2006-139
ORDINANCE NO. .t tJ06- /..3 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE TO CREATE AN OVERLA Y DISTRICT CONSISTING OF AN
APPROXIMATELY 47-ACRE TRACT OF LAND GENERALLY LOCATED ON THE
SOUTH SIDE OF 1-35 EAST, SOUTH OF WIND RIVER BOULEVARD AND WEST OF
UNICORN LAKE BOULEVARD, AND MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS IN EXHIBIT A ATTACHED HERETO AND DEPICTED ON EXHIBIT B
A IT ACHED HERETO TO BE KNOWN AS THE "UNICORN LAKE OVERLAY
DISTRICT"; AMENDING CHAPTER 35, SUBCHAPTER 7 OF THE CITY OF DENTON
CODE OF ORDINANCES, "DENTON DEVELOPMENT CODE," "SPECIAL PURPOSE
AND OVERLAY DISTRICTS" TO ADD SECTION 35.7.8 "UNICORN LAKE OVERLAY
DISTRICT"; PROVIDING FOR THE REGULATION OF LAND USES AND
DEVELOPMENT STANDARDS FOR THE UNICORN LAKE OVERLAY DISTRICT;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Manager initiated the rezoning process for that certain tract of land
described by the metes and bounds description in Exhibit "A" and depicted on Exhibit "B"
attached hereto and made a part hereof by reference (the "Property"); and
WHEREAS, the City Manager, at the request of the owner of the Property, directed that
the Property be considered for rezoning from NR-2 and NRMU-12 zoning districts to an overlay
district, which district shall be known as the "Unicorn Lake Overlay District"; and
WHEREAS, the owner of the Property supports the rezoning of the Property to an
overlay district containing the provisions in Section 4 of this ordinance; and
WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable and
necessary requirements to insure the protection and enhancement of said land and structures.
Further, the overlay districts are authorized to establish specific design standards and
development regulations to effectuate the purpose of the district; and
WHEREAS, on April 26, 2006, the Planning and Zoning Commission made a
recommendation to approve the Unicorn Lake Overlay District; and
WHEREAS, on May 16, 2006, the City Council held a public hearing as required by law
and approved the change in zoning from the NR-2 and NRMU-12 zoning districts to the Unicorn
Lake Overlay District; and
WHEREAS, the City Council finds that establishing the Unicorn Lake Overlay District
serves a public purpose; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning creating the Unicorn Lake Overlay District is consistent
with the Comprehensive Plan; and
b. The Unicorn Lake Overlay District will protect and enhance the Property, which
is distinct from the lands and structures outside of the Unicorn Lake Overlay
District, including the immediate neighborhood.
NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The Property is rezoned as an overlay district to be known as the Unicorn
Lake Overlay District and to be developed in accordance with the terms of this ordinance.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 4. Chapter 35, Subchapter 7 "Denton Development Code", "Special Purpose
and Overlay Districts", Code of Ordinances, City of Denton Texas is hereby amended by adding
Section 35.7.8, Unicorn Lake Overlay District to read as follows:
35.7.8
Unicorn Lake Overlay District
35. 7~~~!_~~EP.~~~____
The purpose of establishing the Unicorn Lake Overlay District is to:
A. Stabilize and improve property values;
B. Ensure compatibility of new construction with the existing scale and characteristics of
surrounding properties; and
C. Balance the economic development goals and the environmental goals of the City.
B.
Application of Regulations
The regulations applicable to the NRMU-12 zoning district shall apply, except as
specifically modified herein.
If any provision of this Section 35.7.8 conflicts with any other provision of the Code
of Ordinances, the provisions of this Section 35.7.8 shall govern and control.
Where any provision of this Section 35.7.8 modifies any provision of any other
applicable ordinance, the words used herein shall have the meaning defined in the
35.7.8.2
A.
c.
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provIsIOns of the ordinance modified, unless the definition is otherwise provided
herein.
35.7.8.3. Development Standards
The City rules and regulations applicable to the development of property located within an
NRMU-12 zoning district are applicable to the Unicorn Lake Overlay District with the following
exceptions:
A. Private Streets and Utilities.
I. A private street system with gated access may be constructed to serve the
Property. Clubhouse Drive shall be a public street. Prior to the recordation of any
final plat allowing the construction of such a private street system, deed
restrictions for the Property must be recorded in the deed records of Denton
County containing provisions in substantially the same form as the following
provisions of Exhibit C attached hereto and made a part hereof by reference: (a)
Article II (and related definitional provisions); (b) Section 4.10; (c) the provisions
of Section 6.02 requiring that liability insurance be obtained in an amount
approved by the City, and naming the City as an additional insured; (d) the
provisions of Section 10.03 precluding amendment (without City consent) of any
of the provisions which specifically require City consent to an amendment; and
(e) Section 10.12.
