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HomeMy WebLinkAboutORD 75-12LLJ/cb 2/21/75��`j-per ORDINANCE NO. - ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR CLUSTER HOUSING DE- VELOPMENT FOR AN 8.505 ACRE TRACT IN ACCOR- DANCE WITH A PLAN OF DEVELOPMENT; AND PRO- VIDING FOR THE FILING OF A DECLARATION . WHEREAS, on November 18, 1974, the Planning and Zoning Commission of the City of Beaumont recommended the issuance of a specific use permit for cluster housing development to George J. Schaumburg, Jr. for that certain 8.505 acre tract of land hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizenry; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: That a specific use permit for cluster housing development in accordance with Section 42-20.1 and Section 42-20.4, as amended, including the amendment of this date, be granted to George J. Schaumburg, Jr.. for that certain 8.505 acre tract of land more particularly described as follows: That certain tract of land out of the H. Williams Survey, Abstract 56, Jefferson County, Texas, bounded on the North by Gladys Avenue, on the east by George Marshall Junior High School,on the South by the Sheridan Woods Subdivision, and on the West by a 65 foot drainage easement, con- taining in area 8.505 acres more or less. This specific use permit is expressly issued for and in accordance with that certain plan of development for the Wood Park Addition, dated October, 1974, and presented by George J. Schaumburg, Jr. to the Planning and Zoning Commission; which plan of development is,attached hereto as Exhibit A and made a part hereof for all purposes. Also attached hereto, as. Exhibit B, is that certain "Declaration of Covenants, Conditions, and Restrictions, Wood Park Additon, Unit I" executed by George J. Schaumburg, Jr. and dated February 4, 1975, and made a part of this specific use permit as fully and completely as though copied verbatim herein. As a. condition to the issuance of this permit, the declarant of Exhibit B hereof shall file in the appropriate records of the County Clerk of Jefferson -County, Texas, a copy of said Exhibit B prior to commencement of any construction of the cluster housing development. This permit is expressly issued subject to compliance with all appropriate provisions of the Code of Ordinances of the City of Beaumont. PASSED BY THE CITY COUNCIL this the f day of ? 1975. Mayor - -2- 2--4-75 • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WOODPARK ADDITION, UNIT I THIS DECLARATION, made on the date hereinafter set forth by George J. Schaumburg, Jr., hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property as /97s known 'as. Woodpark Addition, Unit I, in the City of Beaumont, County of Jefferson, State of Texas, which is more particularly described as: BEING 2.370 acres of land out of and a part of that certain 8.505 -acre tract of land in the H. Williams Survey, Abstract 56, Jefferson County, Texas, as follows, to -wit: BEGINNING at a concrete monument marking the northeast corner of the 8.505,acre tract conveyed by Sybil Howth, et al to George J. Schaumburg, Jr. by deed dated May 28, 1974, recorded in Volume 1835, Page 39 of the Deed Records of Jefferson County, Texas, and being the northeast corner of the tract herein described; THENCE South 001 43' 30" East along the east line of the 8.505 acre tract and along the east line of the tract herein described for a distance of 600 feet to a concrete monument for corner, being the south- east corner of the 8.505 acre tract and being the southeast corner of the tract herein described; THENCE South 890 15' 38" West along the south line of the 8.505 acre tract and along the south line of the tract herein described for a distance of 158.75 feet to a concrete monument for the southwest corner of the tract herein described; THENCE North 000 44' 22" West along the west line of the tract herein described for a distance of 105.00 feet to an iron pin for corner of,the tract herein described; THENCE North 68° 14' 22" West along the west line of the herein described tract for a distance of 17.56 feet to an iron pin for corner of the tract herein described; THENCE North 00° 43' 30" West along the west line of the tract herein described for a -distance of 488.28 feet to a concrete monument for the northwest corner of the tract herein described, said corner being located in the south right-of-way line of Gladys Avenue (formerly Hall Road); , �S 7� THENCE North 891 15' 38" East along the north line of the tract herein described and along the south right-of-way line of Gladys Avenue for a distance of 175.00 feet to the PLACE OF BEGINNING containing 2.370 acres of land, more or less. NOW, THEREFORE, Declarant hereby declares that all of the,properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any,part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Woodpark Home Owners Association, a Texas Non -Profit Corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association -2- for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time.of the conveyance of the first lot is described as follows: Lots 10, 11 and 12 shown upon the recorded subdivision plat of Woodpark Addition, Unit I, which is being recorded in the Map Records of Jefferson County, Texas con- temporaneously with the recording of this Declaration; together with the street(s) shown upon said plat and the water and sanitary sewer systems hereinafter mentioned. Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to George J. Schaumburg, Jr., his heirs, executors and administrators as such heirs, executors and administrators should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section 1. Existing Property. The real property which is, and shall be, held,.transferred,.sold, conveyed, and occupied subject to this Declaration is'located in Woodpark Addition and is designated as Woodpark Addition, Unit I and which is more particularly described as follows: BEING 2.370 acres of land out of and a part of that certain 8.505 acre tract of land in the H. Williams Survey, Abstract 56, Jefferson County, Texas, as follows, to -wit: BEGINNING at a concrete monument marking the northeast .corner of the 8.505 acre tract conveyed by Sybil Howth, et al to George J. Schaumburg, Jr. by deed dated May 28, 1974,.recorded in Volume 1835, Page 39 of the Deed Records of Jefferson County, Texas, and being the northeast corner of the tract herein described; THENCE South 00° 43' 30" East along the east line of the 8.505 acre tract and along the east line_ of the tract herein described for a distance of 600 feet -3- to a concrete monument for corner, being the south. east corner of the.8.505 acre tract and being the southeast corner of the tract herein described; THENCE South 89° 15' 38" West along the south.line of the 8.505 acre tract and along the south line of the tract herein described for a distance of 158.75 feet to a concrete monument for the southwest corner of the tract herein described; THENCE North 001 44' 22 West along the west line of the tract herein described for a distance of 105.00 feet to an iron pin for corner of the -tract.herein. described; THENCE North 6$° 14' 22" West along the west line of the herein described tract for a distance of 17.56 feet to an iron pin for corner of the tract herein described; THENCE North 00° 43' 30" West along the west line of the tract herein described for a distance of 488.28 feet to a concrete monument for the northwest corner of the tract herein described, said corner being located 'in the south right-of-way line of Gladys Avenue (formerly Hall Road); THENCE North 891 15' 38" East.along the north line of the tract herein -described and along the south right-of-way line of Gladys Avenue for a distance of 175.00 feet to the PLACE OF BEGINNING containing' .2.370 acres of land, more or less; all of which _real property shall hereinafter be referred to -as "existing property." Section 2. Future Development.' Declarant, his heirs, executors, administrators and assigns, shall bring within the scheme of this Declaration the additional properties, consisting of 6.135 acres, designated for."Future Development" on the.plat recorded contemporaneously with this Declaration. The additions provided under this section shall be made by filing of.record.a Supplementary Declaration of covenants, . conditions and restrictions with respect to the additional property which shall extend the scheme of the.covenants. Such Supplementary Declaration shall in all respects conform .to _the, .requirements and restrictions of the Cluster Housing Ordinance of the City of Beaumont, Jefferson -County, Texas (Section 42=20.4 of the Code of Ordinances of the City of Beaumont, as amended)'. _4- 2-19-75 • I Such Supplementary Declaration may contain such compli- mentary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such.Supplementary Declaration revoke, modify or add to the covenants established by this. Declaration within the existing property. Without.limiting the generality of the foregoing, Lots 10, 11 and 12, designated as Common Area in Woodpark. Addition, Unit I shall be released from the covenants, conditions and restrictions applicable. to Common Area under this Declaration upon the -filing of a Supplementary Declaration which shall dedicate as Common Area that property designated ..for "Future Common Area on the plat contemporaneously recorded with this Declaration. Upon the filing of such a Supplementary Declaration, Declarant shall have.the right to sell such property free of the covenants.and restrictions placed upon this Common Area by this Declaration, but subject to the conditions and restrictions applicable to other Lots within Woodpark Addition, Unit I. ARTICLE III PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: -5- (a) the right of the Association to charge rea- sonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of members has been recorded. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the members of his family, his tenants, or contract purchasers who reside on the property. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of.a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all . such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned._ The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes out- standing in the Class B membership, or (b) on January 1, 1980. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following assessments to be established and collected as hereinafter provided: (a) monthly assessments for prorata share of certain utility services including water, sanitary sewer and solid waste disposal, which may be metered or assessed to the Association Ora 2=12-75 as a unit; (b) annual assessments for a prorata share of maintenance and repairs of the Common Area; and (c) special assessments for capital improvements and extraordinary maintenance and.repairs.not previously estimated, which may be assessed from time to time by the Association. All assessments, together with interest, costs, and reasonable attorneys fees, shall be a charge on the land and shall be - a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the.personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote .the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and to provide for water, sanitary sewer, and solid waste services. Section 3. Monthly Assessments for Utilities. Except as -hereinafter provided, Owners shall be assessed monthly for the prorata share of the monthly utilities metered or assessed to the Association as a unit. The monthly assessments shall be payable ten (10) days after receipt by the Owner of notice of the Association's assessment and his own prorata share. In addition to the monthly assessment, each Owner shall be required to maintain a $50 deposit with the Association to secure the payment of assessments. W 1-22-75 Section 4. Maximum Annual Maintenance Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual main- tenance assessment shall be Three Hundred Sixty Dollars ($360.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual maintenance assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January l of'the year immediately following the conveyance of the first Lot to an Owner, the maximum annual maintenance assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting.duly called for this purpose. (c) The Board of Directors may fix the annual maintenance assessment at an amount not in excess of the maximum. Section 5. Special Assessments for Capital Improvements. In addition to the annual maintenance assessments authorized above, the Association may levy, in any assessment year, a special assess- ment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, providE:d that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. -9- • Section 6. Notice and Quorum for Any Action Authorized Under Sections 4 and 5. [written notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5 shall be sent to all members not less than 30 days nor more than 60 days in advance 'of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum.. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and`the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 7. Uniform Rate of Assessment. Except as hereinafter provided, annual and special assessments for maintenance must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Declarant shall not be responsible for the payment of assessments on unimproved Lots until three (3) months after commencement of construction upon an unimproved Lot. For purposes of this section, commencement of construction shall be construed as the date upon which a building permit is issued by the municipal authorities. Section 8. Date of Commencement of Annual Maintenance Assessments:, Due Dates. The annual maintenance assessments provided for herein shall commence as to all Lots on the earlier to occur of the following: (1) the conveyance of a Lot by the Declarant to an Owner, or (2) three months following the commencement of construction by Declarant -10- upon an unimproved Lot. The first annual assessment shall be adjusted according to the number of months remaining , in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Associa- tion shall, upon demand, for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association. as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9. Effect of Nonpayment of Assessments:: Remedies of the Association. Any assessment not paid within ten (105 days of the due date shall bear interest from the due date at the rate of 10 percent per annum. To secure the prompt payment of the aforementioned assessments, a lien is hereby created and granted for the benefit of the Association upon each Lot, and all improvements, additions, fixtures and appurtenances hereinafter placed thereon. The Association may bring an action by law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or other- wise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. -11- 2-4-75 Section 10. Power of Sale. To secure and enforce the payment of said assessments, and for the auxiliary and cumulative enforcement of said lien hereinabove created, Declarant has granted, sold and conveyed and.by these presents does grant, sell and convey unto Pat T. Peyton, Jr., Trustee, of Jefferson County, Texas, and his substitutes or successors, the hereinbefore described real property and all improvements, additions, fixtures and appurtenances hereafter placed thereon. To