HomeMy WebLinkAboutORD 78-961 } l
ORDINANCE NO.
ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A
SPECIFIC USE PERMIT FOR CLUSTER HOUSING DE-
VELOPMENT FOR A 12.87 ACRE TRACT HEREIN DE-
SCRIBED IN ACCORDANCE WITH A PLAN FOR DEVELOP-
MENT; PROVIDING FOR THE FILING OF A DECLARATION
OF COVENANTS COVERING THE 12..87 ACRE TRACT.
6 "L d, '� 594
G1 _ a _ c
WHEREAS, on April 17, 1978, the Planning and Zoning Commission
of the City of Beaumont recommended the issuance of a specific use permit
for cluster housing development to Carl W. Kohler and hi:s heirs, repre-
sentatives, successors, and assigns for that certain 12.87 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, subject to the hereinafter described con-
ditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit for cluster housing development
in accordance with Section 42-20.1 and Section 42-20.4, as amended, be
granted to Carl W. Kohler and to his heirs, legal representatives, suc-
cessors and assigns for that certain 12.87 acre tract of land, more par-
ticularly described as follows:
BEING a 12.87 acre tract of land out of the
H. Williams Survey in Beaumont, Jefferson
County, Texas and being part of Block 1 of
the A. K. Daniels Subdivision and Lot 21,
Block 31 of Calder Highlands Addition, a
subdivision recorded in Vol. 4, Page 155-
157 of the Map Records of Jefferson County,
Texas and said 12.10 acre tract of land
being more particularly described by metes
and bounds as follows:
FOR locative corner begin at an iron stake
in the North right-of-way line of Delaware
Street locating the Southeast corner of Lot
5, Block 31 of said Calder Highlands Ad-
dition; said iron stake lies in the common -
line between Blocks 1 and 2 of said A. K.
Daniels Subdivision;
THENCE North 0 degrees 45 minutes 29 seconds
West and the East line of Block 31 of said
Calder Highlands Addition and with the West
line of Block 1 of said A. K. Daniels Sub-
division a distance of 282.0 feet to an iron
6-71-16 %—/9-7d' �7
stake locating the Southwest and the begin-
ning corner of the tract of land herein
described; said iron stake also locates
the Northeast corner of Lot 6 and the South-
east corner of Lot 7 of Block 31 of said
Calder Highlands Addition;
THENCE North 0 degrees 45 minutes 29 seconds
West with the East line of said Block 31 a
distance of 2100.0 feet to an iron stake for
corner, said iron stake locates the North-
east corner of Lot 20 of said Block 31;
THENCE South 89 -degrees 14 minutes 31 seconds
West with the North line of said Lot 20 and
the South line of Lot 21 a distance of 223.33
feet to an iron stake for corner in the East
line of Lucas Drive;
THENCE North 0 degrees 45 minutes .29 seconds
West with the East line a distance of 150.0
feet to an iron stake for corner in the South
line of Lot 22 of said Block 31;
THENCE North 89 degrees 14 minutes 31 seconds
East with the South line of said Lot 22 a
distance of 223.33 feet to an iron stake for
corner said iron stake locates the Southeast
corner of Lot 22 and the Northeast corner of
Lot_21 of said Block 31;
THENCE North 0 degrees 45 minutes 29 seconds
West with the East line of Lot 22 a distance
of 110.0 feet to an iron stake for corner;
said iron stake locates the Northeast corner
of said Lot 22 and the Northwest corner of
Block 1 of the A. K. Daniels Subdivision;
THENCE North 89 degrees 17 minutes 16 seconds
East with the North line of said Block 1 a
distance of 223.33 feet to an iron stake for
corner in the East line of said Block 1 and in
the east line of the H. Williams League;
THENCE South.0 degrees 45 minutes 29 seconds
East with said line and at 241.06.feet pass an
iron stake locating the Northwest corner of
Lot 21, Block 4 of the Westmont Addition, a
subdivision recorded in Vol. 10 Page 139 of
the Map Records of Jefferson County, Texas and
continue with the West line of the Westmont
Addition and with the East line of the H. Williams
League and with the East line of Block 1 of said
A. K. Daniels Subdivision a total distance of
2360.0 feet to an iron stake for corner in the
West line of the All Saints Episcopal Church and
School tract;
THENCE South 89 degrees 17 minutes 16 seconds West
a distance of 223.33 feet to the place of beginning
containing 12.87 acres of land.