2. Except as otherwise provided by this ordinance, private streets and sidewalks
must be designed and constructed according to public street standards.
3. Discontinuity with other existing or future neighborhoods is unavoidable due to
adjacent conditions and constraints including a) an existing subdivision to the
west of the Property that does not have street stubs to connect to, b) flood plain
and lake areas to the east of the Property, which present a significant physical
barrier, and c) State School property to the south of the Property that does not,
and likely will never, provide street connection points to the Property. The
proposed ingress and egress for the Property consists of two streets directly
connecting to a collector roadway (Clubhouse Drive), which provide adequate
ingress and egress for a development of 106 single-family lots. When developed
for single-family uses, the Property will have fewer units than allowed under the
prior zoning, thus mitigating any concern regarding the number of ingress and
egress points associated with the Property. If the Property is developed with any
uses other than detached single-family uses, the adequacy findings of this
paragraph shall not apply.
4. Notwithstanding any other provision to the contrary in the Denton Development
Code or City of Denton criteria manuals, the following requirements apply to
private streets:
1. The maximum street grade for Clubhouse Drive shall be eight percent
(8%).
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11. The maximum street grade within sixty feet (60') of an intersection shall
be eight percent (8%).
111. No traffic calming features are required.
IV. Cul-de-sacs may be a maximum of three hundred feet (300') in length.
Cul-de-sacs must have a minimum radius of fifty feet (50').
v. Barrier free ramps are required only at intersection curb returns.
VI. In the event any of the transportation provisions above fall below any
applicable City standards, the minimum standards set by ASHTO shall
apply. For purposes of applying ASHTO standards, Clubhouse Drive
shall be considered an urban collector.
VII. All private streets shall have a total minimum right-of-way of fifty feet
(50').
5. All water and sewer lines that serve the Property shall be publicly owned and
maintained.
6. All water and sewer lines shall be designed and built according to City
standards.
7. A Public Utility Easement or other adequate water and sewer easement shall be
dedicated to the City of Denton for all water and sewer lines.
8. Utilities may be located within a public utility easement or other adequate water
and sewer easement dedicated to the City of Denton as shown on Exhibit D
attached hereto and made a part hereof by reference. The City is not responsible
for repairing damage to private streets resulting from City repairs to utilities
located underneath the street paving. However, if the City makes such repairs, the
City shall first give the Home Owners Association the option of paying to
upgrade the repair work so that the streets are repaired to City standards.
B. Permitted Uses. The following uses are permitted: (I) a maximum of 112 single family
dwelling units, and any accessory uses thereto including an amenity center; (2) gas wells,
including drilling operations and uses accessory to gas wells; and (3) offices not to
exceed a total of 8,000 square feet, and any accessory uses thereto. Permitted uses are
restricted to the areas shown on Exhibit B.
C. Minimum Lot Size. The minimum lot size shall be 5,000 square feet for single-family
uses. The minimum residential lot size requirements in Section 35.12.6 do not apply.
D. Minimum House Size. All single-family homes must contain a minimum of2,500 square
feet of air conditioned living space.
E. Minimum Yard Abutting a Sinde-Familv Use or District. The minimum yard when
abutting a single-family use or district shall be ten feet (10') plus one foot (I') for each
foot of building height above twenty feet (20').
F. Minimum Side Yard. The minimum side yard for single family uses shall be five feet
(5').
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G. Maximum Lot Coverage. There is no maximum lot coverage requirement for single
family uses.
H. Minimum Landscape Area for Single-Family Uses. The minimum landscaped area on a
single-family lot shall be fifteen percent (15%).
I. Pedestrian Access. Section 35.13.IO.A.2 does not apply.
J. Design Standards for Single-Family Uses. In lieu of complying with Section 35.13.13.1,
all residential buildings shall comply with the following standards:
I. Each single family dwelling shall be constructed utilizing at least three of the
following design features:
I. Dormers.
II. Gables.
111. Recessed entries, a minimum of three feet (3') deep.
IV. Covered front porches.
v. Cupolas.
VI. Architectural pillars or posts.
VII. Bay window, a minimum 24" projection.
Vlll. Clay tile, slate, copper, or high definition composition roofing materials.
