HomeMy WebLinkAboutORD 76-16ORDINANCE NO.
ENTITLED AN ORDINANCE FOR THE ISSUANCE OF A SPE-
CIFIC USE PERMIT FOR CLUSTER HOUSING DEVELOPMENT
FOR A 13.263 ACRE TRACT HEREIN -DESCRIBED IN AC-
CORDANCE WITH A PLAN OF DEVELOPMENT; PROVIDING
FOR THE FILING OF, A DECLARATION; AND PROVIDING
THAT THE ISSUANCE OF SAID PERMIT IS CONDITIONED
IN COMPLIANCE WITH PRIVATE DRIVE CONSTRUCTION
SPECIFICATIONS.
WHEREAS, on January 19, 1976, the Planning and Zoning Commission
of The City of Beaumont recommended the issuance of a specific use per-
mit for cluster housing development to Beaumont West, Inc. for that cer-
tain 13.263 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 condition; 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 gran-
ted to Beaumont West, Inc. for that certain 13.263 acre tract of land
more particularly described as follows:
BEING a 13.263 acre tract of land out of the
Hezekiah Williams Survey, Abstract 56, Beau-
mont, Jefferson County, Texas, described as
follows:
BEGINNING at a point in the north line of
Gladys Street, said point being located North
891 59' 27" West a distance of 302.00 feet
measured along the north line of said Gladys
Street from a galvanized pipe which marks the
southeast corner of a tract of land heretofore
conveyed to The City of Beaumont by judgment
as recorded in Volume 1785, Page 57, Deed Re-
cords, Jefferson County, Texas, said BEGINNING
CORNER being located on the northeast bank of
Keith Ditch;
THENCE North 370 02' 13" West along the north
bank of said ditch a distance of 160.36 feet
to a point for corner;
THENCE North 021 20' 38" East a distance of
351.03 feet to a point for corner;
a
THENCE North 860 43' 12" East along the north
line_ of access 'Tract H' as described in Volume
1850,,Page 269, Deed Records, Jefferson County,
Texas, a distance of 987.94 feet to an angle
point;
THENCE North 52° 44' 32" East continuing along
the north line of said ',Tract H' a distance_ of
170.36 feet to a point for corner;
THENCE South 000,00' 33" East a distance of
638.23 feet to 'a pipe for.corner in the north
line .of Gladys Street;
THENCE South 890 59' 27" West along the north
line of Gladys Street a distance of 1,039.78
feet to the PLACE OF BEGINNING.
Section 2.
THAT this specific use permit herein granted is expressly is-
sued for and in accordance with that certain plan of development for
Beaumont West, Section 1, dated February 6, 1976, which plan of develop-
ment is attached hereto as Exhibit A and made a part hereof for all pur-
poses. Also attached hereto as Exhibit B, is that certain "Declaration
of Covenants, Conditions and Restrictions, Beaumont West, Section 1,
Beaumont, Texas", which Exhibit B is made a part of this specific use
permit as fully and.completely as though copied verbatim herein. As a
condition to the issuance of this permit, the declarant of Exhibit B
hereof shall file in the appropriate records of the County Clerk of Jef-
ferson 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 13.263 acre tract of land hereinbefore described.
Section 3.
THAT this specific use permit is expressly issued subject to
the condition that no Certificate of Occupancy shall be issued by The
City of Beaumont for a residential unit within the planned development
abutting on a private driveway that does not comply with or exceed the
private drive construction specifications of Exhibit C attached hereto,
which Exhibit C is hereby made a part of this specific use permit as
fully and completely as though copied verbatim herein..
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This permit is expressly issued subject to compliance 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 ' , 1976.
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PRIVATE DRIVE CONSTRU'CTI'ON'SPECIFI'CATI'ONS
Private drives within the planned development of this specific
use permit (Beaumont West, Section One) shall be constructed in com-
pliance with the following specifications:
Driveways will be four (4") inches in thickness, 2,50Q pounds
per square inch concrete reinforced with 6" X 6" six gauge wire mesh;
at least twenty-two (22') feet wide; shall be constructed on a two (2")
inch sand cushion; the cross section of the pavement will be concave so
that surface storm waters will drain down the center of the drive.