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— 1)
That this specific use permit herein granted is expressly
issued for and in accordance with that certain plan.of development for
Sandelwood Trail, Beaumont, Texas, dated April 17, 1978, 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, Sandelwood
Trail, which "Exhibit B' is made a part of this specific use permit
as fully and completely as though copied verbatim herein.
As a condition of the issuance of this permit, permittee
shall file in .the appropriate records of the County Clerk of Jefferson
County, Texas, a copy of said "Exhibit B" prior to the issuance of a
Certificate of Occupancy by the City of Beaumont for any residential
unit within the 12.87 acre tract of land hereinabove described in
Section 1. Further, this permit is expressly issued subject to com-
pliance with all appropriate revisions of.the Code of Ordinances of
the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of ,.1978.
410-, M, , New W, 0, -a wn
Mayor -
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t
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
SANDELWOOD TRAIL
THIS DECLARATION, made on the date hereinafter set forth by
SANDELWOOD DEVELOPMENT COMPANY, a Texas corporation, and herein-
after referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property known as
Sandelwood Trail, in the City of Beaumont, County of Jefferson,
State of Texas, which is more particularly described as follows,
to -wit:
SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES
NOW, THEREFORE, for the purpose of enhancing and protecting
the value, attractiveness and desirability of Lots constituting the
addition, Declarant hereby declares that all of the properties de-
scribed above shall be held, sold and conveyed subject to the fol-
lowing easements, restrictions, covenants and conditions, which
shall constitute covenants running with the land and shall be bind-
ing on all parties having any right, title or interest in the de-
scribed properties or any part thereof, their heirs, executors,
administrators, successors and assigns, and shall inure to the
benefit of each Owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Sandelwood
Trail Owners Association, a Texas Non -Profit Corporation, its suc-
cessors 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 Addition, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
Section 3. "Addition" shall mean and refer to that certain
real property hereinbefore described, and such additions thereto as
I
may hereafter be brought within the jurisdiction of the Associa-
tion.
Section 4. "Common Area" shall mean all real property (in-
cluding the improvements thereto), owned by the Association for the
common use and enjoyment of the Owners. The Common Area to be owned
by the Association shall be all the property in the Addition, ex-
cluding (i) lots reflected upon the plat of the Addition and the
improvements thereon; (ii) water, sewer and other utility lines and
appurtenances thereto lying, installed and maintained within the
utility easements reflected and designated as such upon the plat of
the Addition; and (iii) public streets, if any, lying, constructed
and maintained within the street easements reflected and designated
as such upon the plat of the Addition.
Section 5. "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Addition with the
exception of (i) the Common Area; and (ii) the public street ease-
ments, if any, reflected and designated as such upon the plat of the
Addition.
Section 6. "Member" shall mean every person or entity who
holds membership in the Association.
Section 7. "Declarant" shall mean and refer to Sandelwood
Development Company, a Texas corporation, its successors or assigns
as such successors and assigns 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 sub-
ject to this Declaration is designated as Sandelwood Trail, and
which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES
all of which real property may hereinafter be referred to as
"existing property".
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Section 2. Future Development. Declarant may, at its sole
option, bring within the scheme of this Declaration adjacent pro-
perties, if any, 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 (Sections 42-20.4 of the Code of Ordinances of the
City of Beaumont, as amended).
Such Supplementary Declaration may contain such complimentary
additions and modifications of the covenants and restrictions con-
tained in this Declaration as may be necessary to reflect the dif-
ferent character of the 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.
ARTICLE III
PROPERTY RIGHTS
Section 1. Owners' Easement"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:
(a) The right of the Association to charge reasonable
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 the recreational facilities by an
Owner for any period during which any assessment against
said Owner's Lot remains unpaid; and the right to suspend
such rights for a period not to exceed sixty (60) days
for any infraction of its published rules and regula-
tions; and
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(c) The right of the Association to dedicate or transfer
all or any part of the Common Area to any municipality,
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 effec-
tive 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 shall be a Member of the
Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot.
Section 2. The Association shall have two (2) classes of
voting membership, as follows:
Class A. Class "A" Members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one
(1) vote for each Lot owned. When more than one (1)
person holds an interest in any Lot, all such persons
shall be Members. The vote for such Lot shall be exer-
cised as they determine, but in no event shall more than
one (1) vote be cast with respect to any Lot owned by
Class "A" Members.