IX. Fireplace chimneys matching exterior finish of home.
x. Windows and doors made of wood, metal clad or metal with bronze
anodized finish.
XI. Decorative wrought iron or wood railings as extensions of the architecture
of the home.
XII. Trim and accent colors that are dark, rich earth tones that come from stains
and refined woods, medium browns, or medium to dark greens.
XIII. 4:12 to 12:12 single pitch roofs or double pitch roofs up to 12:12, with
shed roofs used only as secondary elements.
XIV. Minimum ten foot (10') first floor wall height and minimum nine foot (9')
second floor wall height.
2. No garage door shall occupy more than 40% of the total building frontage, unless
the garage door is on a front facing garage located at least 30 feet behind the front
of the house. This requirement does not apply to garages facing an alley or
courtyard entrance.
3. No garage may extend beyond the front of the house, except side load or J-swing
garages.
4. No elevation may be repeated more frequently than every fifth lot on the same
side of the street. No elevation may be repeated on the lot directly across the
street or next door to the lot directly across the street.
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5. Primary entrances shall face the private street and sidewalk.
6. Windows shall be provided with trim or shall be recessed. Windows shall not be
flush with exterior wall treatment.
7. Exterior finishes shall consist of one of the following materials, or any
combination thereof: local stone, brick, plaster with stone, or wood. No more than
three materials shall be used for the exterior finish of a single dwelling unit.
K. Parking Behind Buildings. Section 35.13.13.4.A.8 does not apply.
L. Tree Preservation. The tree preservation requirements in Section 35.13.7 do not apply.
M. Buffer. A buffer that is a minimum of fifty feet in width, in the location shown on Exhibit
E, must be provided. Alterations to the required buffer area are prohibited except as
necessary to do the following: (1) accommodate drainage flows from adjacent and
upstream property and meet all applicable City drainage requirements; (2) construct a
fence or wall along the boundary of the Property; (3) install a retaining wall along the
east line of the buffer, if necessary; and (4) remove dangerous, diseased, or dead trees
from the buffer. The only machinery that may be used in the required buffer to do the
work described in the preceding sentence is machinery that is reasonably necessary and
appropriate to the scope of work being performed.
N. Clubhouse Drive. No additional lanes are required on Clubhouse Drive to serve single
family development, whether an additional lane is for the purpose of providing a turn
lane or bus lane or for any other purpose.
SECTION 5. If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way effect the validity of the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
SECTION 6. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 7. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to
be published twice in the Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas within ten (10) days of the date of its passage.
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PASSED AND APPROVED this the / (; - day of
L/l[ar
~~cL
,2006.
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~"*~ WI> b(,,,,
APPROVED AS TO LEGAL FORM:
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B'y< ==------:;::;
~DW1N'M:-SNYDER, CITY ARNEY
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Exhibit A
Metes and Bounds Description of the Property
47.402 ACRES
BEING A 47.402 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY,
ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING
PART OF A TRACT OF LAND, CONVEYED TO WINDJAMMER LTD. BY DEED
RECORDED IN COUNTY CLERK'S FILE NO. 98-R0062520, DEED RECORDS, DENTON
COUNTY, TEXAS, SAID 47.402 ACRE TRACT, WITH REFERENCE BEARING BEING
THE EAST LINE OF SUNDOWN RANCH PHASE 3, AN ADDITION TO DENTON
COUNTY, ACCORDING TO THE PLAT RECORDED IN CABINET U, PAGE 768-769,
PLAT RECORDS, DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID WINDJAMMER TRACT, SAID
POINT BEING A NORTHWEST ELL CORNER OF 201.38 ACRE TRACT OF LAND
CONVEYED TO THE STATE OF TEXAS BY DEED RECORDED IN VOLUME 435, PAGE
12, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE, SOUTH 89 DEGREES 49 MINUTES 03 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID WINDJAMMER TRACT AND THE NORTH LINE OF
SAID STATE OF TEXAS TRACT, A DISTANCE OF 1880.54 FEET TO POINT FOR
CORNER AT THE INTERSECTION OF THE SOUTH LINE OF SAID WINDJAMMER LTD.