EXHIBIT C TO ORDINANCE NO. ` lo- I
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
BEAUMONT WEST, SECTION ONE
BEAUMONT. TEXAS
THIS DECLARATION, made on the date hereinafter set forth by
BEAUMONT WEST, INC., a Texas Corporation domiciled in Jefferson
County, Texas, hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of certain property known as
BEAUMONT WEST, SECTION ONE, an Addition to the City of Beaumont,
County of.Jefferson, State of Texas, which -is more particularly
described as:
BEING a 13.263 acre tract of land out of the Hezekiah Williams Survey,
Abstract 56, Beaumont, Jefferson County, Texas, described as follows:
BEGINNING at a.point in the north line of Gladys Street, said point
being located North 89° 59_' 27" West a distance -of 302.00 feet measured
along the north line of said Gladys Street from a galvanized pipe.which
marks the southeast corner of a tract of land heretofore conveyed to
the City of Beaumont by judgment as recorded in Volume 1785, Page 57,
Deed Records, Jefferson County, Texas, said BEGINNING CORNER being
located on the northeast bank of Keith Ditch;
THENCE North 37° 02' 13" West along the north bank of.said ditch -a.
distance of 160.36 feet to a point for corner;
THENCE North 02° 20' 38" East a distance of 351.03 feet to a point
for corner;
THENCE North 86° 43' 12" East along the north line of access "Tract
H" as described in Volume 1850, Page 269, Deed Records, Jefferson
County, Texas, a distance of 987.94 feet to an angle point;
THENCE North 52° 44' 32" East continuing along the north line of
said "Tract H" a distance of 170.36 feet to a point for corner;
THENCE South 00° 00' 33" East a distance of 638.23 feet to a pipe
for corner in the north line of Gladys Street;
THENCE South 890 59' 27" West along the north line of Gladys Street
a distance of 1,039.78 feet to the PLACE OF BEGINNING;
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.
EXHIBIT B TO ORDINANCE NO.
f
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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
described above shall beheld, sold and conveyed subject to the
following 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, successors and
assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to BEAUMONT
WEST HOME OWNERS ASSOCIATION, a Texas Non -Profit Corporation, its
successors and assigns.
Section 2. 'Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to
any Lot which is a part of the 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 the subdivided
real property hereinbefore described, and such additions thereto
as may hereafter be brought within the jurisdiction of the Associa-
tion as hereinafter provided.
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 of
the
property in
the Addition,
excluding (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
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of the Addition; and (iii) public streets 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 the recorded Plat of the Addition, with the exception
of (i) the Common Area; and (ii) the public street easements reflec-
ted 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 BEAUMONT WEST, INC. and its
successors; provided, however, "Declarant" shall also mean any
person or entity who shall acquire from BEAUMONT WEST, INC. or
its successors for the purpose of resale all or substantially all
of the Lots in the Addition not theretofore sold and conveyed by
BEAUMONT WEST, INC. or its successors.
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 BEAUMONT WEST,
SECTION ONE, and is more particularly described as follows:
BEING a 13.263 acre tract of land out of the Hezekiah Williams Survey,
Abstract 56, Beaumont, Jefferson County, Texas, described as follows:
BEGINNING at a point in the north line of Gladys Street, said point
being located North 89° 59' 27" West a distance of 302.00 feet measured
along the north line of said Gladys Street from a galvanized pipe which
marks the southeast corner of a tract of land heretofore conveyed to
the City of Beaumont by judgment as recorded in Volume 1785, Page 57,
Deed Records, Jefferson County, Texas, said BEGINNING CORNER being
located on the northeast bank of Keith Ditch;
THENCE North 37° 02' 13" West along the north bank of said ditch a
distance of 160.36 feet to a point for corner;
THENCE North 020 20' 38" East a distance of 351.03 feet to a point
for corner;
THENCE North 860 43' 12" East along the north line of access "Tract
H" as described in Volume 1850, Page 269, Deed Records, Jefferson
County, Texas, a distance of 987.94 feet to an angle point;
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THENCE North 52° 44' 32" East continuing along the north line of
said "Tract H" a distance of 170.36 feet to a point for corner;
THENCE South 00° 00' 33" East a distance of 638.23 feet to a pipe
for corner in the north line of Gladys Street;
THENCE South.890 59' 27" West along the north line of Gladys Street
a distance of 1,039.78 feet to the PLACE OF BEGINNING;
all of which real property may hereinafter be referred to as "existing
property,"
Section 2. Future Development. Declarant may, at its sole
election, bring within the scheme of this Declaration all or part
of the additional properties, consisting of 53 acres, more or less,
designated for "Future Development" on the Plat recorded contempo-
raneously 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 addi-
tional property which shall extend the scheme of the covenants.