Class B. Class "B" Members shall be the Declarant, who
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 the following
events, whichever occurs first:
(i) When the total notes outstanding in the
Class "A" Membership equals the total notes
outstanding in the Class "B" Membership, or
(ii) On January 1, 19�
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ARTICLE V
ASSESSMENTS
Section 1. Lien and Personal Obligation of Assessments.
Declarant, for each Lot owned by it in the Addition, hereby cove-
nants, and each Owner of a Lot in the Addition is hereby deemed to
covenant by acceptance of his deed for such Lot, whether or not it
shall be so expressed in his deed, to pay to the Association (i)
annual assessments and (ii) special assessments for capital
improvements. Such assessments will be established and collected
as hereinafter provided. The annual and special assessments, to-
gether with interest, costs and reasonable attorney's fees, shall
be a charge on the land and a continuing lien on each Lot against
which such assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees shall also be the
personal obligations of the person or persons who owned the Lot at
the time the assessment fell due, but such personal obligation
shall not pass to the successors in title of such person or persons
unless expressly assumed by them.
Section 2. Purpose of Annual Assessments. The annual assess-
ment levied by the Association shall be used exclusively: (i) to
promote the health, safety, welfare and recreation of the residents
in the Addition; (ii) for the improvement and maintenance of the
Common Area within the Addition; and (iii.) for certain "exterior
Lot maintenance" of Lots in the Addition. Annual assessments shall
include, and the Association shall acquire and pay for out of the
funds from annual assessments, the following:
(a) Maintenance and repairs of the Common Area;
(b) Water, sewer, garbage, electrical, lighting, tele-
phone, gas, and other necessary utility service for the
Common Area;
(c) Acquisition of furnishings and equipment for the
Common Area,.as may be determined by the Association;
(d) Maintenance and repair of sidewalks situated on the
Common Area within the Addition; private drives situated
on the Common Area; and water, sewer, storm drainage and
other utility lines in or servicing th Common Area or
serving more than one (1) Lot in the Addition (which
shall not be dedicated to general public use).
(e) Fire insurance covering the full insurable replace-
ment value of the improvements (and their contents) on
the Common Area, with.extended coverage.
(f) Liability insurance insuring the Association
against any and all liability to the public, to any
owner, or to the invitee, tenants or contract purchaser_
of any Owner, arising out of their occupancy and/or use
of the Common Area. The policy limits shall be set by the
Association, and shall be reviewed at least annually and
increased or decreased in the discretion of the Associa-
tion.
(g) Workmen's compensation insurance to the extent
necessary to comply with applicable law, and any insur-
ance deemed necessary by the Board of Directors of the
Association.
(h) A standard fidelity bond covering all members of the
Board of Directors of the Association and all other
employees of the Association in an amount to be deter-
mined by the Board of Directors.
(i) Any other materials, supplies, furniture, labor,
services, maintenance, repairs, structural alterations,
insurance, taxes or assessments which the Association is
required to secure or pay pursuant to the terms of this
Declaration or by law, or which shall be necessary or
proper in the opinion of the Board of Directors of the
Association for the operation of the Common Area, for the
benefit of Lot Owners, or for the enforcement of these
restrictions.
(j) In addition to the maintenance of the Common Area,
the Association shall provide exterior Lot maintenance on
each Lot within the Addition, as follows: (i) mowing,
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trimming and care of grass in area of any Lot not en-
closed within a private fence.
Section 3. Power to Fix Annual Assessments. The power and
authority to fix and levy the annual assessments shall rest exclu-
sively with the Board of Directors of the Association, and when
determined and fixed by the Board of Directors as herein provided,
same shall be final, conclusive and binding upon each Lot Owner,
his heirs, executors, administrators, successors and assigns, in-
cluding contract purchasers.
Section 4. 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,
provided, however, 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.
Seetinn 5_
Sections 3 and 4.
Notice and Quorum for Action Authorized Under
Written notice of any meeting called for the
purpose of taking any action authorized under Sections 4 or 5 shall
be sent to all members not less than ten (10) days nor more than
sixty (60) days in advance of the meeting. At the first such meet-
ing called, the presence of Members or of proxies entitled to cast
(50a) or more 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 require-
ment, and the required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceeding meeting. No
such subsequent meeting shall be held more than sixty (60) days
following the preceeding meeting.
Section 6. Uniform Rate of Assessment. Except as hereinafter
provided, annual and special assessments must be fixed at a uniform
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rate for, all Lots and shall be collected on a monthly basis.
Declarant shall not be responsible for the payment of assessments
on an unimproved Lot until six (6) months after commencement of
construction upon such unimproved Lot. A Builder (as the term is
hereinafter defined) shall not be responsible for the payment of
assessments on an unimproved Lot within the Addition until (i) six
(6) months after commencement of construction upon such unimproved
Lot; or (ii) twelve (12) months after the purchase of such unim-
proved Lot, whether construction has commenced or not; whichever
date shall be the earlier. For the purpose of this Section and the
next succeeding Section, "commencement of construction" shall be
construed as the date upon which a building permit is issued by the
municipal authorities; and "Builder" shall be construed to mean a
person (or entity) who shall purchase from Declarant or its succes-
sors more than one (1) unimproved Lot in the Addition for the pur-
pose of improving the Lots with residential improvements and
selling, in the customary and ordinary course of his (or its) busi-
ness, the improved Lots to the public; provided that the commence-
ment of improvements on an unimproved Lot other than for sale to the
public, or the occupancy of an improved Lot, other than on a tempo-
rary basis as a model home or sales office, shall terminate such
person's (or entity's) status as "Builder", but only as to the Lot
so improved or so occupied.
L'o n+- inn i n�4-- -4: -F A—. -1 .rt_ I
ments; Due Dates. The annual maintenance assessments provided for
herein shall commence as to each Lot on the first day of the calen-
dar month next following the earliest to occur of the following:
(i) the conveyance of a Lot by the Declarant or a Builder to an
Owner; (ii) the termination of the status of "Builder" as to a Lot;
(iii) six (6) months following the commencement of construction by
Declarant or Builder upon an unimproved Lot; or (iv) twelve (12)
months after the purchase by a Builder of an unimproved Lot,
whether construction shall have commenced or not. The first annual
assessment shall be adjusted according to the number of months re-
maining in the annual adjustment period (whether a calendar or.
fiscal year, as determined by the Board of Directors of the Associ-
ation). 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 certi-
ficate signed by an officer of the Association setting forth
whether the assessments for a specific Lot have been paid. A pro-
perly 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 8. Effect of Nonpayment of Assessments; Remedies of
the Association. Any assessment not paid within ten (10) days of
the due date shall bear interest from the due date at the rate of
ten percent (100) 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 improve-
ments, 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 otherwise escape
liability for the assessments provided for herein by non-use of the
Common Area or abandonment of his Lot.
Section 9. Power of Sale. To secure and enforce the payment
of said assessments, and for the auxillary and cumulative enforce-
ment of said lien hereinabove created, Declarant has granted, sold
and by these presents does grant, sell and convey unto MICHAEL W.
SANDEL, Trustee, of Jefferson County, Texas, and his substitutes or
successors, the herein before described real property and all im-
provements, 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 itslef, its successors 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, its successors and assigns may hereafter
become justly indebted to the Association, as evidenced by the
hereinbefore mentioned assessments. Should Declarant, its succes-
sors 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 convey-
ance shall become null and void and of no further force and effect.
That in the event of default in the payment of any assessment
hereby secured, in accordance with the terms hereof, it shall
thereupon, or at 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 make sale of the above described and conveyed property,
or any portion thereof, as provided in Article 3810, Revised Civil
Statutes of Texas 1925, after notice as provided in said Article
(but without any other notice than is required by said Article
3810), selling all of the property as an entirety or in parcels as
the Trustee acting may elect, and make due conveyance to the pur-
chaser 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 costs of 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 and assigns; and the recitals in the convey-
ance to said purchaser or purchasers shall be full and conclusive
evidence of the truth of the matters therein stated, and all pre-
requisites to said sale shall be presumed to have been performed
and such sale and conveyance shall be conclusive against grantor,
his heirs and assigns.
I 1 00
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In case of the absence,, resignation; death, inability, failure -
or refusal of the Trustee herein named or any sub.stitute'. trustee
appointed hereunder to act, or in the event the Association shall
deem it desirable to remove without cause,the Trustee or any sub-
stitute Trustee and appoint, anothe.r to.execute this trust, then in
any of such events. the Association shall have the right (to be
exercised through, its Board of Directors)„ and.is.,hereby authorized
and empowered to appoint a successor and substitute without any
formality other .than an'appointment.and.de.signation.in writing; and
this appointment shall rest in him, ias Trustee, the estate and
title in and to all said premises, -and he sha11 ,thereupon hold, -
possess and execute all.'the rights, title, powers and duties herein
conferred upon the Trustee named 'herein;, and.the right to appoint a
successor, or substitute Trustee shall exist as often and whenever
from any of said causes any Trustee, original or substitute, "cannot
or will not act, or has been removed without cause . The exercise or
attempted.exercise of the power of sale herein contained shall not
exhaust said powerof sale and shall not prevent any subsequent
exercise thereof..