TRACT AND THE EAST LINE OF AFORESAID SUNDOWN RANCH PHASE 3
ADDITION;
THENCE, NORTH 00 DEGREES 25 MINUTES 40 SECONDS EAST, ALONG THE EAST
LINE OF SAID SUNDOWN RANCH PHASE 3, A DISTANCE OF 1433.34 FEET TO POINT
FOR CORNER ON THE WEST LINE OF SAID WINDJAMMER TRACT;
THENCE, NORTH 00 DEGREES 27 MINUTES 30 SECONDS EAST, ALONG SAID
WINDJAMMER TRACT, A DISTANCE OF 353.91 FEET TO A POINT FOR CORNER;
THENCE, OVER AND ACROSS SAID WINDJAMMER LTD. TRACT, THE FOLLOWING
COURSES AND DISTANCES:
SOUTH 56 DEGREES 05 MINUTES 12 SECONDS EAST, A DISTANCE OF I 198.58
FEET TO A POINT FOR CORNER;
SOUTH 33 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF 619.52
FEET TO A POINT FOR CORNER;
SOUTH 79 DEGREES 51 MINUTES 56 SECONDS EAST, A DISTANCE OF 559.04
FEET TO POINT FOR CORNER ON THE EAST LINE OF SAID WINDJAMMER
TRACT AND A NORTHERLY WEST LINE OF AFORESAID STATE OF TEXAS
TRACT;
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THENCE, SOUTH 02 DEGREES 44 MINUTES 08 SECONDS WEST, ALONG SAID
COMMON LINE, A DISTANCE OF 500.71 FEET TO THE POINT OF BEGINNING AND
CONTAINING 47.042 ACRES LAND, MORE OR LESS.
9
Exhibit B
Depiction ofthe Property
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Exhibit C
Form of Deed Restrictions
ARTICLE II
THE STREETS
2.01 Private Streets. The Streets are private streets and have not been dedicated to, and
are not owned by the City. The following special provisions are applicable to the Streets:
(a) The Association will own the Streets; provided, however, neither
Declarant nor the Association makes any commitment that the Streets will always be private
streets [see Section 2.01(m) hereof]. Changes in ordinances of the City or other City action
could cause the Streets to no longer be private streets.
(b) As a condition of the City's approval of the Plat, Declarant was required to
submit to the City the same plans and engineering information required to construct public
streets and utilities, and is subject to the City requirements pertaining to inspection and approval
of street and utility improvements.
(c) The Association shall, and has the sole responsibility to, maintain the
Streets in a condition not less than the minimum standards required for public streets in the City,
and the Association shall make any further repairs to the Streets reasonably deemed necessary by
the City to ensure emergency access. The City, so long as the Streets are private and owned by
the Association, will have no obligation or right to maintain the Streets or to provide any Street
cleaning services. The Association's costs of maintaining the Streets will be collected from the
Owners through Assessments as provided in Article IV hereof.
(d) The Association will establish and maintain a maintenance reserve fund
(the "Street and Wall Reserve Fund") to pay future extraordinary maintenance costs of the
Streets and boundary privacy wall to be collected from the Owners through Assessments.
Following expenditure of any amounts from the Street and Wall Reserve Fund for such
extraordinary maintenance requirements or restoration, the amount thereof shall be reestablished
within such time and in an amount consistent with the purposes thereof.
(e) The Association will dedicate to the City, and to municipally franchised
utilities, for so long as the Streets are private, an easement to enter onto and use the Streets for
the provision of police and fire protection, garbage collection, and code enforcement, and
services related to the installation, repair, maintenance and billing of electric, water and
wastewater services, or municipally franchised utilities, and for any other purpose relating to the
exercise of a governmental service or governmental function and to remove any vehicle or
obstacle from the Streets that impairs emergency access. It is not intended that the City police
will make routine police patrols of the Streets or enforce traffic or parking ordinances or prepare
accident reports regarding occurrences on the Streets.
(I) Utilities serving the Subdivision shall be installed only in the Streets or in
designated utility easements shown on the Plat (except for individual utility connections from the
common utility lines to improvements constructed on a Lot).
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(g) The Plat shall contain a dedication to the City of all water, wastewater and
drainage improvements and shall further dedicate to the City and to all public utility entities
providing utility service to the Subdivision the right to use the Streets to construct, install,
maintain, operate, inspect, remove and reconstruct the facilities, equipment and systems that
serve the Subdivision.
(h) If the Association maintains mechanism(s) to control access to the Streets,
the Association shall maintain such mechanism(s) in good operating condition so as to allow
twenty-four (24) hour access to the Streets by the City and the providers of utility services to the
Subdivision, and shall install and maintain devices to open the controls automatically in response
to traffic signal preemption devices installed on emergency vehicles. If the Association fails to
maintain such access in a reliable manner, the City may enter the subdivision and remove any
gate or device which is a barrier to access at the sole expense of the Association. The
requirements of this paragraph may not be amended or removed without the written consent of
the City.