Such Supplementary Declaration shall in all respects conform to the
requirements and restrictions of the Cluster Housing Ordinance of
the City of Beaumont, Jefferson County, Texas (Section 42-20.4 of
the Code of Ordinances of the City of Beaumont, as amended).
Such Supplementary Declaration may contain such complimentary
additions and modifications of the covenants and restrictions
contained in this Declaration as may be necessary to reflect the
different character of the added properties and as are not incon-
sistent 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' Easements of Enjoyment. Every Owner shall
have a right and easement of enjoyment in and to the Common Area
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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 of 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 to the Association to dedicate or trans-
fer 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 agreed to by the
Members.
No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by
2/3rds of each class of members has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in
accordance with the By -Laws of the Association, his right of enjoy-
ment 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.
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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 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 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" 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".membershipon 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, 1986.
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.
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Such assessments will be established and collected as hereinafter
provided. The annual and special assessments, together with interest,
costs, and reasonable 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 obligation
of the person or persons who owned the Lot at the time the assess-
ment fell due, but such personal obligation shall not pass to the
successors in title of such person or persons unless expressly as-
sumed by them.
Section 2. Purpose of Annual Assessments. The annual assess-..
ments levied by the Association shall be used exclusively to promote
the health, safety, welfare, and recreation of the residents in the
Addition, and for the improvement and maintenance of the Common
Area and of the homes situated within the Addition. Annual assess-
ments 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.
(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, in-
cluding without limitation all equipment, furnishings, and
personnel necessary or proper for use of the recreational
facilities.
(d) Maintenance and repair of sidewalks and driveways
in the Addition (whether situated on the Common Area or on
Lots in the Addition, but only to the extent that same ex-
tend beyond privacy fences, garages or carports); private
streets and drives in the Addition; and water, sewer, storm
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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 occupation 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 Association.
(g) Workmen's compensation insurance to the extent
necessary to comply with applicable law, and any other
insurance 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 em-
ployees of the Association in an amount to be determined by
the Board of Directors.
(i) Any other materials, supplies, furniture, labor,.
services, maintenance, repairs, structural alterations, in-
surance, taxes, or assessments which the Association is re-
quired to secure or pay pursuant to the terms of this Declara-
tion 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 maintenance of the Common Area, the
Association shall provide exterior maintenance on each Lot
as follows:.
(1) Mowing and care of grass in area of
Lot not enclosed within a privacy fence;
(2) Painting of exterior surface (or parts
thereof requiring painting) as deemed necessary
by the Board of Directors of the Association;
and
(3) Minor carpentry repairs to or replace-
ment of exterior trim, flashings, gutters, water-
proofing and. the like.
Exterior maintenance of the Lots in the Addition shall
NOT include:
(1). Structural repairs or replacements;
(2) Roof repairs or replacements; or
(3) Any maintenance, repair or replacement
attributable to the willful or negligent act of the
Owner of a Lot, his family, guests, invitees, tenant
or contract purchaser who reside on the property.
It is contemplated that there may ultimately be several
additional Sections of the Addition brought within the juris-
diction of the Association (as provided in ART. II, Sec. 22
"Future Development") and within the exterior Lot maintenance
of this Subsection. It is further contemplated that the costs
of such exterior Lot maintenance may vary from Section to
Section, primarily because of the difference. in ages of the
improvements constructed on the Lots in the earlier and later
included Sections of the Addition. In order to more equitably
and fairly apportion the exterior Lot maintenance costs among
the several Sections of the Addition, the Board of Directors
of the Association shall have the power and authority:
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(1) To fix and levy the annual assessment
for exterior Lot maintenance separately and inde-
pendently for each Section of the Addition and
separately from the annual assessments for all
other purposes.
