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HomeMy WebLinkAboutORD 79-01 ORDINANCE NO. M - ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR CLUSTER HOUSING DEVELOPMENT ON A 5 .26 ACRE TRACT HEREIN DE- SCRIBED IN ACCORDANCE WITH A "PRELIMINARY PLAT" ; PROVIDING FOR THE FILING OF A DECLARATION OF COVENANTS AND CONDITIONS COVERING THE 5. 26 ACRE TRACT. WHEREAS, on December 18, 1978 , the Planning and Zoning Commission of the City of Beaumont recommended the issuance of a specific use permit for cluster housing development to Herman Myers, Incorporated, a Texas Corporation, and its heirs, representatives, successors , and assigns, for that certain 5. 26 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 citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1 . That a specific use permit for cluster housing develop- ment in accordance with Section 30-20 and Section 30-23, as amended, be granted to Herman Myers, Incorporated, a Texas Corporation, and to its heirs, legal representatives, successors , and assigns for that certain 5. 26 acre tract of land, more particularly described as follows: BEING a 5. 264 acre tract of land out of the H. Williams League, Abstract 56, Beaumont, Jefferson County, Texas; BEGINNING at an iron rod marking the northwest corner of Lot 1, Block 4 , Summerwood Addition, Section 2, said point being located in the south right- of-way line of Delaware Street, said corner also being the northeast corner of the herein described 5 . 264 acre tract; THENCE South 131 37 ' 03" West along the west line of Lot 1, Block 4, Summerwood Addition, Section 2 and along the east line of the herein described tract a distance of 41.11 feet to a point for corner; THENCE South 01° 10 ' 33" East along the west line of Lots 1 thru 7, Block 4 of said Summerwood Addition, Section 2, being along an east line of the herein described tract a distance of 395 . 28 feet to a point for corner, being the southwest corner of said Lot 7, Block 4; THENCE North 880 21' 05" East along the south line of said Lot 7, Block 4, a distance of 116 . 27 feet to a point for corner; THENCE South 401 52 ' 36" East 33.12 feet to a point for corner; THENCE South 000 44 ' 12" East along the west line of Lot 8, Block 4, Summerwood Addition, Section 2 a distance of 144 . 38 feet to a point for the southeast corner of the tract herein described and being the southwest corner of said Lot 8, Block 4, said corner being located in the north line of Thomas Road Addition; THENCE South 880 33 ' 18" West along the north line of said Thomas Road Addition and along a south line of the herein de- scribed tract a distance of 415 . 79 feet to a point for corner, being the southwest corner of that certain 1. 56 acre tract de- scribed in Surface Deed from Pan American Petroleum Corporation to Dan Collie, et al and recorded in Volume 1459, Page 398 of the Deed Records of Jefferson County, Texas and being the southeast corner of that certain 2. 93 acre tract of land conveyed by Leonard R. Stone, Trustee, et al, to A. D. Moore,Jr. , et al, by deed recorded in Volume 1345, Page 385 of the Deed Records of Jefferson County; THENCE South 891 11 ' 24" West continuing along the north line of said Thomas Road Addition and the south line of said 2 . 93 acre tract a distance of 223. 43 feet to a point for corner, being the southwest corner of the East 1. 473 acres of said 2. 93 acre tract and being the southeast corner of a tract of land previously conveyed to E. G. Cordts, Jr. out of said 2. 93 acre tract; THENCE North 000 17 ' 29" West with the east line of said Cordts tract a distance of 284 .10 feet to an iron stake for corner in the south line of a 75 . 0 foot drainage easement conveyed to Jefferson County Drainage District No. 6; THENCE North 870 58 ' 27" East along the south line of said drainage easement, at 223. 60 feet pass an iron stake locating the north- east corner of said 2 . 93 acre tract and the northwest corner of said 1. 56 acre tract and continue a total distance of 298 . 60 feet to an iron stake for corner; THENCE North 000 20 ' 23" East along the west line of the tract herein described and being -2- along the east right-of-way line of a 75 . 0 foot drainage right of way conveyed to Jefferson County Drainage District No. 6 by Pan American Petroleum Corporation a distance of 315. 08 feet to a point for the northwest corner of the tract herein described, said corner being located in the south right-of-way line of Delaware Street; THENCE North 880 41 ' 06" East along the south right-of-way line of Delaware Street and along the north line of the tract herein described a distance of 202.10 feet to the place of beginning, containing in area 5. 264 acres of land, more or less. Section 2 . That this specific use permit herein granted is expressly issued for and in accordance with that certain "Preliminary Plat" for Cheska Hollow Subdivision, Beaumont, Texas, dated December 18, 1978, which"Preliminary Plat" 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 Cheska Hollow Subidivision, Beaumont, Texas, " which exhibit is made a part of this specific use permit as fully and com- pletely as though copied verbatim herein. PASSED BY THE CITY OUNCIL of the City of Beaumont this the day of 1979. Mayor - -3- G u L..F Un L l- I E-5 NORTH L.Ir-jI - oIT'C.H M.O.W. SOUTH LWE D IT , .f J COFZ07'6 3 4 f x t"S" S AN ITAQY ... �- .. � . ..� ) . � � . . ) 4 \ ( / j C-7 5 M T > A 75� 14 \2 : - . . �± E GULF ST��ms UT, �� T�E \. � | § j. � ' § i || ` d qa ix vk 55"� IB 4r'° Ic t N � ut ij , 1 i c I ;� I ����II I• r �� �I�.1, 7 1 � xla f ti ,s . a' I I 1 r a t t { o- { � i III r �1 ,' ,.ice P, I OWN I N .. n` rt'* ay.4, Z eyk a a .