have and to hold the said premises, together with the rights, privileges and appurtenances unto the said Trustee, and to his substitutes or successors forever. And Declarant does hereby bind himself, his heirs, executors, administrators and assigns, to warrant and forever defend the said premises unto the said Trustee, his substitutes, successors and assigns forever, against the claim or claims of all persons claiming or to claim the same, or any part thereof, for and upon the following trusts, terms, covenants and agreements, to -wit: That whereas, Declarant, his heirs, executors, administrators and assigns may hereafter become justly indebted to the Association, as evidenced by the hereinbefore mentioned assessments. Should Declarant, his heirs, executors, administrators and assigns do and perform all of the covenants and agreements herein contained and make prompt payment of the assessments hereby secured as the same shall become due and payable, then this conveyance shall become null and void and of no further force and effect. That in,the event of default the payment of any assessment hereby secured, in accordance with the terms hereof, it shall thereupon, or any time thereafter, be the duty of the Trustee, or his successor or substitute, at the request of the Association (which request is hereby conclusively presumed) to enforce this trust and after advertising the time, place and terms of the sale of the above described and conveyed property, -12- 2-4-75'tl�,iS-1 a or any portion thereof, for three consecutive weeks prior to the day of sale by posting written or printed notices thereof at three public places in Jefferson County, Texas, one of which notices shall be posted at the Courthouse door of said County, and which notices may be posted by the Trustee acting, or by any person acting for him, to sell the above described and conveyed real property, or any portion thereof, at public auction in accordance with such notice at the Courthouse door of Jefferson County, Texas, on the first Tuesday in any month between the hours of 10:00 o'clock a.m. and 4:00 o'clock p.m., to the highest bidder for cash, selling all of the property as an entirety or in parcels as the Trustee acting may elect, and make due conveyance to the purchaser or purchasers, with general warranty binding the grantor, his heirs and assigns; and out of the money arising from such sale, the Trustee acting shall first pay all expenses of advertising said sale and making the conveyance, and then to the Association the full amount of assessments owing, interest thereon, and reasonable attorney's fees, rendering the balance of the sales price, if any, to grantor, his heirs or assigns; and the recitals in the conveyance to said purchaser or purchasers shall be full and conclusive evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed and such sale and conveyance shall be conclusive against grantor, his heirs and assigns. It is especially agreed that, in the event of a foreclosure under the powers granted herein, the person in possession of said property shall thereupon become the tenant -at -will of the purchaser at such foreclosure sale, and should such tenant refuse to surrender possession of said property upon -13- 2-4-75 demand, the purchaser shall thereupon, at his or her option, be entitled to institute and maintain the statutory action for forcible detainer and procure a writ of possession thereunder. This possession shall in no wise preclude the purchaser from bringing any other legal action for the possession of said property and the bringing of one character of action shall not preclude the other and same may be exercised separately or simultaneously. Section 11. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to any purchase money mortgage or any constitutional mechanic's and materialman's lien contract, or any renewal or extension of same.' Sale or transfer of any Lot shall not affect the assess- ment lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 12. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; except that the existence of an easement on any Lot shall not exempt such Lot from full and uniform assessment as if such easement were not located thereon; (b) all Common Area as defined in Article I, Section 4 hereof; and (c) all property exempted from taxation by the laws of the State of Texas, upon the terms and to the extent of such legal exemption. Notwithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempted from said assessment, charges or liens. Section 13. Insurance. (a) The Board of Directors of the Association shall obtain and continue in effect blanket property insurance to insure the buildings and structures in the Common Areas and the Association against risks of loss or damage by fire and other hazards as are covered -14- under standard extended coverage provisions; and said insurance may include coverage against vandalism. (b) The Board of Directors of the Association shall obtain comprehensive public liability insurance in such . limits as it shall deem desirable, insuring the Association, its Board of Directors, agents and employees, and each Owner, from and