(2) To establish and maintain a separate
account for receipt and disbursement of exterior
Lot maintenance assessments for each Section of
the Addition.
(3) To enter into separate and independent
contracts for exterior Lot maintenance for each
Section of the Addition.
(4) To create and appoint members of a separate
"Exterior Lot Maintenance Committee" for each
Section of the Addition; each such Committee to be
composed of three (3) or more Owners of Lots in'.
the Section for which the Committee is created;.and
the Board of Directors shall have the power and
right to delegate to each.such Committee all powers,
duties and responsibilities of exterior. Lot mainte-
nance, except for fixing and levying the annual
assessment for such exterior Lot maintenance (which
authority shall not be delegated and shall be exer-
cised solely by the'Board of Directors of the
Association).
Section 3. Power to Fix Annual Assessments. The power and
authority to fix and levy the.annual assessments shall -rest exclus-
ively with the Board of Directors of the Association, and when deter-
mined 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.
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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, provided 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.
Section 5. 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 requirement, and the required
quorum at the subsequent meeting shall be one-half (1/2) of the re-
quired quorum at the preceding meeting. No such subsequent meeting
shall be held more than.,sixty (60),days following the preceding
meeting,
Section 6. Uniform Rate of Assessment. Except as hereinafter
provided, annual and special assessment must be fixed at a uniform
rate for all Lots and may be collected on a monthly basis. Declarant.
or a Builder to whom Declarant sells shall not be responsible for
the payment of assessments on unimproved Lots until six (6) months
after commencement of construction upon an unimproved Lot. For
purposes of this Section and the next succeeding Section, "commence--
ment 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 more than one (1) 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 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
occupied.
As provided in ART. V, Sec. 2(j), the Association may fix and
levy assessments for exterior Lot maintenance separately for each
Section of the Addition, and although such assessment shall be
fixed at a uniform rate for all Lots in a Section, the rate of assess-
ment may differ from Section to Section, as determined by the Board
of Directors of the Association.
Section 7. Date of Commencement of Annual Maintenance Assess -
meets; 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 "Builder" as to a Lot; or
(iii) six (6) months following the commencement of construction by
Declarant or Builder upon an unimproved Lot. 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 assess-
ment against each Lot at least thirty (30) days in advance of each
annual assessment period. Written notice of the annual assessment
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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 the Association setting forth whether the assess-
ments on a specified Lot have been paid. A properly executed cer-
tificate of the Association as to the status of assessments.on a
Lou 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 (10%) 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 auxiliary and cumulative enforce-
ment of said lien hereinabove created, Declarant has granted, sold
and conveyed and by these presents does grant, sell and convey unto
THAD HEARTFIELD, Trustee, of.Jefferson County, Texas, and his sub-
stitute or successors, the hereinbefore described real property and
all improvements, additions, fixtures and appurtenances hereafter
placed thereon. To have and to hold the said premises, together
with the rights, privileges and appurtenances unto the said Trustee,
and to his substitutes or successors forever. And.Declarant does
hereby bind itself, its successors and assigns, to warrant and for-
ever defend the said premises unto the said Trustee, his substitutes,
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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
trust of the matters therein stated, and all prerequisites to said
sale shall be presumed to have been performed and such sale and con-
veyance shall be conclusive against grantor, his heirs and assigns.
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..sub:sti-
tute 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 em-
powered to appoint a successor and substitute without any formality
other than an appointment 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 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 power of sale and shall not prevent any subsequent exercise
thereof.
It is especially agreed that, in the event of a foreclosure
under the powers granted herein, the person in possession of said
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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-
tain the statutory action for forcible detainer and procure a writ
of possession thereunder. This possession shall in no wise preclude
the other and same may be exercised separately or simultaneously.
As additional properties are -brought into the Addition and within
the scheme of this Declaration, the recording of the Supplementary
Declaration therefor (as provided in ART. II, Sec. 2, "Future Develop-
ment") shall automatically subject such additional properties to the
lien and power of sale herein provided, with.the same force and effect
as if separately and expressly 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 material -
man T s
aterial
man'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 on any Lot shall not exempt such Lot from full and
uniform assessment as if such easement were not located thereon;
(b) all Common Area as defined in ART. I, Sec. 4 hereof; and (c)
all property exempted from taxation by the laws of the State of Texas,
- 16 -
upon.the terms and to the extent of such legal exemption. Not.
withstanding any provision herein, no land or improvements devoted
to dwelling use shall be exempted from sale 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 separate-
ly.identify the payments.and.assessments. for utility service, main-
tenance and capital improvements. No payment or assessment for
each individual assessment account shall be transferred or debited
or credited to another.account. _
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.