� r"��� v�''�,e�G $�,��:.��1.• I I j x11 r J N�I , M'I 9 4 l wz r p i i Nr -S i. yi I s, 3 1 AIL` I I I I 7!I«h Is tA.a � 1 r^n aC I I t` r I 1 I k r 9 , iC� III , i I ku: �i,l ,I t 1 i I I� I I r I fp r I 8 I I I : I C I � III) I k I 6 I kr is u-rI L I T-,, F.Ati w 1 1 1 � � a I, PRIVATE 5T'REET'• TO Be CITY Or F:3EA,.UMC FORTCANC) CEMENT CDhtCF�' '7`E. PAVEMENT THICK REINF"(:DRCEC> W/ [o")c!o"'`loa�4", I+�IRE ME H,6,.\/W- 3 y2" I IV T EC-FZA L. LAY C iO W N C G �°* 2, PRIV,a.-t-E (a21VE TC7 k3E PpZ •LAN p CEMEF PivVEMENT 28" FS,G. TO a.G, 4" T"MIU*, IZprj ices WIRE MESH, PA.vlf-MENT" TO MA\/k 3 INTn CUR15 AND QuT` R, 3, 5TOI-M 5E W E R.5 TO S M F�X t N F'OR'C F p �, ALL LjCrr5 -ro Bp 5Ew2VW4---). 5Y eva.hJ( rAm I,..INES TELEPt�f C?I,lE , AN V ELECTR,ICA.-L f � IA r w AT E R t_1 N E_ 1 IN t� L� - 1 L l� fil ,1� D �ovcn � FfY t a c P p 3 0 Eason oR- -i 7 Z Q i z o O . f I T I 5 1p 1 2C� a.L-. PRELIMINARY PLAT TO ACCOMP A SPECIFIC USE PERMIT FOR ll."'T f%l 11e-rcta uni .IQINr nN A ! • PRELIMINARY PLAT TO ACCOMPANY A SPECIFIC USE PERMIT FOR 28 UNIT CLUSTER HOUSING ON A 5.26 tw ACRE TRACT. DEC. 1978 1- RUJ Ecr p t E NT To C C A (---��.J �,Q IJ� ` Z N ET LA,IV D A R E A, s 4.4 9 AC S. l � C.,.3 NET LAWO AREA FEIZ LOT = (�,c>$S SQ.FT. N ,o,tZ) C,1-7 10KJ TO THE GtA• GUMMOIJ AREA = 0.,Cods kYtDOw N '44Reodl-, IN STREETS ID2IV E� = O.77AC. C IT Y O F` E3 EAUt-l0NT", J E F -E-RS N CC).,TEX. AREA. IN L-OT USE = 5. 63 AC. i5EINC� 5. 2co OF LA"i:;. tN THE IPE, i NO. OF" LOTS = ZS H. LEACaUE At35T. =5 4a COMMON AIZEA PEA LOT IOP-63 SQ•FT. Ho 2., WATER �t L.._LY J. we-rt..-L- )(jNSUt_TiN<q- Dj�ItJE.EiZ 85 I.H. 10 Nl otz-H, SITE. lo,-? BE.a.0 M O NJ, TExA,& c c 19, 1 cn 4 EKk THE STATE OF TEXAS COUNTY OF JEFFERSON DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS CHESKA HOLLOW SUBDIVISION BEAUMONT, TEXAS _ THIS DECLARATION, made on the date hereinafter set forth by HERMAN MYERS, INCORPORATED, a TEXAS CORPORATION formed and existing under the laws of the State of Texas, having its principal offices in Beaumont, Jefferson County, Texas, and hereinafter referred to as "Declarant". W I T N E S S E T H WHEREAS, Declarant is the owner of certain property known as CHESKA HOLLOW SUBDIVISION, an Addition to the City of Beaumont, County of Jefferson, State of Texas, which is more particularly described as: BEING a 5.264 acre tract of land out of the H. Williams League, Abstract 56, Beaumont, Jefferson County, Texas; BEGINNING at an iron rod marking the northwest corner of Lot 1, Block 4, Summerwood Addition, Section 2, said point being located in the south right of way line of Delaware Street, said corner also being the northwest corner of the herein described 5.264 acre tract; THENCE South 130 37' 03" West along the west line of Lot 1, Block 4, Summerwood Addition, Section 2 and along the east line of the herein described tract a distance of 41.11 feet to a point for corner; THENCE South 010 10' 33" East along the west line of Lots 1 thru 7, Block 4 of said Summerwood Addition, Section 2, being along an east line of the herein described tract a distance of 395.28 feet to a point for corner, being the southwest corner of said Lot 7, Block 4; THENCE North 880 21' 05" East along the south line of said Lot 7, Block 4, a distance of 116.27 feet to a point for corner; THENCE South 400 52' 36" East 33.12 feet to a going for corner; THENCE South 000 44' 12" East along the west line of Lot 8, Block 4, Summerwood Addition, Section 2 a distance of 144.38 feet to a point for the southeast corner of the tract herein described and being the southwest corner of said Lot 8, Block 4, said corner being located in the north line of Thomas Road Addition; THENCE South 880 33' 18" West along the north line of said Thomas Road Addition and along a south line of the herein described tract a distance of 415.79 feet to a point for corner, being the southwest corner of that certain 1.56 acre tract described in Surface Deed from Pan American Petroleum Corporation to Dan Collie, et al and recorded in Volume 1459, Page 398 of the Deed Records of Jefferson County, Texas and being the southeast corner of that certain 2.93 acre tract of land conveyed by Leonard R. Stone, Trustee, et al, to A. D. Moore, Jr. , et al, by deed record- ed in Volume 1345, Page 385 of the Deed Records of Jefferson County. THENCE South 890 111 24" West continuing along the north line of said Thomas Road Addition and the south line of said 2.93 acre tract a distance of 223.43 feet to a point for corner, being the southwest corner of the East 1.473 acres of said 2.93 acre tract and being the southeast corner of a tract of land previously conveyed to E. G. Cordts, Jr. out of said 2.93 acre tract; THENCE North OOP 17' 29" West with the east line of said Cordts tract a distance of 284.10 feet to an iron stake for corner in the south line of a 75.0 foot drainage easement conveyed to Jefferson County Drainage District No. 6. THENCE North 870 58' 27" East along the south line of said drainage easement, at 223.60 feet pass an iron stake locating the northeast corner of said 2.93 acre tract and the northwest corner of said 1.56 acre tract and continue a total distance of 298.60 feet to an iron stake for corner; THENCE North 000 20' 23" East along the west line of the tract herein described and being along the east right of way line of a 75.0 foot drainage right of way conveyed to Jefferson County Drainage No. 6 by Pan American Petroleum Corporation a