATION/~OK THE ROBSON RANCH COMMUNITY The summary ~nfonnation that follows reflects a conservative estimate The number of units A prehmtnary analysis has been were distributed to the four completed on the overall trips points of access based on the expected based on the current existing traffic patterns of the configuration of the develop- surrounding roadways Apply ment It has been our experl* lng a conservative trip rate of ence that developments of this 4 15 daily trips per single-family sort generate far less external household produces 26,975 trips trips than a typical residential per day over the total 6,500 subdivision The market stan single family dwelling units dard for the number of trips The peak period distribution of generated for a typical single 2 7% and 4 4% in the AM and family household is 10 trips per PM periods respectively, day That includes trips for all translate into 728 and 1,214 purposes (internal and external) peak hour trips The projected In contrast, developments distribution across the 4 points restricted to the active adults of access indicates the two provide many of the services southern points of access will internally related to commer- account for approximately 63% clal/retall, entertainment (golf), of the traffic while the western etc In addition, many of the and northern points of access internal trips are completed will serve the remmmng 24% using a golf cart In light of and 13°/0, respectively these characteristics, the average number of trips per household The existing volumes along the may range between 5 47 - 6 15 surrounding roadways were These numbers account for collected m January and used to external trips and internal The determine the area distribution number of internal trips ranges rates 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 prebmi- nary analysis, It is assumed for a conservative emmate that the external trip rate would range from 3 47 to 4 15 using the 2 Prepared for Denton C~ty Councd Meeting 57 l'uesda}~, Aufimst 3 999 Robson Ranch 24-Hour Volumes Robson Ranch 24-Hour Volumes S~te # 3(NB) & 4($B) Street IH 3S to FM 2449 Location IH 3S Off-ramps 15 0 5 18 30 0 0 Robson Ranch 24-Hour Volumes ,, ! ~t~m~tS~ ,,~,,,~ ,,, Carter&Burgess, Inc. I Sxte # ~(NB) & 6(SD) ~ 24 Hour Volme I 1~101 ~m.~ +~w~ ~*~w~ Robson Ranch 24~Hour Volumes Robson Ranch 24-Hour Volumes