Declaration Of Covenants,
Conditions & Restrictions
For Highlands Glen
• 3.3. FILL DIRT DISCLOSURE.
The land in Highlands Glen is not native virgin soil. As is
evident on visual inspection, the elevation of most of
Highlands Glen is higher than surrounding terrain. The
higher elevation is achieved by the addition of fill dirt and
other material which are contained within perimeter
retaining walls, and which were compacted and tested
before improvements were constructed on the elevated
surface. Surveyors certified to Declarant and to public
officials that the fill meets or exceeds the requirements of
governmental authorities with jurisdiction over the
Property. Neither Declarant nor the Association make any
representation or warranty about any aspect of the fill
material or the quality of the soil on a lot, such as its
nutritional value for plants. This disclosure is made to give inquiry notice to prospective owners, who may make their own
determinations.
3.4 VENTILATED FOUNDATIONS.
Each of the first generation of Highlands Glen homes constructed by Declarant or its affiliates has a foundation system that is
specially designed to passively redirect underground vapors away from the dwelling. Because the system is designed to be
passive, it consumes no utilities and does not require active maintenance. Each homeowner should become sufficiently
informed about this feature of the home in order to preserve the integrity of the system.
• 3.7.4. Savage Landfill.
A tract of land north of Highlands Glen, once owned by Russell H. Savage and known as the "Savage Landfill," was permitted
and used as a landfill and possibly as a gravel quarry at various times since 1966. In 2013, some governmental and quasi-
governmental online resources report that the site has not been used as a landfill in recent years. Neither the Association nor
Declarant makes any representation of any kind about the Savage Landfill, except to note the existence.
Special Addendum To Contract Of Sale Notice To Buyers Regarding Landfill
Community: Highlands Glen, Demon County, Texas
[Special Addendum to Contract in .pdf]
SELLER: D.R. Horton - Texas, Ltd. (DFW West Division) doing business as Emerald Homes
The following information is provided to the undersigned buyer(s) (individually and collectively, whether one or more,
"Buyer") as a courtesy and not as an inducement to purchase. To avoid any confusion, no representative or agent of Seller is
authorized to make any representation or other statement regarding the subject matter of this Addendum, and Buyer may not
rely on any such representation or statement.
An old, closed landfill known as the Savage Landfill (the "Landfill") is located north of the Community in which you are
purchasing property (your lot is hereinafter called the "Property"). You should note the location of the Landfill relative to the
Property. TO SELLER'S KNOWLEDGE, BASED SOLELY ON PUBLICLY AVAILABLE INFORMATION, THE LANDFILL HAS
NOT BEEN ACTIVE SINCE APPROXIMATELY 1985. Further information and disclosures regarding the Landfill may be found
with the Texas Commission on Environmental Quality (TCEQ) at the following website:
http://www15.tceq.texas.gov/crpub/index.cfm?fuseaction=iwr.viewAddnDetail&addn_id384454892001300&return=regent
Or you may contact the TCEQ Municipal Solid Waste Division directly at 12100 Park 35 Circle, Austin, TX 78735. (512)
239-2335
TESTING HAS SHOWN THAT METHANE GAS IS PRESENT IN TIIE COMMUNITY AND MAY BE PRESENT
ON THE PROPERTY, THE SOURCE OF THE METHANE GAS NOT BEEN DETERMINED, BUT IT IS POSSIBLE THAT IT IS
MIGRATING FROM THE LANDFILL. AS A PRECAUTION, THE RESIDENCE ON, OR TO BE CONSTRUCTED ON, THE
PROPERTY HAS, OR WILL HAVE, A PASSIVE VENTING SYSTEM DESIGNED TO MINIMIZE ACCUMULATION OF
METHANE GAS.
Additionally, substantial amounts of fill materials were used to raise the elevation of portions of the Community to facilitate
development.
Buyer further acknowledges and agrees that this Addendum (i) is not intended to, and does not, constitute a full disclosure
of all conditions that might affect the Property or the Community, and (ii) does not impose upon Seller any duty or obligation to
make any further or future disclosures to Buyer concerning the Property and the Community, and (iii) does not relieve Buyer
from its obligations to investigate the Property and the Community to satisfy itself that the Property and
the Community are satisfactory to Buyer.
The undersigned Buyer hereby acknowledges receipt of this Addendum at or prior to execution of the Contract for the
purchase of the Property.
By executing this Addendum, Buyer, in its sole discretion, has voluntarily elected to enter into the Contract and close the
purchase of the Property in accordance with the Contract, and accepts the obligations and consequences of ownership of the
Property, including all risks related to any items disclosed in this Addendum. BUYER FURTHER AGREES TO, AND DOES
HEREBY RELEASE SELLER FROM, ANY AND ALL CLAIMS, COMPLAINTS, CAUSES OF ACTION, LOSS, DAMAGE, OR
OTHER LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE LANDFILL, THE PRESENCE OR ABSENCE OF
METHANE GAS, THE PASSIVE VENTING SYSTEM, THE PRESENCE OF FILL MATERIALS, AND ANY OTHER ITEMS
DISCLOSED IN THIS ADDENDUM. Buyer acknowledges that no representative or agent of Seller has made any statement,
representation or assurance regarding the Landfill, the presence or absence of methane gas, the passive, venting system, the
presence or absence of fill or any other items disclosed in this Addendum that has induced Buyer to buy the Property from
Seller. Buyer further acknowledges and agrees that Seller has no duty or obligation to provide any further information to Buyer
regarding the subject matter of this Addendum.
Emerald Homes Research via DavidS
Tuesday, 29 December, 2015
Emerald Homes /Horton did soil tests and bored holes in the ground and did about $200K of soil testing before purchasing the
land; they would not have bought the land otherwise. Horton doesn’t build on questionable property. When DavidS contacted
Roanoke city officials, the city of Roanoke told him the land where the Savage Landfill was, is not going to be developed. It will
remain a "green belt" containing a flood zone.
North Central Texas Council of Governments
Closed and Abandoned Municipal Solid Waste Landfill Inventory Update
FacilityID: 644
Facility Name: RUSSELL H. SAVAGE
View facility information from TCEQ
Facility ID: 644
Type: 1LF
Status: Closed
Permit: Permitted
Public or Private: Public
Opened: 1/1/1966
Closed: 2/17/1989
City: Roanoke
County: Denton
NCTCOG Location Description: 2 MILES N OF ROANOKE, 0.25 E OF 377 (pre-11/2007 consolidation with Roanoke)
Lat: 33.02501 Long: -97.20835 Accuracy: 1
Land Units: A 704, Tract 1 Acres: 30 Affidavit Public: No
Land Use in 2000: active gravel pit
Tons Per Day: 1
Last Updated: 5/13/2014
Comments: Depicted southern boundary of landfill is not certain, no evidence of landfill debris up to 260 feet north of southern
boundary. Copy of soil boring results in file. Database updated to reflect lack of metes/bounds and city change to Roanoke.
Also to show City of Roanoke as property owners.
Texas Commission on Environmental Quality
Regulated Entity Information
RN Number: RN100629724
Primary Business: No primary business description on file.
Street Address: No street address on file.
County: DENTON
Nearest City: DENTON
State: TX
Near ZIP Code: No near zip code on file.
Physical Location:
ON US 377 SOMEWHERE IN DENTON COUNTY
Affiliated Customers - Current
Your Search Returned 5 Current Affiliation Records (View Affiliation History)...
United States Environmental Protection Agency
National List of Asbestos Landfills
Include current hits (0) -> RUSSELL H. SAVAGE
Methane Gas
that could ruin a real estate deal.