distance of 315.08 feet to a point for the northwest corner of the tract herein described, said corner being located in the south right of way line of Delaware Street; THENCE North 880 41' 06" East along the south right of way line of Delaware Street and along the north line of the tract herein described a distance of 202.10 feet to a place of beginning, containing in area 5.264 acres of land, more or less. as shown and reflected by the Final Plat thereof recorded in the Office of the County Clerk of Jefferson County, Texas reference to which is here made for all purposes. NOW THEREFORE, for the purposes of enhancing and protecting the value, at- tractiveness and desirability of Lots constituting the Addition, 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 shall constitute covenants running with the land and shall 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 CHESKA HOLLOW SUBDIVISION HCME OWNERS ASSOCIATION, a Texas Non-Profit Corporation, its successors and as- signs. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, or a fee simple title to any Lot which is a part of the Addition, including contract sellers, but excluding those having such in- terest merely as security for the performance of an obligation. - 2 - Section 3. "Addition" shall mean and refer to the subdivided real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association as hereinafter provided. Section 4. "Common Area" shall mean all real property (including the improvements thereto and thereon) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Assoc- iation shall be all of the property in the Addition, excluding (i) Lots reflected upon the Plat of the Addition and the improvements thereon; and (ii) water, sewar 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. Section S. "Recreation Area" shall mean and refer to that certain, portion of the Common Area, containing twenty eight thousand seven hundred eighty four square feet (28,7841) , more or less, reflected and designated as the "Commons" upon the recorded Plat of the Addition, together with all improvements thereto and recreational facilities thereon. Section 6. "Lot" shall mean and refer to any plot of land shown upon the recorded Plat of the Addition, with the exception of (i) the Common Area; and (ii) the private street and private drive easements reflected and designated as such upon the Plat of the Addition. Section 7. 'Member" shall mean every person or entity who holds membership in the Association. Section 8. "Declarant" shall mean HERMAN MYERS, INCORPORATED or its success- ors. 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 designated as CHESKA HOLLOW SUBDIVISION, and is more particularly described as follows: BEING a 5.264 acre tract of land out of the H. Williams League, Abstract 56, Beaumont, Jefferson County, Texas; BEGINNING at an iron rod marking the northwest corner of Lot 1, Block 4, Summerwood Addition, Section 2, said point being located in the south right of way line of Delaware Street, said corner also being the north- east corner of the herein described 5.264 acre tract; - 3 - THENCE South 130 37' 03" West along the west line of Lot 1, Block 4, Summerwood Addition, Section 2 and along the east line of the herein described tract a distance of 41.11 feet to a point for corner; THENCE South 010 10' 33" East along the west line of Lots 1 thru 7, Block 4 of said Summerwood Addition, Section 2, being along an east line of the herein described tract a distance of 395.28 feet to a point for corner, be- ing the southwest corner of said Lot 71 Block 4; THENCE North 880 21' 05" East along the south line of said Lot 7, Block 4, a distance of 116.27 feet to a point for corner; THENCE South 400 52' 36" East 33.12 feet to a point for corner; THENCE South 000 44' 12" East along the west line of Lot 8, Block 4, Summer- wood Addition, Section 2 a distance of 144.38 feet to a point for the south- east corner of the tract herein described and being the southwest corner of said Lot 8, Block 4, said corner being located in the north line of Thomas Road Addition; THENCE South 880 33' 18" West along the north line of said Thomas Road Addition and along a south line of the herein described tract a distance of 415.79 feet to a point for corner, being the southwest corner of that certain 1.56 acre tract described in Surface Deed from Pan American Petro- leum Corporation to Dan Collie, et al and recorded in Volume 1459, Page 398 of the Deed Records of Jefferson County, Texas and being the southeast cor- ner of that certain 2,93 acre tract of land conveyed by Leonard R. Stone, Trustee, et al, to A. D. Moore, Jr. , et a1, by deed recorded in Volume 1345, Page 38S of the Deed Records of Jefferson County. THENCE South 890 11' 24" West continuing along the north line of said Thomas Road Addition and the south line of said 2.93 acre tract a distance of 223.43 feet to a point for corner, being the southwest corner of the East 1.473 acres of said 2.93 acre tract and being the southeast corner of a tract of land pre- viously conveyed to E. G. Cordts, Jr. out of said 2.93 acre tract; THENCE North 000 17' 29" West with the east line of said Cordts tract a dis- tance of 284.10 feet to an iron stake for corner in the south line of a 75.0 foot drainage easement conveyed to Jefferson County Drainage District No. 6. THENCE North 870 58' 27" East along the south line of said drainage easement, at 223.60 feet pass an iron stake locating the northeast corner of said 2.93 acre tract and the northwest corner of said 1.56 acre tract and continue a