Except for any exterior Lot maintenance'to be performed by the Associa-
tion under the provisions of ART. V, -Sec. 2(3"), 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 compar-
able to the condition of such residence at the time of its initial
construction, excepting (i) ordinary wear and tear; and (ii) any
deterioration resulting from the failure or refusal of the Associa-
tion to perform any exterior maintenance for which itis obligated
hereunder. 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 (or, if more than
one [1] Owner, to any of them) specifying the maintenance or repairs
17 -
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 addi-
tional 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 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
will substantially restore it to its appearance and condition im
mediately prior to such casualty. Reconstruction will be under-
taken within three (3) months after the damage occurs and shall
be completed within twelve (12) months after the damage occurs,.
unless prevented by causes beyond -the control of the Owner or
Owners.
Section 3. Owner's Obligation to Construct Sidewalk. Reflected
upon the Plat of the Addition are sidewalks providing or designated
to provide pedestrian circulation within the Addition, which side-
walks are designated as (i) "collector sidewalks", or (ii) "unit
access sidewalks". Declarant or its successors.shall construct, in
conjunction with the construction of streets and private drives,
those sidewalks designated as "collector sidewalks" upon said Plat.
It shall be the obligation of the Owner or Owners of each,Lot served
by a "unit access sidewalk" to construct (in accordance with Section
42-20.4 of Chapter 42 of the Code of Ordinances of the City of
6-A
Beaumont, as amended) that portion or segment of such "unit access
sidewalk" as is adjacent to such Lot, as reflected upon such Plat.
Where a "unit access sidewalk" serves two (2) Lots (i.e., where
situated in a courtyard between blocks), the obligation to construct
such portion or segment of the "unit access sidewalk" serving both
Lots shall be the joint and mutual obligation of the Owners of both
such Lots, with one-half (1/2) of the costs of construction to be
borne by the Owner or Owners of each such Lot. Each portion or
segment of the "unit access sidewalk" shall be constructed within
one (1) year from the date of the conveyance from Declarant to the
Owner or Owners of the Lot served thereby or adjacent thereto, or
upon the completion of a dwelling upon the Lot served thereby or
adjacent thereto, whichever first occurs. Where a sidewalk segment
serves or is adjacent to two (2) Lots, when the Owner or Owners of
either such Lot shall be obligated to contruct and complete such
segment, then the Owners of both Lots shall be so obligated (even
though the time for completion would not have elapsed as to the Owner
or Owners of the second Lot). The obligation to construct a segment
of the "unit access sidewalk" shall be deemed a covenant running
with and a charge upon the Lot(s) served thereby and adjacent there-
to. Additionally, if the Owner or Owners of the Lot(s) obligated
to construct and complete a segment of the "unit access sidewalk"
shall fail or refuse to construct the same within the time stated
above, the Association may, at its election, construct such segment
(without any notice to the Owner or Owners obligated to construct
the same) and assess the costs of constructing such sidewalk segment
ratably among the Owners of the Lot(s) served thereby or adjacent
thereto. This assessment shall be due and payable by the Owner or
Owners to whom same is assessed in the month next following delivery
of an itemized statement of the construction costs incurred by the
Association, and such assessment shall be secured by the same liens
- 19 -
Old
s
and enforceable in the same manner as other assessments fixed or
levied by the Association hereunder.
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 por-
tion of the Common Area, nor shall any exterior addition to or change
or alteration of any improvement in the Addition 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 by 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 perimeterboundaries 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, approval.
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 ap-
pointed by Declarant. Declarant herewith appoints SAM 0. SMITH and
THAD HEARTFIELD as two (2) members of the initial Architectural
Control Committee. -In the event of the death, inability to serve,-
-20-
AD.
or resignation of a member of the Architectural Control Committee,
the remaining members of the Committee shall have the power to.desig-
nate a successor. The Committee shall have the power to designate
a representative 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 ap-
proval of plans or specifications submitted or to be submitted 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 exe-
cuted 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 (including the 53 acres, more or less, designated.
upon the Plat for "Future Development"), the Architectural Control
Committee shall thereupon surrender 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.
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, together with all structures and im
provements 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
and driveways in the Addition (whether situated on the Common Area -
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or on Lots in the Addition, but only to the extent that same extend
beyond privacy fences, garages or carports); (iv) maintain and re-
pair private streets and drives in the Addition; and (v) provide
exterior maintenance and repairs on each Lot in the Addition (as
provided in ART. V, Sec. 2[j] above).
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 there-
after 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 con-
tribution from the others under any rule of law regarding liability
for negligent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision
of this ARTICLE, an Owner who by his negligent or willful act causes
the party wall.to be exposed to the elements shall bear the whole
cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribution Runs with Lando The right of
any Owner to contribution from any other Owner under this ARTICLE
22 -
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 -M-arbitrator'. and such arbitrators
shall choose one (1) additional:.arbitrator, and the decision shall
be by a majority of all the arbitrators.. Should any party"refuse to
choose an arbitrator within ten (10)'days after written request
therefor, the Board of Directors of the Association shall select
an.arbitrator for.the refusing.party.
-ARTICLE .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.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 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.
-
23 -
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 carrying capacity.of one half
j1/21 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) in such a manner as to extend beyond the front
or rear of the dwelling, or, if upon a corner Lot, in such a manner
as to extend beyond the side of the dwelling facing the side street
or side drive. nor shall any such boat, trailer, truck, camping or
recreational vehicle be parked or stored upon any street or drive
in the Addition on a "permanent 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 5. Temporary Structures. No structures of a temporary
character, trailer, basement, tent, shack, barn, servants quarters
or other out buildings shall be used on any Lot at any time as a
residence, either -temporarily or permanently; nor shall any used
residence or other used structure.be moved onto any Lot. During the
construction and sales period of the initial dwelling units the _
Builder may erect and maintain such structures as is customary in
connection with such construction and sale of such property, in-
cluding, but without limitation, a business office, storage areas,
construction yards, signs, model units and sales offices.
Section 6. Signs.. No sign of any kind shall be displayed to
public view on any Lot or'building except one (1) sign of not more
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than five (5) square feet in area advertising the merits of the-.
property for sale or rent. During the construction and initial.sales
period of the dwelling 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. Subject -to
p � the terms
and provisions..of the PARTIAL RELEASE OF SURFACE RIGHTS, UNDER OIL,
GAS AND MINERAL LEASE, dated..June 3, 1974, executed by HNG Oil
Company and recorded in Volume.1850, Page 269 of the Deed 'Records
and in Volume 9 Page -188 of the Ma Records bo i
�P
both n Jefferson.
County, Texas, 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, ex-
cept'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
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 appurtenant to a residence, no planting or gardening
shall be done, and no 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 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 Associa-
tion's Board of Directors. It is expressly acknowledged and agreed
by all parties concerned that this paragraph is for the mutual bene-
fit of all Owners of Lots in the Addition, and any additions there-
to, 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 out-
side the.residence: air conditioning compressor condenser, including
pipes and electrical lines connecting same to the residence, sani-
tary 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,
any portion of natural gas and/or telephone service lines located on
the Lot but not maintained by the gas and/or telephone companies.,
- 26 -
An Owner shall do no act nor any work that will impair the
structural soundness or,integrity of another residence or impair
any easement or hereditament, nor do any act nor allow any condition
to exist which will adversely affect the other residences or their
Owners.
Section.13. Outside Antennas. Without prior..written approval
.of the Board of -Directors- no exterior television -or radio antennas
of any sort shall be placed, allowed or maintained.upon any.portion.
of.the improvements to be located upon any Lot, .nor upon any strut=
Lure situated in the Addition other than an aerial for a master
antenna system, should anysuch master system or systems -be utilized
and require any such exterior"antenna.
Section 14. Annoyance.No activity shall be carried on.upon.
any Lot or the Common Area which might reasonably be considered as
giving annoyance to neighbors of ordinary sensibilities and which
might be calculated to reduce the desirability of the 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 Addi-
tion 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 one thousand four hundred -
(1,400) square feet; nor'shall the first floor of any two-story or
story and one-half dwelling on any Lot have less than eight hundred
(800) square feet of such living area or a total of such living
area of less than one thousand four hundred;(1,400) square feet..'
Provided, however, there shall be permitted, on.not_more than ten
percent (10%) of the interior Lots in each Section of the Addition
and on not more than -two (2) such interior Lots in each Unit of each
Section (as'reflected by the recorded Plat.of each Section of the
Addition), one-story dwellings having one thousand three hundred
27 -
(1,300) square feet of living area, as above defined; the location
and density of such dwellings shall be subject to the approval of
the Architectural Control Committee provided for in ARTICLE VII hereof.
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 masonry, glass or other material
not ordinarily requiring exterior painting.
Section 17.. Rights of Declarant and Its Transferees. Declarant
or the Transferees of Declarant shall undertake the work of develop-
ing all or substantiallyall 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
Declaration 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 disposi-
tion of Lots. by sale, lease, or otherwise;
(Alt
(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 business
of completing h work, of establishing the Addition as a
P g suc
-residential community,.and of disposing of Lots by.sale,
lease or.otherwise;.or
(d) Prevent Declarant, Declarant's Transferees, or the`
employees, contractors,. -or subcontractors of Declarant or
Declarant's.Transferees from maintaining.such sign or signs
on any of the Lots owned or controlled by any of them.as
may be necessary in connection with the sale, lease, or
otherwise of Lots in the Addition.
As used in this section. -the -words "its Transferees" specifi-
cally exclude purchasers of Lots improved with completed residences..
ARTICLE XI
EASEMENTS :
Section 1. Easements of Encroachment. There shall exist
reciprocal appurtenant easements as between adjacent Lots and be-
tween each Lot.and any portion or portions of the Common Area adja-
cent thereto for any encroachment due to the unwilful placement.,
settling, 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 wilful conduct of an Owner. In the event the
structure containing two .(2) or .more residences is.partially or r
- 29
6--19`2�
.totally destroyed, and then rebuilt, the Owners so affected agree
that minor encroachments of parts of the.adjacent.residential
units on Common Areas (to the extent of not more than one foot
calculated 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. Other Easements.
(a) Easements for installation and maintenance of utilities
and drainage facilities and for a public street or streets
are shown and designated as..such.on the recorded subdivision
Plat..and-are.hereby dedicated to public use by Declarant.
In addition to the easements shown on the recorded Plat of
the Addition, there are hereby dedicated to public use by
Declarant extensions of the various utility easements shown on
such Plat under and across the areas designated on said Plat
as "Private Drives".lying between said utility -easements and
the individual Lots which are to be served by said utility
easements. Within these utility or drainage easements, no
structure, planting, 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 easements.
(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 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
in _
of doing whatever may be necessary in, on, under and above such
locations to carry out any.of the purposes for which such ease-
ments, reservations, and rights of way are reserved. Easements
for underground utilities may be crossed by sidewalks and
driveways, provided 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,
maintaining or removing utility lines and appurtenances
thereto within such easements.
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, reserva-
tions, liens and charges now or hereafter imposed by the provisions
of this Declaration. Failure by the Associationor by any Owner
to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability.. .Invalidation of any one (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 extended for successive periods of
ten (10) years. This Declaration may be amended during the first
twenty (20) year period by an instrument signed by not less than
ninety percent (907.) of the Lot Owners, and thereafter by an instru-
ment signed by not less than seventy five percent (75%) of the Lot
Owners. Any amendment must be recorded.
MIM
No Text
IN WITNESS WHEREOF, the BEAUMONT WEST,'INC,, the Declarant,,
joined herein by THE AMERICAN NATIONAL BANK OF BEAUMONT.,-has
executed this Declaration on this the day of
197_, A.D.
BEAUMONT WEST, INC. ("DECLARANT")
By:
Its President
ATTEST
By:
Its Secretary
THE AMERICAN NATIONAL BANK OF
BEAUMONT (''BANK" )
By:
Vice President
ATTEST
By:
Assistant Cashier
33
No Text