(i) The Association agrees to release, indemnify, defend and hold harmless
the City and any governmental entity or public utility that owns public improvements within the
Subdivision (collectively, the "Indemnitees") from and against any claims for damages to the
Streets, controlled access mechanisms and entrances and related appurtenances (collectively, the
"Street Improvements") caused by the reasonable use of the Street Improvements by the
Indemnitees (excluding, only, gross negligence), or for emergency use (without exclusion).
G) The Association agrees to release, indemnify, defend and hold harmless
the Indemnitees from and against any claims for damages to Property and injury to Persons
(including death) that arise out of the use of the Street Improvements by any person and that are
alleged to be caused by the condition of the streets or limited access system. The indemnification
contained in this Section shall apply regardless of whether a contributing factor to such damages
or injury was the negligent acts or omissions (excluding, only, gross negligence) or any person of
the Indemnitees or their respective officers, employees or agents.
(k) Each Owner agrees to release the Indemnitees from claims for damages to
property and injury to persons (including death) that arise out of the use of the Street
Improvements by any person and that are alleged to be caused by the condition of the streets or
limited access system.
(I) The obligations of the Association and the Owners set forth in Section
2.0I(i), Section 2.0I(j) and Section 2.01(k) hereof shall immediately and automatically
terminate, if, as and when the Streets have been dedicated to, and have been accepted by, the
City.
(m) Notwithstanding the provisions of Section 10.03 hereof, the provisions of
this Section relating to access to the Streets by the City and providers of utility services to the
Subdivision, or relating to the maintenance, indemnification and repair obligations of the
Association for the Streets, cannot be changed without the written consent of the City, until such
time, if at all, the Streets become public streets as provided in Section 2.0 I (n) hereof.
]2
(n) The Owners of at least eighty-two (82) Lots and Declarant [for so long as
Declarant owns at least one (1) Lot] shall have the right, at any time upon not less than sixty (60)
days prior written notice given to Declarant and the Association, to request the City to accept
dedication of all (but not less than all) of the Streets to the City as public streets. If the City
agrees to accept the Streets as public streets:
(i) Prior to dedication of the Streets to the City, the Association shall
make repairs, if any, to the Streets required to cause the Streets to, be
brought into compliance with City standards for public streets and shall
remove any mechanisms(s) controlling access to the Streets;
(ii) If the cost of such work exceeds the Street Reserve Fund, the
excess shall be collected from the Owners as Assessments; and
(iii) Upon completion of such work as approved by the City, the
Association shall dedicate the Streets to the City by special warranty
dedication deed subject to then existing matters of record affecting the
Streets (but free and clear of any private liens).
(0) So long as the Streets are private, (i) the Association shall not be dissolved
without the prior written consent of the City, (ii) the Owners must be Members of the
Association, and (iii) the provisions of this Section may not be amended or deleted from this
Declaration without the written consent of the City.
2.02 Limited Access Svstem. Declarant will install a mechanical system that limits
vehicular access to the Streets from public streets (the "System"). By accepting a deed to a Lot,
each owner acknowledges the following:
(a) The Board will have the sole authority, in the Board's sole and exclusive
discretion, to determine when the System will become operational;
(b) Neither Declarant nor the Association is responsible for providing security
to the Owners or their family members, guests, invitees or their property. The purpose of the
System will be to provide some degree of restriction of vehicular access onto the Streets.
However, there is absolutely no guarantee or assurance whatsoever that the presence of the
System will in any way increase the personal security or safety of any Owner or their family
members, guests, invitees or their property. Each Owner's personal and property security is that
Owner's own responsibility;
(c) The City will have access to the Property for emergency response, utility
access, code and law enforcement purposes, however, such access does not constitute a special
relationship, and the City police will not make routine patrols, enforce traffic or parking
ordinances or prepare accident reports in the Property;
(d) The System is not intended to replace or to serve in lieu of Individual
alarm systems or other measures to provide security at a residence or within any Lot or Lots.
Each owner is encouraged to install such Owner's own personal security devices to the same
13
extent that would be prudent if the System did not exist;
(e) The System will be installed based upon the representations of vendors
regarding the operational and performance capabilities of the components of the System.