total distance of 298.60 feet to an iron stake for corner; THENCE North 000 20' 23" East along the west line of the tract herein describ- ed and being along the east right of way line of a 75.0 foot drainage right of way conveyed to Jefferson County Drainage District No. 6 by Pan American Petro- leum Corporation a distance of 315.08 feet to a point for the northwest corner of the tract herein described, said corner being located in the south right of way line of Delaware Street; THENCE North 880 41' 06" East along the south right of way line of Delaware Street and along the north line of the tract herein described a distance of 202.10 feet to the place of beginning, containing in area 5.264 acres of land, more of less. all of which real property may hereinafter be referred to as "existing property." - 4 - 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: (a) the right of the Association to charge reasonable admission and other fees for the use of the recreational facilities 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 his Lot remains unpaid; and the right to suspend such rights 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 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 effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of the members has been recorded. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the BynLaws of the Association, his right of enjoyment in and to the Common Area 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 a Lot. Section 2. The Association shall have two (2) classes of voting Memberships, 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 owner. When more than one (1) person holds an interest in any Lot, all - 5 - such persons shall be Members. The vote for such Lot shall be exercised 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. The Class "B" Member shall be the Declarant, who shall be entitled to three (3) votes for each Lot owned. The Class "B" Member- ship 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 outstanding in the Class "B" Membership, or (b) on January 1, 1989. ARTICLE V ASSESSMENTS Section 1. Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it in the Addition, hereby covenants, 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, together with interest, costs, and resonable attorneys' fees, shall be a charge on the land and a continuing lien on each Lot against which such an assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' 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 assessments levied by the Association shall be used exclusively: (i) to promote the health, safety, wel- fare, and recreation of the residents in the Addition; and (ii) for the improvement and maintenance of the Connon Area within the Addition. Annual assessments shall include, and the Association shall acquire and pay for out of the funds derived from annual assessments, the following: (a) Maintenance and repair of the Common Area. - 6 - (b) Water, sewer, garbage, electrical, lighting, telephone, 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, including without limitation all equipment, furnishing, and personnel necessary or proper for use of the recreational facilities. (d) Maintenance and repair of sidewalks situated on the Common Area within the Addition; private streets and private drives situated on the Common Area within the Addition; and 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.) (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 Associa- tion, and shall be reviewed at least annually and increased or decreased in the discretion of the Association. (g) Workmen's compensation insurance to the extent necessary to comply with applicable law, and any other insur- ance deemed necessary by the Board of Directors of the Assoc- iation. (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 determined by the Board of Directors. (i) Any other materials, supplies, furniture, labor, ser- vices, 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 - 7 - law, or which shall be necessary or proper in the opinion of 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 maintneance of the Common Area, the Association shall provide maintenance of any exterior fencing of the perimeter boundaries of the subdivision con- structed by either Declarant or the Association. In addition, the Association shall provide for maintenance of any areas not located within the boundaries of any Lot or Common Area. Section 3. Power to Fix Annual Assessments. The power and authority to fix and levy the annual assessments shall rest exclusively 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, successors and assigns, including 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 assessment 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. Any special assessment shall have the assent of two-thirds (2/3rds) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. Section S. Notice and Quorum for Action Under Section 4. Written notice of any meeting called for the purpose of taking any action authorized under Sec. 4 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 meeting called, the presence of Members or of proxies entitled to cast fifty percent (50%) 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 requiremnt, and the required quorum at the subsequent meeting shall 'be one-half (Z) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 8 - Section 6. Uniform Rate of Assessment. Except as hereinabove provided, annual and special assessment must be fixed at a uniform 