It is especially agreed that, in= the event 'of 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 'surren- .
der possession of said property upon .demand, the.purchaser.shall
thereupon, at his or her option, be entitled to institute and main-
ta-in the statutory action for forcible detaine-r and procure a writ
of possession thereunder. This provision shall in no wise preclude
the purchaser from bringing any other legal action -for possession
of said property and the bringing 'of one -.character of action shall
not preclude the other, and the same may be exercised separately or
simultaneously..
As additional properties, if any, ' are brought into the Addi-
tion and within the scheme of this Declaration, the recording of
the Supplementary Declaration therefor (as provided in Article II,
r
Section 2, "Future Development") shall automatically subject such
additional properties to the lien and power of sale herein pro-
vided, with the same force and effect as if separately and ex-
pressly conveyed by Declarant to the within named Trustee.
Section 10. 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 assessment lien.
No sale or transfer shall relieve such Lot from liability for any
assessment thereafter becoming due or from the lien thereof.
Section 11. 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 of 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 provisions
herein, no land or improvements devoted to dwelling use
shall be exempted from said assessment, charges or liens.
Section 12. 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 ser-
vice, maintenance and capital improvements. No payment or assess-
ment for each individual assessment account shall be transferred or
debited or credited to another account.
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ARTICLE VI
-OWNER'S OBLIGATION TO,REPAIR AND MAINTAIN;
OBLIGATION TO REBUILD; OBLIGATION TO CONSTRUCT SIDEWALK
Section 1. Owner's- Obligation to' Rep,&ir and Maintain Resi-
dences. Each Owner shall, at his sole cost and. expense, perform
such repairs and maintenance,as shall be required to'keep his resi-
dence in a condition comparable to the-con'dition of such residence
at the time of its initial.construction, exceptingonly ord,inary
wear and -tear. Additionally, (except to the extent of exterior Lot
maintenace to.be'.furnished:by the Association under" the provision's
of Article- V, Section 2(j) 'hereof) each -Owner shall maintain his
yard area and all. sidewalks and driveways.oh'h.is Lot,., In the event
an Owner shall fail or refuse to make such repairs..or perform such
maintenance, and such failure or. refusal shall continue for more
than forty-five (45) days from delivery of.written'-notice-from the.
Association to the Owner_ -(.pr, if more than one (1) Owner, to any of
them) specifying the maintenance :or repairs required to be made,
the Association may, at its election, cause,, such maintenance and
repairs -to be performed. The costs of .making or performing such
maintenace and repairsshall then be an additional assessment to-,
which such Lot is subject.and shall be.due
and -payable, to the Asso-
ciation in the monthnextfollowing the delivety,to*the Owner (or,
if more thanone(1) Owner, to any: of, them) of said maintenace or. .
repairs. This. assessment 'shall be secured by the same lien or liens
and shall be,,enforceable in the.same manner.,as any other assessment
upon such Lot.
Section" .2. Owner's Obligation to. Rebuild. If all or any
portion of a residence is damaged. or 'destroyed by fire or other
casualty, it shall be the 'duty of ;the Owner* thereof with all due
.diligence, to rebuild, 'repair or reconstruct -such -residence in a
manner which shall substantially restore it to its appearance
pearance and
condition immediately prior tb'such casualty...Reconstrtictidn'-will.
be undertaken within three 13Y months after the-damage'occurs. and
,shall be completed within twelve (12) months af ter the -damage
occurs, unless prevented by'.causes beyond thecontrolof the Owner
or Owners.
13
ARTICLE VII
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be com-
menced, erected, placed or maintained upon any Lot in the Addition
or upon any portion of the Common Area, nor shall any exterior
addition to or change or alteration of any improvement in the Addi-
tion be made, until the plans and specifications therefor, showing
the 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 represen-
tatives appointed by the Board; provided, however, that the afore-
mentioned approval shall not be required of Declarant as to con-
struction by Declarant upon any of the Lots in the Addition. 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 VIII
MAINTENANCE BY THE ASSOCIATION
Section 1. Maintenance of Common Area. It shall be the duty
and obligation of the Association to maintain and keep in repair
(i) the Common Area of the Addition, together with all structures
and improvements thereon; (ii) maintain and repair all water,
sewer, storm drainage and other utility lines in or serving the
Common Area or serving more than one (1) Lot in the Addition (which
shall not be dedicated to general public use); (iii) maintain and
repair sidewalks within the Addition situated on the Common Area;
(iv) maintain and repair private streets situated on the Common
Area within the Addition; and (v) provide exterior Lot maintenance
for the Lots within the Addition, as provided in Article V, Section
2(j) hereof.
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ARTICLE IX
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
Lots in the Addition and placed on the dividing line between the
Lots shall constitute a party wall, and, to the extent not incon-
sistent 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 walls, they shall contribute to the cost of restora-
tion 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 or negli-
gence or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provi-
sion of this Article, an Owner who by his negligence 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 ele-
ments.
Section 5. Right to Contribution Runs With the 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 (1) arbitrator, and such arbitrators
shall choose an additional arbitrator, and the decision shall be by
a majority of all the arbitrators. Should any party refuse to
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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 X
USE RESTRICTIONS
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 resi-
dence 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, without the prior written consent of the Board of
Directors. No Owner shall permit anything to be done or kept in the
Common Area which results 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 recre-
ational vehicle, or motorcycle shall be parked or stored upon any
Lot in the Addition for more than forty-eight. (48) hours, except
wholly within an enclosed garage appurtenant to a dwelling; nor
shall any such boat, trailer, truck, camping or recreational
vehicle,
or motorcycle
be parked upon a
street or
driveway
in the
Addition
for more than
forty-eight (48)
hours.
No repair
work,
dismantling or assembling of motor vehicles or any other machinery
or equipment shall be permitted in any street, drive, driveway or
yard adjacent to a street, or in the Common Area.
Section 5. Temporary Structures. No structure of a temporary
character, trailer (whether or not permanently attached to the
ground), basement, tent, shack, barn, servants quarters or other
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out building shall be used on any Lot at any time as a residence,
either temporarily or permanently; nor shall any used residence or
other 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 or any Lot or building except one (1) sign of not more
than eight (8) square feet in area advertising the merits of the
property for sale or rent. During the construction and inital
sales period of the dwelling 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 gas 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 or any part of
the Common Area 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 determina-
tion of the method of garbage disposal, that is whether it shall be
through public authority or through private garbage disposal con-
tractor(s). All incinerators or other equipment for the storage or.
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AP
disposal of such materials shall be kept in-clean.'and sanitary
condition.
Section 10. Sewage Treatment. No sewage -:treatment, system
shall be permitted7 on any .Lot.
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 sidewalks, driveways, parking areas, fences,
hedges or walls shall be erected or maintained upon any Lot except'
such as are installed in accordance with the initial construction
of the building located.thereon or as approved by the Association's
Board of Directors or. their designated architectural committee.
Except for the right of -ingress and egress and the right and.ease-
ment of enjoyment as defined herein, the Owners' are hereby pro-
hibited and restricted from using any of.the property in the Addi-
tion outside.the exterior property. lines of -each Lot, -except as may
be allowed by the Association's Board of. Directors. It is ex-
pressly..acknowledged and agreed by all parties concerned that this
paragraph is for the mutual benefit of all Owners of Lots in t -he
Addition, and any additions thereto, and.is necessary for the pro-,
tection of said Owners. Maintenance, upkeep and repairs of any
rear or side yard.and patio 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 improve-
ments 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 representatives.
Section 12.. Owner's Maintenance., The Owner shall maintain
and keep in repair the following equipment and lines located out-
side the residence: air conditioning -compressor condenser, includ
ing pipes and electrical lines connecting same to, the residence,
sanitary sewer line -connecting the residence to the sanitary sewer
collection system, electric power service 'conductors -from the ex
terior.of the building to the point of:connecting to the electric
utility company.'s junction box or transformer, electric circuit
r./
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s
breakers, any portion of natural gas,' and/or telephone service
lines located on the Lot but not maintained by the gas and/or tele-,
phone 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 condi-
tion to exist which will adversely affect the other residences or
their Owners.
Section 13. ,Annoyance." No activity shall be ca.rried.on upon
any Lot or the.Common Area which might.reasonably.be considered as
an annoyance to neighbors of ordinary -sensibilities.and.which might
be calculated to. reduce the. desirability. of,the Addition as "a -.resi
dential neighborhood, even though such. -activity be -In the nature of
a holding and not carried on for profit.
Section 14. Minimum Square Foot Requirements. No one-story
or split-level dwelling shall be permitted on any Lot in the.Addi-
tion in which the. living floor area of the.main.structure.(includ
ing enclosed utility and storage rooms, .but excluding_ open porches,
carports and garages) shall be less than fifteen hundred. (1500)
square feet; nor.shall the. first floor of any two-story or story and
one-half dwelling on any• Lot have less 'than seven hundred fifty
(750) square -feet of such living area or a total.of such living area,
of less than fifteen.hundred (1500). square.feet.
Section 15. Minimum Setback-'Requirement,s. No, structure. shall,
be located nearer to the front Lot.line or nearer to -'a side. street:,
line than the building setback lines shown.on the recorded plat of'.„
the Addition, n;o,r-.shall any structure: be located nearer to any Lot
line, right of way line -.of a dedicated, street, curb line of a
private drive, peripheral Addition boundary, or to any other, struc-
ture than as otherwise pe`rmitte'd by the Code of Ordinances of the
City of Beaumont, Texas, as from-t;ime to time amended.
Section 16. Rights of Declarant and Its Transferees.
Declarant'or the' transferees of Declarant 'shall undertake' -the work
of developing all or substantially.all Lots included within the
Addition. The completion of the work, and the sale,. rental -or other
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s
disposal of residential units is essential to the establishment and
welfare of the Addition as an ongoing residential community. In
order that such work may be completed and the Addition established
as a fully occupied residential community as soon as possible,
nothing in this Declaration shall be understood or construed to
prevent Declarant or Declarant's transferees from the orderly
development of said Lots within the Addition or the development of
units on said Lots. As used in this Section, the words "its trans-
ferees" specifically excludes purchasers of Lots improved with
completed residences.
ARTICLE XI
EASEMENTS
Section 1. Easements of Encroachment. There shall exist a
reciprocal appurtenant easement between each Lot and any portion of
the Common Area adjacent thereto for any encroachment due to the
unwilling placement, settlement or shifting of the improvements
constructed, reconstructed or altered thereon, provided such
construction, reconstruction or alteration is in accordance with
the terms of this Declaration. Such easement shall exist to a
distance of not more than one foot (11) as measured from any point
on the common boundary between .adjacent Lots, and between each Lot
and any adjacent portion of the Common Area, along a line
perpendicular to such boundary at such point. No easement for
encroachment shall exist as to any encroachment occurring due to
the willful conduct of an Owner. In the event the structure con-
taining two (2) or more residences on a Lot or Lots is partially or
totally destroyed, and then rebuilt, the Owners so affected agree
that minor encroachments of parts of the adjacent residential units
on Common Area (to the extent of not more than one foot (1') calcu-
lated and measured as provided above) due to construction shall be
permitted and that a valid easement for said encroachment and the
maintenance thereof shall exist.
Section 2. Blanket Easement. An easement over and upon every
Lot and all of the Common Area of the Addition is hereby granted to
all police, fire protection, ambulance, garbage and trash collec-
tion vehicles and personnel to enter thereon in the performance of
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• � L
their duties. Further, a like easement is herewith granted to the
Association, its representatives, agents and employees, to enter in
and upon or to cross any Lot and the Common Area of the Addition for
the purpose of performing the duties of maintenance and repair
herein provided.
Section 3. Other Easements. Easements for installation and
maintenance of utilities and drainage facilities and for public
streets are shown and designated as such on the recorded Plat of the
Addition and are hereby dedicated to public use by the Declarant.
Within the utility or drainage easements, no structures, plantings
or other material shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance of
utilities, or which may damage, interfere with, or change the
direction -of flow'of drainage facilities in the easement.
No dwelling unit or other structure of any kind (except as
hereinafter provided) shall be built, erected or maintained on any
such easement, reservation, or right of way and such easements,
reservations or rights of way shall at all times be open and
accessible to public and quasi -public utility corporations, their
employees and contractors, and shall also be open and accessible to
Declarant, its successors and assigns, and to the Association, its
agents, employees and contractors, all of whom shall have the right
and privilege of doing whatever may be necessary in, on, under or
above such locations to carry out any of the purposes for which such
easements, reservations and rights of way are reserved. Easements
for underground utilities may be crossed by sidewalks and drive-
ways, provided that there are prior arrangements made for such
crossings with the utility company or municipal agency furnishing
service therein, and provided further that Declarant or any utility
company or municipal agency using the easement shall not be liable
for any damage done by them, their agents, employees.or contractors
to such sidewalks or driveways in the course of installing, main-
taining or removing utility lines and appurtenances thereto within
such easements.
l
KOHLER & KOHLER
Engineers & Surveyors
• 62514th Street P.O. Box 5065 . ; '•
4 . c . BEAUMONT, TEXAS 777024L '
i March 27,-1978
FIELD NOTE DESCRIPTION OF AACRE TRACT OF LAND FOR -A CLUSTER
HOUSINGPERMIT
BEING aus"8 acre "tract of land out of the H. Williams Survey in
�- .Beaumont, Jefferson County, Texas and being part of Block I of the
A. K. Daniels Subdivision and tot 21 Block 31 of Calder Highlands
_Addition, a subdivision recorded in Vol. 4 Page 155 - 157 of the
Map Records of Jefferson County, Texas and " said 12.10 acre tract of
land being more particularly described by metes and bounds as follower
FOR locativecorner'
begin at an iron .stake inthe
North right-of-
'sway line of Delaware Street locating the Southeast corner of Lot 5 -
1 Block 31 of said Calder Highlands Addition; said iron stake lies
in`the commoriline between Blocks 1..and 2 of said A. K. Daniels
t
.Subdivision;
{ ' THENCE North .0 degrees'45 minutes 29 :seconds West aiith -the East line
Block '31 of said C-€ilder Highlands Additon.-arid with the West line of A:•:
-_- Blonk 1 of said A.-.K_ Daniels. Subdivision a distance of 282.0 feet to=..:';.:
an 'iron stakie _-locatiYtg the Southwest and the beginning corner of the
-- tract of land. lerein'..described; said.'ron stake also locates the {-
:.. . .
-Northeast corner':of,Lot.6 and the Southeast corner of Lotr7 of Block. _
`31`of said Calder Highlands Addition;
THENCE North b,- degzees 45 minutes .29 `seconds West with' the East line
of said Block: 31:`_a_dietance of 214.0:0 feet to an.irou stake for corn
said. iron ste3ee bee es the Ndrtheast__corner .af Lai 20 of said Bloc$
,>
TRENCH South:,89-`degrees 14 minutes 31 seconds fest :with ..the North line rr
�J.
= of. said Lot 16. Afid the South line of Lot 21 a distance of 223.33 feet_ y r
to as iron stake -f -corner in the East line.of turas Drive;
THENCE North'"degrees 45 minutes 29 seconds West with the East line
a distance of.:150-:0 'feet to an iron stake for corner in the South line.-- =--.r
of .Lot 22 of:-.-sai.d Block 31;
THENCE North;'-89..:degrees 14 minutes 31 seconds East'with the South line:
of said Lot 22 $ distance of 223.33 feet to an iron stake for corner--,,_ : = .
said iron st,.locates the Southeast corner 'of tot 22 and the North-_
east corner of-:lot. 21 of said Block 31;
- '-
-.
.-
�
.-
eCOId8--We
st i
thth
e East
line
egreesTNENCE North 5minut s 29 S
of
_
Lot 22 a distance of 110.0 feet to an iron stake for corner; said
iron stake locates the Northeast corner of said Lot 22 and the North
west corner of Block-1 of the A. K. Daniels Subdivision;
THENCE North 89 degrees 17 minutes 16 seconds East -with the North line
of said _Block_I a distance of 223.33 feet to an iron stake for corner-
in the East line of said Block 1 and in the East line of the H. Williams
League;
THENCE South 0 degrees 45 minutes 29•seconds East with said line and at-
241.06 feet pass an iron stake locating the Northwest corner of Lot 21:
Block 4 of Westmont Addition, a subdivision-recorded'in Vol. 10 Page
.of the Map Records of Jefferson County,*Texas and continue with the West.' _;
line f the k"estmont Addition and with the East line of the H. Williams : _,;_ `
League and withInst line of :Block 4 of said A. K. Daniels Subdivision.
a total-distance_ of 2360.0 feet to an iron stake for corner in the West
line of the All Saints Episcopal -Church and School tract; ;
THENCE South.89-degrees 17 minutes 16.seconds West a distance-of 223.33
feet to the place ofbeginning containing ,IZ'8i.acres of land..
C. A. Kohle -R. .;R.P.E.
CAK:ms EXHIBIT "Arr