against liability in connection with the Common Areas. (c) Each Owner shall be responsible at his own expense and cost for his own personal insurance on the building and contents of his own residence, carport or parking space and his additions and improvements thereto, including decorations, furnishings and personal property therein, and his personal property stored elsewhere on the Properties; and for his personal liability not covered by liability insurance for all Owners obtained as a part of the common expense. (d) All costs, charges and premiums for all insurance that the Board of Directors authorized as provided,herein shall be a common expense of all Owners and be a part of the maintenance assessment. Section 14. Books and Records. Proper books and records shall be kept with reference to all assessments, and each Owner shall at all reasonable times during business hours have access thereto. The books and records shall be kept in such a manner as to separately identify the payments and assessments for utility service, maintenance and capital improvements. No payment or assessment for each individual assessment account shall be transferred or debited or credited to another account. -15- 2-13-75 ARTICLE VI ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be. commenced, erected or maintained upon the Properties, nor shall any exterior addition to'or change or alteration therein be made until the plans and specifications showing the nature, kind, shape,.height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board; provided, however, that the aforementioned approval shall not be required of Declarant as to construction by Declarant upon any of the Lots in the subdivision.- In the event said Board, or its designated committee, fails to approve or disapprove.such design and location within thirty .(30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII I-MINTENANCE The Association shall maintain and keep in repair the Common :Area and all improvements thereon including but not limited to streets, water distribution system and sanitary sewer collection system as set out in Article X, buildings, recreation and parking .areas, and walkways. Each Lot Owner shall maintain and keep in repair his own Lot and all improvements thereon, including but not limited to the exterior of the residence and those items set out in Article VIII, IX and X. -16- ARTICLE VIII PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. =17- Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under.the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. Should any party refuse to choose an arbitrator within ten (10) days after written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing party. ARTICLE IX USE RESTRICTIONS The Lots and the Common Area shall be occupied and used as follows: Section 1. Residential Use. No Owner shall occupy or use his Lot or building thereon, or permit the same or any part thereof -to be occupied or used for any purpose other than as a private residence for the Owner, his family, guests'and tenants. Section 2. Obstruction of Common Area. There shall be no obstruction of the Common Area. Nothing shall be stored in the Common Area without the prior written consent of the Board of Directors. Section 3. Insurance. Nothing shall be done or kept in the Common Area which will increase the rate of insurance on the Common Area, without the prior written consent of f as-1�-7s the Board of Directors. No Owner shall permit anything to be done or kept in the Common Area which will result in the cancellation of -insurance -on any.part of the Common Area, or which would be in violation of any law. No waste will be committed in the Common Area. Section 4. 'Nuisances. No noxious or offensive activity shall be carried on upon any Lot, or the Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the other Owners. No boat, trailer, truck, camping or recreational vehicle, or motorcycle shall be parked or stored in front of any dwelling unit for more than 48 hours. No repair work, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway or yard adjacent to a street, or in the Common Area. Section 5. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, barn, servants quarters or other out buildings shall be used on any Lot at any time as a residence, either temporarily or permanently; nor shall any .used residence or other used structure be moved onto any Lot. During the construction and sales period of the initial dwelling units the builder may erect and maintain such structures as is customary in connection with such construction and sale of such property, including, but without limitation, a business office, storage areas, construction yards, signs, model units and sales offices. Section 6. Signs. No sign of any kind shall be displayed to public view on any Lot or building except one.sign of not more -than -five (5) square feet in -area advertising__._. the merits of the property for sale or rent. During the construction and initial sales period of the dwelling -19- � psi a -7 10 units the builder -may use other signs and displays to advertise the merits of the property for sale or rent. Section 7. Oil and Mining Operations. No ga.s or oil drilling, gas or oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. Section 8. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets, not to exceed a total of two (2) pets, may be kept provided that they shall not become a nuisance and are not kept, bred, or maintained for any commercial purposes. Section 9. Garbage and Refuse Disposal. No Lot shall be used or maintained as dumping ground for rubbish. Trash, garbage or other waste shall be kept screened by adequate planting or fencing so as to conceal them from public view. There is reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be through public authority or through private garbage disposal contractor(s). All incinerators or other equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition. Section 10. Sewage Treatment. No sewage treatment system shall be permitted on any Lot. -20- Section 11. Use of Common Areas. Except in the individual yard areas appurtenant to a residence, no planting 'or gardening .shall be done, and no.fences, hedges or walls shall be erected or maintained upon said Property except such as are installed_ in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or their designated architectural committee.. Except for the right of ingress and egressand the right and easement of enjoyment as defined herein, the Owners are hereby prohibited and restricted from using any of said Property. outside the. exterior Property lines of each Lot, except as may be allowed by the Association's Board of Directors. It is expressly acknowledged and agreed :by all parties concerned that this paragraph is for the mutual benefit of all Owners .of the Properties, and any additions thereto,- and is necessary for the protection of said Owners. Maintenance, upkeep and repairs of any rear, side, and patio, yard shall be the sole responsibility of the individual owner and not in any manner the responsibility of the Association. Any cooperative action . necessary or appropriate to:the proper maintenance and upkeep of the Common. Area.- all improvements on the Common Area, including but not limited to, buildings, recreation and parking areas and walks, shall be taken by the Board of Directors or by its duly delegated representative. Section 12. Owner's Maintenance. The Owner shall maintain- and keep in repair the following equipment and lines located outside the residence: air conditioning compressor condenser, including pipes and electrical lines connecting same to the residence, sanitary sewer line connecting the residence 7S -/a y c - to the sanitary sewer collection system, electric power service conductors from the exterior of the building to the point of connecting to the electric utility company's junction box or transformer, electric circuit breakers, any portion of natural gas, and/or telephone service lines located on the Lot but not maintained by the gas and/or telephone companies. An Owner shall do no act nor any work that will impair the structural soundness or integrity of another residence or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other residences or their Owners. Section 13. Outside Antennas. Without prior written approval of the Board of Directors, no exterior television or radio antennas of any sort shall be placed, allowed or maintained upon any portion of the improvements to be located upon the Property, nor upon any structure situated upon the Property other than an aerial for a master antenna system, should any such master system or systems be utilized and require any such exterior antenna. Section 14. Annoyance. No activity shall be carried on upon any Lot or the Common Area which might reasonably be considered as --giving annoyance to neighbors of ordinary sensibilities and which might be calculated to reduce the desirability of the Property as a residential neighborhood, even though such activity be in the nature of a hobby and not carried on for profit. ARTICLE X EASEMENTS Section 1. Construction. Each Lot and the property included in the Common Area shall be subject to an easement -22- r 1/1975 for encroachments created by construction, settling and overhangs, as designed -or constructed by the Declarant. Without limiting the generality of the foregoing, it is expressly recognized that the edge of a foundation may be located on a lot line. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist. In the event the structure containing two or more residences is partially or totally destroyed, and ten rebuilt, the Owners so affected agree that minor encroachments of parts of the adjacent residential units on Common Areas due to construction shall be permitted and that a valid easement for said encroach- ment and the maintenance thereof shall exist. Section 2. Utility, Emergency and Association. There is hereby created a blanket easement upon, across, over and under all of said property for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones and electricity, and a master television antenna system. By virtue of this easement, it shall be expressly permissible for the providing electrical and/or telephone company to erect and maintain the necessary poles and other necessary equipment on said property and to affix and maintain electrical and/or telephone.