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 com- mencement of construction upon such unimproved Lot. A Builder (as that 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 unimproved Lot, whether construction shall have commenced or not; whichever date shall be the earlier. For purposes 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 successors one or more unimproved Lot in the Addition for the purpose of improving the Lots with residential improvements and selling, in the customary and ordinary course of his (or its) business, the improved Lots to the public; provided that the commencement of construction of improvements on an unimproved Lot other than for sale to the public, or the occupancy of an improved Lot, other than on a temporary basis as a model home or sales office, shall terminate such person's (or entity's) status as a "Builder", but only as to the Lot so improved or so occupied. Section 7. Date of Commencement of Annual Maintenance Assessments; Due Dates. The annual maintenance assessments provided for herein shall commence as to each Lot on the first day of the calendar 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 "Buildier" 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 assessment period (whether a calendar or fiscal year, as determined by the Board of Directors of the Association) . 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 Association shall, upon demand, for a reasonable charge, furnish a certificate signed by an officer of 9 - 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 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 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 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 assess- ments, 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 Tyrell L. Garth, Trustee, of Jefferson County, Texas, and his substitute or successors, the hereinbefore 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 itself, its successors and assigns, to warrant and forever defend the said premises unto the said Trustee, his substitutes, success- ors 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 successors 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 - 10 - 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 Statues 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 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 prerequisities to said sale shall be presumed to have been performed and such sale and conveyance shall be conclusive against grantor, his heirs and as- X, signs. In case of the absence, resignation, death, inability, failure or refusal of the Trustee herein named or of any substitute Trustee appointed hereunder to act, or in the event the Association shall deem it desirable to remove without cause the Trustee or any substitute Trustee and appoint another 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 appoint- ment and designation in writing; and this appointment shall vest in him, as Trustee, the estate and title in and to all said premises, and he shall thereupon hold, possess and execute all the rights, title, powers and duties herein con- ferred 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 Turstee, 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 power of sale and shall not prevent any sub- sequent exercise thereof. It is especially agreed that, in the event of a foreclosure under the powers granted herein, the person in possession of said property shall - 11 - 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 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 possess- ion 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. Section 10. Subordination of the Lien to Mortgages. The lien of the assess- ments 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 assess- ments 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 ART. I, Sec. 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 assess- ment, 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 service, maintenance and capital improvements. No payment or assessment for each individual assessment account shall be transferred or debited or credited to an- other account. - 12 - r ARTICLE VI OWNER'S OBLIGATION TO REPAIR AND MAINTAIN; OBLIGATION TO REBUILD; OBLIGATION TO CONSTRUCT SIDEWALK. Section 1. Owner's Obligation to Repair and Maintain Residence. Each Owner shall, at his sole cost and expense, perform such repairs and maintenance as shall be required to keep his residence in a condition comparable to the condition of such residence at the time of its initial construction, excepting only ordinary wear and tear. Additionally, (except to the extent of certain limited maintenance to be furnished by the Association under the provisions of ART. V, Sec. 2 (j) hereof) each Owner shall maintain his yard area and all sidewalks and driveways on his 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 Owners (or, 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 maintenance and repairs shall then be an additional assessment to which such Lot is subject and shall be due and payable to the Association in the month next following the delivery to the Owner (or, if more than one (1) Owner, to any of them) a written itemized statement of costs of such maintenance and repairs. This assessment shall be secured by the same lien or liens and shall be enforce- able 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 re- sidence 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 will substantially restore it to its appearance and condition immediately prior to such