DECLARANT DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, AND DECLARANT MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY NATURE WHATSOEVER REGARDING THE SYSTEM,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR THE PURPOSE FOR WHICH IT WAS
DESIGNED. Declarant does not expressly or impliedly guarantee that the System will avert or
prevent occurrences or consequences which the System is designed to avert or prevent;
(f) The System shall be owned by the Association. Operation of the System
shall be the responsibility of the Association. Declarant shall not be required to operate or
maintain the System. Costs of operation and maintenance of the System will be paid by the
Owners through Assessments;
(g) Each residence constructed on a Lot must be connected into the System,
and each Owner is responsible for using the System in the proper manner and within the rules
and regulations relating thereto as may be adopted from time to time by the Association; and
(h) Pursuant to requirements of the City, any private street which has an
access control gate or cross arm must have a minimum uninterrupted pavement width of 22 feet
at the access control device, and any overhead barrier must be a maximum of 14 feet in height
above the road surface, and all gates and cross arms must be of break-away design.
From Article IV of the Deed Restrictions
ASSESSMENTS
4.01 Covenants for Assessments. Each Owner, by acceptance of a deed or other
conveyance or transfer of legal title to a Lot, whether or not it shall be so expressed in any such
deed or other conveyance or transfer, shall be deemed to have covenanted and agreed to pay to
the Association, or to an independent entity (or agency which may be designated by the
Association to receive such monies), the following assessments (collectively, the
"Assessments"):
(a) Regular Assessments as provided in Section 4.02 hereof;
(b) Special Purpose Assessments as provided in Section 4.03 hereof; and
(c) Special Member Assessments as provided in Section 4.04 hereof.
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All Assessments shall remain the property of the Owner making payment of such Assessments
but shall be controlled and expended by the Association on behalf of the Owners only for the
specified purposes provided or approved pursuant to this Declaration. No profit gain or other
benefit is to be derived by the Association from the Assessments, but, instead, such funds shall
be expended only as agent for the Owners. All services contemplated to be paid from
Assessments shall be obtained by the Association on behalf of the Owners. Upon termination of
the Association (and not before), all Assessments held at that time by the Association shall be
allocated and returned to the Owners that paid such Assessments. No Assessments shall be
levied against the Streets or other Common Properties, or the Lots owned by Declarant;
provided, however, that Declarant shall pay the amounts, if any, pursuant to Section 4.02 hereof
agreed to be expressly paid by Declarant.
From Article VI. A portion of Section 6.02
The Association and the Members shall use the net insurance proceeds to repair and replace any
damage or destruction of property, real or personal, covered by such insurance. Any balance
from the proceeds of insurance paid to the Association remaining (after satisfactory completion
of repair and replacement) shall be retained by the Association as part of a general reserve fund
for repair and replacement of the Common Properties. Additionally, the Association shall
purchase liability insurance, naming the City as an additional insured, of the type and in the
amount determined by City as sufficient to insure the Association's indemnity obligations to
Indemnitees, as required in this agreement. If the insurance proceeds are insufficient to repair or
replace any such loss or damage, the Association may levy Special Purpose Assessment(s) or
Special Member Assessment(s) (if applicable) to cover any such deficiency.
From Article X. A Portion of Section 10.03
10.03 Amendments. Except as otherwise provided in Section 4.10 hereof, Section 10.13 hereof
or in this Section, this Declaration, or any provisions hereof, may be terminated or
amended as to any portion of the Properly only by a document duly executed and
acknowledged by Owners holding, in the aggregate, seventy-five percent (75%) of the
votes of all Members in Good Standing (both classes of Members) present at a duly
called meeting at which a Regular Quorum is present. No such termination or
amendment shall be effective until a written instrument setting forth the terms thereof has
been executed by the Secretary (herein so called) of the Association confirming the vote
of the Members adopting such termination or amendment as required above and recorded
in the Real Property Records of Denton County, Texas, Notwithstanding the above,
Declarant, without the joinder of any other party, shall have the sole and absolute right to
make minor changes or amendments to this Declaration, as determined by Declarant from
time to time, to correct or clarify errors, omissions, mistakes or ambiguities contained
herein, other than those specified to require City's consent.
From Article X. Section 10.12
10.12 Approval by the City. The provisions of Article IT hereof (for so long as the
15
Streets remain private as referenced in Article II hereof), Section 4.10 hereof or Section 9.05
through Section 9.06 hereof, and any other provision so stating, cannot be amended or deleted
from this Declaration without the written consent of the City. Other provisions of this
Declaration can be amended or deleted without the necessity of the consent of the City.
]6
Exhibit D
Utilities
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Exhibit E
Uoland Habitat Buffer Area
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