-. wires,,circuits, meters and conduits on the exterior walls of said residences. An easement is further granted to all police, fire protection, ambulance, garbage and trash collector pick-up vehicles and all similar persons to enter upon the Common Area in the performance of their duties. Further, an easement is hereby granted to the Association, its officers, agents, employees, and to any management company selected -23- 2-12-75 • by the Association to enter in or.to cross over the Common Area and any Lot to perform the -duties of maintenance and repair of the residence or Common Area provided for herein. Notwithstanding anything to the contrary containedin this paragraph_, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on said Property except as initially programmed and approved by the Declarant or there- after approved by Declarant or the Association's Board of Directors. Should any utility furnishing a service need.an easement by separate recordable document, Declarant shall have the right:to grant such easement on said Property without conflictingwith the terms hereof. The easements provided for in this Article shall in no way -affect any other recorded easement on said premises. Section 3. Underground Utility Services. (a) Underground Electric Service. An underground electric distribution system will be installed to all Lots. The electric company at its own cost shall furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Safety Code) transformers, energized' secondary junction boxes, underground service cable and appurtenances to the point of the electric company's. meter on the customer's structure. The electric company furnishing service shall make the necessary connections at all outside points of attachment and at the meter. For so long as underground service is maintained, the electric service to .each Lot shall be uniform in character and exclusively of the type known as single phase, 120/240 volt, three wire, 60 cycle,_ alternating current. -24- ,. 7 s a 7 (b) Telephone Service. Telephone service shall. be'available to each Lot and Common Area. Service between the telephone company's main lines and an individual resi- dence may be by way of underground conduit and, if so, such conduit system shall be owned and maintained I by the Owner, but all service wires therein shall be installed, owned and maintained by the telephone utility. (c) Water Service. Water service shall be provided to each Lot by way of a water distribution -system owned by the Association and connected by means of master meters to City of Beaumont mains. The distribution system between the point of connection to.the City of Beaumont mains and the points where the pipe penetrates the exterior wall of each residence shall be the property of the Asso- ciation and shall be operated and maintained by the Association. (d) Sanitary Sewer Service. Sanitary sewer service shall be provided to each Lot by means of a sanitary sewer collection system owned by the Association, which sanitary sewer collection system shall, be connected to City of Beaumont sanitary sewer system for final treatment. That portion of the sanitary sewer service line from the point that it connects to the collection system owned by the Association to and throughout the residence shall be owned and main- tained by the Owner. (e) Use of Easements. Easements for underground utility services may be crossed by driveways and walkways provided the Declarant or Builder makes prior arrangements with the Utility furnishing. service. Such easements for underground services shall be kept clear of all other improvements, including buildings, patios, or other pavings, other than crossing walkways or driveways, and -25- 7 (T 5419 7S_ neither Declarant nor any utility company using the ease- ments shall be liable for any damage done by either of them or their assigns, their agents, employees, or servants, to;shrubbery, trees, flowers, or other improvements of the Owner located on the land covered by said easements. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term.of twenty (20) years from the date this Declaration_ is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instru- ment signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. -26- No Text y STATE -OF TEXAS X COUNTY OF JEFFERSON X Q-5-/ 9 7E' Before me, the undersigned authority, on this day personally appeared George J. Schaumburg, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged . to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 19th day of February 1975. — -- Notary Public in and for Jefferson County, Texas RHONDA JENKINS My commission expires day of 19-7-5- -_- r3 GT &7E • AA el c WAI 'TC ju c2 0 25 4:5 cc \ it) rl- • AA No Text No Text m M Como tit SO WNW WhA �Y 0 -ST; - - - - - - - - - - - - - - e"O' ............ je. m ul ANT" OW WHAT VII ANY W. oozy, �v Tom I . . . . . . . . . . . . . . . . . . . . . . . . . . . B 41-143as- 7-7 . . . .......... . 77, A At 1; Gig --4 z 0 cc w T (f) FL - LI) IT 80 IS"FL 18. -5 L J) k—,