casualty. Reconstruction will be under- taken within three (3) months after the damage occurs and shall be completed with- in twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the Owner or Owners. ARTICLE VII ARCHITECTURAL CONTROL Section 1. Authority of Architectural Control Committee. No building, fence, wall or other structure shall be commenced, erected, placed or.maintained upon any Lot in the Addition or upon any portion of the Common Area, nor shall any exterior - 13 - addition to or change or alteration of any improvement in the Addition be made, until the plans and specifications therefore, showing the kind , shape, height, materials and location of the same shall have been submitted to and approved in writing by a majority of the Architectural Control Committee as to the quality of materials, the harmony of external design and location in relation to other existing or planned structures and overall topography. Plans and specifications shall reflect all driveways and sidewalks required to serve the Lot, even though the same may, in whole or in part, extend beyond the perimeter boundaries of the Lot. The Architectural Control Committee shall give or withhold approval (as is in the judgment of the Committee proper) of all matters set forth above. In the event the Architectural Control Committee fails to approve or disapprove plans and specifications within thirty (30) days after same are submitted to.it, approv- al will not be required and the related covenants will be deemed to have been fully complied with. Section 2. Composition of Committee; Vacancies; Delegation of Authority; and Surrender of Authority. The Architectural Control Committee shall be composed of three (3) or more persons to be appointed by Declarant. Declarant herewith appoints HERMAN M. MYERS, WALTER E. MYERS, and W. L. BOONE, JR. as the members of the initial Architectural Control Committee. In the event of the death, inability to serve, or resignation of a member of the Architectural Control Committee, the remaining members of the Committee shall have the power to designate a represent- ative to act for it. No member of the Committee or its designated representative shall be entitled to demand or receive any compensation or fee as a condition to its examination or approval of plans or specifications submitted or to be sub- mitted to the Committee hereunder. Upon the completion of construction of a residence upon each and every Lot in a Section of the Addition, the Architectural Control Committee may, by instrument in writing executed by a majority of the then members of the Architectural Control Committee, surrender its authority, powers and duties under this ARTICLE as to such completed Section to the Board of Directors of the Association or to a committee appointed by the Board of Directors. Upon completion of construction of a dwelling upon each and every Lot in the Addition the Architectural Control Committee shall thereupon surrend- er its authority, powers and duties to the Board of Directors or to a committee appointed by the Board of Directors of the Association as to the whole of said Addition. - 14 - ARTICLE VIII MAINTENANCE BY ASSOCIATION Section 1. Maintenance of Common Area. It shall be the duty and obligation of the Association to (i) maintain and repair the Common Area of the Addition, to- gether 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 dedicat- ed to general public use) ; (iii) maintain and repair sidewalks within the Addition, situated on the Common Area; (iv) maintain and repair private streets and private drives situated on the Common Area within the Addition; and (v) provide certain limited maintenance for the Lots within the Addition, as provided in ART V, Sec. 2 (j) hereof. ARTICLE IX PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which may be 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 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 of 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 neg- ligent 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 necess- ary protection against such elements. - 15 - 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 (1) 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 therefore, the Board of Directors of the Association shall select an ar- bitrator for the refusing party. ARTICLE X 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 Borrd 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 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 (except for a pickup truck having a manufacturer's rated carry- ing capacity of one half (%) ton or less) , camping or recreational vehicle shall be parked or stored upon any Lot in the Addition on a "permanent basis" (as hereinafter defined) except wholly within an enclosed garage appurtenant to a dwelling; nor shall any such boat, trailer, truck, capming or recreational vehicle be parked upon a street or driveway in the Addition on a "permanent - 16 - basis" (as hereinafter defined) . A "permanent basis", as that term is used above, shall mean any period of forty eight (48) consecutive hours or any period of twelve (12) consecutive hours on any two (2) consecutive days. 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 S. 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 per- manently; 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 limita- tion, 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 (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 initial 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 may be kept provided that they shall not become a nuisance and are not kept, bred, or maintained for any commercial purposes. Any household pets permitted shall be leashed when not inside the home or on the patio of the home. 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 - 17 - 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 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. Section 11. Use of Common Areas. Except in the individual yard areas appurt- enant 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 con- struction of the buildings located thereon or as approved by the Architectural Control Committee. Except for the right of ingress and egress and the right and easement of enjoyment as defined herein, the Owners are hereby prohibited and restricted from using any of the property in the Addition 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 Lots in the Addit- ion, and is necessary for the protection of said Owners. Any co-operative 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 connect- ing same to the residence, sanitary sewer line connecting the residence 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, and portion of natural gas and/or telephone service lines located on the Lot but not main- tained 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 heredita- ment, nor do any act nor allow any condition to exist which will adversely affect the other residences or their Owners. - 18 - 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 requires 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 Addition as a residential neighborhood, even though such activity be in the nature of a hobby and not carried on for profit. Section 15. Minimum Square Footage Requirements. No one-story ,or split level dwelling shall be permitted on any Lot in the Addition in which the living floor area of the main structure (including enclosed utility and storage rooms, but excluding open porches, carports and garages) shall be less than fifteen hundred (1,500) 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 (1,500) square feet. Section 16. Exterior Construction Materials. Any dwelling and all structures appurtenant thereto constructed on any Lot in the Addition shall have not less than sixty-five percent (65%) of the exterior thereof constructed of stone or brick, stone or brick veneer, or other masonry material. This requirement may be waived by the Architectural Control Committee, or by its duly authorized representative, provided such Committee or representative shall expressly approve (in advance of commencement of construction) the substitution of other exterior construction materials which shall, in the sole opinion of the Committee or its representative, not detract from or adversely affect the harmony of external design or appearance of the subject structure or other structures in the Addition. Section 17. Minimum Setback Requirements. 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, not 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 structure than as otherwise permitted by the Code of Ordinances of the City of Beaumont, Texas, as from time to time amended. - 19 - Section 18. Rights of Declarant and Its Transferees. Declarant or the Transferees of Declarant shall undertake the work of developing all or substant- ially all Lots included within the Addition. The completion of that work, and the sale, rental, or other 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 be established as a fully occupied residential community as soon as possible, nothing in this De- claration shall be understood or construed to: (a) Prevent Declarant, Declarant's Transferees, or the employees, contractors, or subcontractors, of Declarant or Declarant's Transferees from doing on any part or parts of the Addition owned or controlled by Declarant or Declarant's Transferees or their representatives, whatever they deter- mine may be reasonably necessary or advisable in connection with the completion of such work; (b) Prevent Declarant, Declarant's Transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's Transferees from constructing and maintaining on any part or parts of the Addition property owned or con- trolled by Declarant, Declarant's Transferees, or their representatives, such structures as may be reasonably neces- sary for the completion of such work, the establishment of the Addition as a residential community, and the disposition of Lots by sale, lease, or otherwise; (c) Prevent Declarant, Declarant's Transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's Transferees from conducting on any part or parts of the Addition property owned or controlled by Declarant or Declarant's Transferees or their representatives, the busi- ness of completing such work, of establishing the Addition as a residential community, and of disposing of Lots by sale, lease; or otherwise; or (d) Prevent Declarant, Declarant's Transferees, or the employees, contractors, subcontractors of Declarant or Declarant's Transferees from maintaining such sign or signs - 20 - on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease, or other- wise of Lots in the Addition. As used in this section, the words "its Transferees" specifically exclude purchasers of Lots improved with completed residence. ARTICLE XI EASENIENTS Section 1. Easements of Encroachments. Each lot and the property included in the Common Area shall be subject to an easement for encroachment created by construction, settling and overhangs, as designed or constructed by the Declarant or by builders of original construction to whom Declarant sells. Without limit- ing 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 encroach- ments 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 part- ially or totally destroyed, and then 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 encroachment and the maintenance thereof shall exist. When a house on one lot (Lot 1) is built prior to a house on the adjacent lot (Lot 2) is to be built immediately against their common property line, Lot 1 shall grant a temporary construction access easement to Lot 2. Said easement shall be three (3) feet in width and shall be immediately against their common property line and shall run the full length of said property line. However, protection of and responsibility for damage to Lot 1 shall belong to Lot 2. Section 2. Blanket Easement. As 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 collection vehicles and personnel to enter thereon in the performance of their duties. Further, a like easement is herewith gr anted to the Association, its representatives, agents, and em- ployees, 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. - 21 - Section 3. Other Easements. (a) Easements for installation and maintenance of utilities and drainage facilities and for private streets and private drives are shown and designated as such on the recorded subdivision Plat and are hereby dedicated to public use by Declarant. Within the utility of drainage easements, any structure, planting, or other material placed or permitted to remain which may damage or inter- fere 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 shall be at the sole risk of each respective lot Owner. (b) 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 easement, reservations, and rights of way shall at all times be open and accessible to public and quasi-public utility cor- porations, 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 what- ever may be necessary in, on, under and 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 and prive streets and private drives, provided that there are prior arrangements made for such crossings with the util- ity 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 liabile for any damage done by them, their agents, employees or contractors to such sidewalks or driveways in the course of installing, maintaining or removing utility lines and appurtenances thereto within such easements. - 22 - ARTICLE XII GENERAL PROVISIONS Section 1. Enforcement. The Declarant, 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 there- after. Section 2. Severability. Invalidation of any one (1) 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 ex- tended for successive periods of ten (10) years. This Declaration may be amend- ed 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 instrument signed by not less than seventy five percent (750) of the Lot Owners. Any amendment must be recorded. Section 4. Joinder by Lienholder. At the request of and as an accomoda- tion to Declarant, FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BEAUMONT ( the "Lender") , of Beaumont, Texas, being the owner and holder of a certain lien or certain liens upon the real property herein described (the "existing property") , joins with Declarant in the dedication to public use of the utility, drainage and street easements in and upon said real property, as shown and designated upon the recorded subdivision Plat thereof, and in the imposition of the re- strictions, covenants and conditions hereinabove set forth in this Declaration; and, by its joinder herein,_the Lender expressly subordinates its lien, liens, superior ,title and equities. to the easements herein dedicated and to the re- strictions, covenants, and conditions herein imposed. By its joinder herein, however, the Lender assumes none of the liabilities, duties, covenants or obligations of Declarant, its successors or assigns, nor does the Lender make any representations, guaranties or warranties as to any undertaking, covenants or representations of Declarant, its successors or assigns, the sole purpose - 23 - of the joinder by said Lender being to consent and agree to the dedication of said easements and to the imposition of said restrictions, covenants and con- ditions and to the subordination of its lien, liens, superior title and equities to said easements, restrictions, covenants and conditions. IN WITNESS WHEREOF, Declarant, HERMAN MYERS, INCORPORATED, a Texas Corpora- tion, acting herein by and through its duly authorized Officers, joined herein by FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BEAUMONT, have executed this Declaration on this the day of 1979, A.D. HERMAN MYERS, INCORPORATED ("Declarant") By: HERMAN M. MYERS,, PRESIDENT FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION By: ATTEST By: Secretary THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared HERMAN M. MYERS, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as President of Herman Myers, Incorporated, for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979, A. D. PUBLIC NOTARY JEFFERSON COUNTY, TEXAS. MY COMMISSION EXPIRES: THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared , Vice President of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF BEALtIONT own to me to be the person and officer whose name 'is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated as the act and deed of said Savings and Loan. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 1979, A. D. NUFARY PUBLIC IN AND FOR JEFFERSON COUNTY, TEXAS. MY CCWISSION EXPIRES: