HomeMy WebLinkAboutORD 76-34ORDINANCE NO ' L
ENTITLED AN ORDINANCE FOR THE ISSUANCE OF
A SPECIFIC USE PERMIT FOR CLUSTER HOUSING
DEVELOPMENT FOR A 30.629 ACRE TRACT HEREIN
DESCRIBED IN ACCORDANCE WITH A PLAN FOR
DEVELOPMENT;.PROVIDING FOR THE FILING OF A
DECLARATION COVERING A 22.787 ACRE TRACT;
PROVIDING FOR THE FILING OF A SUBSEQUENT
DECLARATION COVERING THE REMAINDER OF SAID
30.629 ACRE TRACT.
WHEREAS,.on January. 19, 1976, the Planning and Zoning Commis-
sion of The City of Beaumont recommended the issuance of a specific
use permit for cluster housing development to New Land Development
Company, a joint venture, and its successors and assigns, for that
certain 30.629 acre tract of land hereinafter described; and,
WHEREAS, the City Council is of the opinion that the issuance
of such specific use permit is in the best interest of The City of
Beaumont, and its citizenry, subject to the hereinafter described con-
ditions; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT a specific use permit for cluster housing development in
accordance with Section 42-20.1 and Section 42-20.4, as amended, be
granted to New Land Development Company, a joint venture, and to its
successors and assigns, for that certain 30.629 .acre tract of land,
more particularly described as follows:
BEING .a 30.629 acre tract of land out of the
Hezekiah Williams League Abstract No. 56 in
Beaumont, Jefferson County, Texas, being also
a portion of that certain 202.932 acre tract
of land that was conveyed by J. B. and H. A.
Hooks to the Yount -Lee Oil Company on the 5th
of May, 1933, said deed being recorded in Vol-
ume 365, Page 406 of the Deed Records of Jef-
ferson County, Texas and said 30.629 acre
tract of land being more particularly de-
scribed by metes and bounds as follows:
FOR locative corner begin at an iron stake in
the North right-of-way line of Delaware Street
and in the West line of the Calder Highlands
Addition;
THENCE North 3 degrees 02 minutes 51 seconds
West with the West line of Calder Highlands
Addition 420 feet to an iron stake loca-
ting the Southeast and the beginning cor-
ner of the tract of land herein described;
THENCE North 3 degrees 02 minutes 51 se-
conds West with the West line of Calder
Highlands Addition 1408.60 feet to an iron
stake for corner;
THENCE South 86 degrees 26 minutes 14 se-
conds West with the South line of a 75 foot
width drainage right-of-way 950 .feet to an
iron stake for corner;
THENCE South 3 degrees 02 minutes 23 se-
conds East 1400.06 feet to an iron stake
for corner;
THENCE North 86 degrees 57 minutes 09 se-
conds East 950.15 feet to the place of be-
ginning containing 30.629 acres of land.
Section 2.
THAT this specific use -permit herein granted is expressly
S
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issued for and in accordance with that certain plan for development
for the park on Thomas Road, Section 1, Beaumont, Texas, dated De-
cember 17, 1976, which plan of development is attached hereto as
"Exhibit A" and made a part hereof for all purposes. Also attached
hereto as "Exhibit B" is that certain "Declaration of Covenants,
Conditions and Restrictions, .The Park on Thomas Road, 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.
Said "Exhibit B" is a Declaration of Covenants, Conditions, and Restric-
tions affecting a certain 22.787 acre portion of the tract of land de-
scribed in Section 1 hereinabove, said portion so.included in "Exhibit
B" being more particularly described as follows:
BEING a 22.787 acre tract of land out of
the J. B. and H. A. Hooks 202 acre tract
of land in the H. Williams League in Beau-
mont, Jefferson County, Texas, and being a
part of that certain 27.75 acre tract of
land conveyed by Amoco Production Company
to New Land Development Company and being
a part of that certain 12.442 acre tract
of land conveyed by Jack S. Josie to New
Land Development Company and said 22.787
acre tract of land being more particularly
described by metes and.bounds as follows:
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FOR locative point begin at an iron stake
in the West line of Lucas Drive and the
North line of Delaware Street;
THENCE South 89 degrees 02 minutes 34 se-
conds West with the North line of Delaware
Street 163.33 feet to a concrete monument
in the West line of Calder Highlands Addi-
tion, a plat of which is recorded in Vol. 4
Page 155 of the Map Records of Jefferson
County, Texas; said concrete monument also
locating the Southeast corner of said 12.442
acre tract of land,and the Southeast and the
beginning corner of the tract of land herein
described;
THENCE North 0 degrees 47 minutes West with
the West line of Calder Highlands Addition
1026.0 feet to an iron stake locating the
Northeast corner;
THENCE South 89 degrees 13 minutes West 950
feet to an iron stake for corner in the West
line of the'said 27.75 acre tract of land
conveyed by Amoco Production Company to the
New Land Development Company;
THENCE South O'degrees 47 minutes East with
the said West line 1051.63 feet to an iron
stake for corner in the North line of Dela-
ware Street; said iron stake also locating
the Southwest corner of said 27.75 acre tract
of land conveyed by Amoco to New Land Develop-
ment Company;
THENCE in an Easterly direction with the North
line of Delaware Street the following courses
and distances:
North 89 degrees 07 minutes 31 seconds East
423.69 feet;
North 89 degrees 10 minutes 41 seconds East
160.21 feet;
North 83 degrees 32 minutes.04 seconds East
247.27 feet; -
North 89 degrees 02 minutes 34 seconds East
120.21 feet to THE PLACE OF BEGINNING contain-
ing 22..787 acres of land.
As a condition to the issuance of this permit, the declarant
of'!Exhibit B" hereof shall file in the appropriate records of the
County Clerk of Jefferson County, Texas, a copy of said "Exhibit B"
prior to the issuance of a Certificate of Occupancy by The City of
Beaumont for any residential unit within the 22.787 acre tract of
land hereinabove described in "Exhibit B".
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Section 3.
THAT this specific use permit is expressly issued subject to
the condition that no building certificate for a residential unit
not included within the boundaries of the 22.787 acre tract of land
described in Section 2 hereof, but included within the boundaries of
the 30.629 acre tract of land described in Section 1 of this ordi-
nance, shall be issued until a Declaration.of Covenants, Conditions
and Restrictions substantially in compliance with "Exhibit B" hereof,
and, in any event, in full compliance with Sections 42-20.1 and 42-20.4
of the Code of Ordinances of The City of Beaumont, has been reviewed
and approved by the City Attorney of Beaumont. Further, no Certificate
of Occupancy for,any residence within the area not included in "Exhibit
B" hereof shall be issued until declarant shall have filed in the appro-
priate records of the County Clerk of Jefferson County, Texas, said ap-
proved declaration.
This permit is expressly issued subject to compliance.with ,all
appropriate revisions of the Code of Ordinances.of The City of Beau-
mont.
F�
Mayor
-4-
PASSED
BY THE CITY COUNCIL of
The City of Beaumont this the
day of
�,�� ) ,
1976.
F�
Mayor
-4-
'/ j o I
DECLARATION
-OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE PARK ON THOMAS ROAD, SECTION ONE,
BEAUMONT, TEXAS
THIS DECLARATION, made on.the date hereinafter set forth by
NEW LAND DEVELOPMENT COMPANY, a Joint Venture formed and existing
under the laws of the State of Texas, having its -,principal offices
inBeaumont, Jefferson County, Texas, and hereinafter referred to
as ."Declarant".
W I T N E S SETH::
WHEREAS, Declarant is the owner of certain property known as
THE PARK ON THOMAS ROAD, SECTION ONE, an Addition -to the City of
Beaumont, County of Jefferson, State of Texas, which is more particu-
larly described as:
BEING a 22.787 acre tract of land out of the J. B. and H. A.
Hooks.202 acre tract of land in the H. Williams League in
Beaumont, Jefferson County, Texas, and being a part of that
certain 27.75 acre tract of land conveyed by Amoco Production
Company to New Land Development Company and being apart of
that certain 12.442 ::acre tract of land conveyed by Jack S.
Josie to New Land Development Company and said 22.787 acre
tract of land being more particularly described by metes
and bounds as follows:
FOR locative point begin at an iron stake in the West line
of Lucas Drive and the North line of Delaware Street;
THENCE South 89 degrees 02 minutes 34 seconds West with the
North line.of Delaware Street 163.33 feet to a concrete
monument in the West line of Calder Highlands Addition, a
plat of which is recorded in Vol. 4 Page 155 of the Map
Records of .Jefferson County, Texas; said concrete monument
also locating the Southeast corner of said 12.442 acre
tract of land and the Southeast and.the beginning corner of
the tract of land herein described;
THENCE North 0 degrees 47 minutes West with the West line
of Calder Highlands Addition 1026.0 feet to an iron stake
locating the Northeast corner;
THENCE South 89.degre.es 13 minutes West 950 feet to an
iron stake for corner in the West line of the said 27.75
acre tract of land.conveyed by Amoco Production Company
to the New Land.Development Company;
THENCE South 0 degrees 47 minutes East.with the said West
line 1051.63 feet to an iron stake for corner in the North
line of Delaware Street;.said iron stake also locating the
Southwest corner of said 27.75 acre tract of land conveyed
by Amoco to New Land Development Company;
Cct,
THENCE in an Easterly direction with the North. line of
Delaware Street the following courses and distances:
North 89 degrees 07 minutes 31 seconds East 423.69 feet;
North 89 degrees 10.minutes 41 seconds East 160.21 feet;
North 83 degrees-32.minutes 04.seconds East 247.27 feet;
.North 89 degrees 02 minutes 34 seconds East 120.21 feet to
THE PLACE OY BEGINNING containing 22.787.acres of land;
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, attractiveness and desirability of Lots constituting the
Addition,. Declarant hereby declares that all of the properties de-
scribed above shall be held, sold and conveyed subject to the follow-
ing 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 THE PARK ON
THOMAS ROAD 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 -Association
as hereinafter provided.
2,
Section 4. "Common Area" shall mean all real property (including
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 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. "Recreation Area" shall mean and -refer to that certain
portion of .the Common,Area,-containing fifty five thousand three
hundred (55,300) square feet of land, more or less, reflected and
designated as the "Recreation Area" 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 public street easements reflected and
designated as such upon the Plat of the Addition.The Lots in the
Addition, for the purpose of reference and distinction later in this
Declaration, shall be divided into two classes,. as follows:
Class One: Class One Lots'shall be deemed to include
only Lots Numbers One (1) through and including Five (5)1?
in Block Number One (1), and Lots Numbers One (1) through
and including Seven (7), in Block Number Two (2), of THE
PARK ON THOMAS ROAD, SECTION ONE;
Class Two: Class Two Lots shall be deemed to'include
all Lots in the Addition, except those. designated.above as
Class One Lots.
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Section 7. "Member".shall mean every person or entity who holds
membership in the Association..-.
Section 8. "Declarant" shall mean NEW LAND DEVELOPMENT COMPANY
or its successors; provided, however, inasmuch as NEW LAND DEVELOP-
MENT COMPANY contemplates that ANDERSON CONSTRUCTION COMPANY, a Texas
Corporation, or some other person or entity, shall acquire from
NEW LAND DEVELOPMENT COMPANY for the purpose of resale all (or sub-
stantially all) of the Lots in the Addition, the term "Declarant".
shall also include the said ANDERSON CONSTRUCTION COMPANY and its
successors, or such other person -or entity, who shall acquire from -
NEW LAND DEVELOPMENT COMPANY or its successors for the purpose of
resale all'(or substantially all) of the Lots in the -Addition.
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 THE PARK ON THOMAS ROAD, SECTION.
ONE, and is more particularly described as follows:
BEING a 22.787 acre tract of land out of the J. B. and H. A..
Hooks 202 acre tract of land in the H. Williams League in
Beaumont, Jefferson County, Texas, and being apart of that
..certain 27.75 acre tract of land conveyed by Amoco Production,
Company to New Land Development Company and being a part of
that certain 12.442 acre tract of land conveyed by -Jack S.
Josie to New Land Development Company and said 22.787 acre
tract,of land being more particularly described by metes
and bounds as follows:
..FOR locative point begin at an iron stake in the West line
of Lucas Drive and the North line of Delaware Street;
THENCE South 89 degrees 02 minutes 34 seconds West with the
North line of Delaware Street 163.33 feet to a concrete
monument in the West line of Calder Highlands Addition, a
plat of which is recorded in Vol. 4 Page 155 of the Map
Records of Jefferson County, Texas; said concrete monument
also locating the Southeast corner of said 12.442 acre
tract of land and the -Southeast and beginning corner of
the tract of land herein described;
THENCE North 0 degrees 47 minutes West with -the West line
of Calder Highlands Addition 1026.0 feet to an-iron.stake
locating the Northeast corner;
4.
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THENCE South 89 degrees 13 minutes West 950 feet to an
iron stake for corner.in the West line of the said 27.75
acre tract of land conveyed by Amoco Production Company
to the New Land Development Company;
THENCE South 0 degrees 47 minutes East with the said West
line 1051.63 feet to an iron stake for corner in the North
line of Delaware Street; said iron stake also locating the
Southwest corner of said 27.75 acre tract of land conveyed
by -Amoco to New Land.Development"Company;
THENCE in an Easterly direction with the North line of
Delaware Street the following courses and distances:
North 89 degrees 07 minutes 31. seconds East'423.69 feet;
North 89 degrees 10 minutes 41 seconds East 160.21 feet;..
North 83 degrees 32 minutes 04 seconds East 247.27 feet;
North 89 degrees 02 'minutes 34 seconds East 120.21 feet to
THE PLACE OF BEGINNING containing 22.78.7.acres'of land;
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 17.41 acres, more or'less,
designated for '.'Future Development" on the Plat recorded contemporane-
ously 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 require-
ments 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 con-
tained in this Declaration as may be _necessary to reflect the differ-
- ent character of the added properties and as are not inconsistent.
with the scheme.of this Declaration. In no event, however, shall such
Supplementary Declaration revoke., modify or add.to the covenants
established by.this Declaration within the existing property.
5.
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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
Area situated upon the Common Area;
(b) the right of the Association to suspend the voting
rights and right to use the Recreational Area 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;
(e) the right of 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 be agreed.to by the
Members.
No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by.
2/3rds of each class of members has been recorded.
Section 2. Notwithstanding the provisions of.Section 1 of,this
Article, the right -and easement of enjoyment of the Owners of Class
One Lots shall be limited to the Recreational Area (as hereinabove
defined), together with those portions of the Common Area as are
appurtenant to the Recreational Area (such as the private drives
affording access thereto and the.off-street parking areas adjacent
thereto), which right and easement of enjoyment shall be exercisable -
in -common with all other Owners of Lots in the Addition and subject
to the provisions contained in Section 1 above
Section 3. 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.
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 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" Membership shall cease and be converted to
Class "A"Membership on the happening of either of the fol-
lowing events, whichever occurs earlier:
(a) when the total votes outstanding in the.
Class "A" Membership equal the total votes out-
standing in the Class "B" Membership, or
(b) on January 1, 1986.
ARTICLE V
ASSESSMENTS
Section 1. Lien and Personal Oblation of Assessments. Declarant9
.for each Lot owned by it in the Addition, hereby covenants, and each
7
owner of a Lot in the Addition is hereby deemed to covenant, by accep-
tance 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 reasonable
attorneys` fees, shall be a charge on the land'and a continuing lien
on each Lot against which such.as 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 per-
sonal obligation shall not pass.to the successors in title of.such
person or persons unless expressly assumed by them.
Section 2. Purpose of Annual Assessments. The annual assess-
ments levied by the Association shall be used exclusively: -(i) to .,
promote the health, safety, welfare, and recreation of the residents
in the Addition; (ii) for the improvement and maintenance of -the Common
Area within the Addition; and.(iii) for certain "exterior Lot main-
tenance" of the Class Two Lots in 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.
(b) Water, sewer, garbage, electrical, lighting, tele-
phone, gas, and other necessary utility service for the
Common Area.
(c) Acquisition of furnishings and equipment for the
Common Area, as may be determined by the Association, in-
cluding without limitation all equipment, furnishings, and
personnel necessary or proper for use of the.Recreational
Area.
(d) Maintenance and .repair .of sidewalks situated on the
Common Area within the Addition; private drives situated on -
the Common Area within the Addition; and water, sewer,. storm
a
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 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
employees 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 the maintenance of the Common Area,
the Association shall provide. exterior Lot maintenance on
each Class Two Lot within the Addition, as follows: (i) mowing,
trimming and care of grass in area of Lot not enclosed
within privacy fence; and (ii) maintenance and repair of
sidewalks extending beyond dwelling, garage or carport
and not enclosed within privacy fence.
Section 3. Limitation on Annual Assessments for Class One Lots.
Due to the limitations hereinabove imposed upon the rights and ease-
ments of enjoyment of the Owners of Class One Lots in and to the
Common Area of the Addition, the annual assessments which the Associa-
tion shall have the power and authority to fix and levy against each
Class.One Lot shall be limited to such Lot's proportionate part
(spread and allocated equally and uniformly over all of the Lots.in
the Addition, without regard to Class, on which the Association shall
have authority to levy assessments) of the following:
(a) Maintenance and repair of the Recreational Area,
together with the off-street parking area adjacent thereto.
(b) Water, sewer, garbage, electrical, lighting, tele-
phone, gas and other necessary utility service for the Recrea-
tional Area.
(c) Acquisition of furnishings and equipment for the
Recreational Area and personnel necessary or proper for the
use of the Recreational Area.
(d) Maintenance and repair of water, sewer, storm
drainage and other utility lines in Recreational Area (which
shall not be dedicated to general public use).
(e) Fire insurance covering the full insurable re-
placement value of the improvements (and their contents)
in or on the Recreational Area, with extended coverage; or
that proportional part of the aggregate premium for fire and
extended coverage insurance upon all improvements (and their
contents) on the Common Area as shall be allocable to the.
Recreation Area, its improvements and their contents.
(f) Liability insurance insuring the Association
10.
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
Recreational Area; or that proportional part of the aggre-
gate premium for liability insurance upon all the Common
Area as shall be allocable to the Recreation Area.
(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, related or incident to the maintenance,
ownership and operation of the Recreational Area; or that
proportional part of the aggregate premium for such in-
surance coverage as sha l be allocable to the maintenance,
ownership and operation of the Recreational Area.
(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,
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 maintenance, ownership and operation of the Recreational -
Area.
Section 4. 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.
11.
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Section 5. Special Assessments for Capital Improvements.. In
addition to the annual maintenance assessments authorized above, the
Association may levy, in any assessment year, a special 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. Again, due to the
limitations hereinabove imposed upon the Owners -of Class One Lots
with respect to their respective rights and easements of enjoyment
in andtothe.Common Areas, no special assessment shall be fixed or
levied by the.Association upon Class One Lots except only for the
purpose of defraying, in whole or in part,.the cost of constructing,
reconstructing, repairing or.replacing a capital improvement, or the
fixtures or personal property related thereto, in or on the Recrea-
tional Area (the cost of which shall be allocated uniformly to all
Lots in the Addition, without regard to Class). Any special assess-
went_shall have the assent of two-thirds (2/3rds) 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 6. Notice and Quorum for Action Under Section 4.
Written notice of any meeting called for the purpose of taking any
action authorized under Sec. 5 shall be sent to all Members not less
than ten (10) days nor more than sixty (60) days in advance of.the
meeting. At the first such meeting called, -the presence of Members
or of proxies entitled to cast fifty percent (50%) or more of all-the-
votes
ll the
votes of each class of membership shall constitute a quorum. If the
required quorum is not present,.another meeting may be called sub-
ject to the same notice requirement, and the required quorum at the
subsequent meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days -'following the preceding meeting.
12.
ry
Section 7.. 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 unim-
proved Lot until six (6) months after commencement 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 con-
struction 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 more than one (1).unimproved
Lot in the Addition for -.the purpose of improving the Lots with resi-
dential'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 occu-
pancy 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 8. Date of Commencement of Annual Maintenance Assess-
ments; 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;
the conveyance of a Lot by the Declarant or a Builder to an.owner;
(ii) the termination of:the status of "Builder" as to a Lot; (iii)
six (6) months following the commencement of construction by Declarant.
13-
-
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 remaining in the annual
assessment period (whether a calendar or fiscal year, as determined
by the Board of Directors of the Association). The Board of Direc-
tors 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 Assocation shall, upon demand, for a reasonable charge,
furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have.been-paid, A
properly executed certificate of the Association as to the..status of
assessments on a Lot is binding upon the Association -as of the date
of its issuance.
Section 9. Effect of Nonpayment of Assessments; Remedies of the'.
Association. Any assessment not paid within ten,(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 improvements, additions,.fix-
tures 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 10: 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
14.
RONNIE ANDERSON, 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,
successors and assigns forever, against the claim or claims of all
persons claiming or to claim the same, or any part thereof, for and
upon the following trusts, terms, covenants and agreements, to -wit
That whereas, Declarant, its successors and assigns may hereafter
become justly indebted to the Association,.as evidenced by the.
hereinbefore mentioned assessments. Should Declarant,, its 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 convey-
ance 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 there
upon, or any time thereafter, be the duty of the Trustee, or his
successor or substitute, at the request of the Association (which
request is hereby.conclusively presumed) to enforce this trust
and 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
15
first pay all expensesof advertising said sale and making.the.con-
veyance, and then to the Association the full amount of assessments
owing, interest thereon, and reasonable.attorney's fees, rendering
the balance of the sales price, if any, to grantor, his heirs. or
assigns; and the recitals in the conveyance.to said purchaser or
purchasers shall be full and conclusive evidence -of the truth of the
matters.therein stated,'and all prerequisites to said sale shall be
presumed to have been performed and such sale -and conveyance shall
be conclusive against grantor, his heirs and assigns.
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 substi
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
m
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 property-.
shall thereupon become the tenant -at -will of the purchaser at such.
16.
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.ma.intain the statutory.action
for forcible detainer and procure a writ of possession thereunder.
This provision shall in no wise preclude the purchaser from bringing
any other legal action for possession of said property and the bring-
ing of.one'character of action shall not preclude the other, and the
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 11. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate to any
purchase money mortgage or any constitutional mechanic's and material -
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 -
meets thereafter becoming due or from the lien thereof.,
Section 12. Exempt Property.. The following property subject
to -this Declaration shall be exempted from the assessments, charge
and lien created herein: (a) all properties to the extent of any
easement or other interest therein dedicated and accepted by the local
public authority and devoted to public use; except that the existence
of an easement 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. Notwith
17
standing any provision herein, no.land or improvements' devoted to
dwelling use shall be exempted from sale assessment, charges or
liens.
Section 13. 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 indiv-
idual 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..
Each Owner shall, at his sole cost and expense, perform.such repairs
and maintenance as shall be required to keep his residence in a coni
ditiori 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 exterior Lot maintenance of
the Class Two Lots to be furnished by the Association under the pro-.
visions 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 Associa-
tion to the Owners (or, if more than one [1] Owner, to any of them)
specifying the maintenance or repairs required to be.made, the Asso-
ciation 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]
18.
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 immediately
prior to such casualty.. Reconstruction will.be undertaken -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 Mmer 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 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 extermal design and location in releation
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, ex
tend beyond the perimeter boundaries of the Lot. The Architectural
Control Committee shall give or withhold approval (as is in the
judgment of the Committee groper) 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 appointed
by Declarant. Declarant herewith appoints MORRIS ANDERSON, RONNIE.
ANDERSON, and MACK FULBRIGHT 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 successor. The Committee.shall have the power to designate a rep-
resentative to act for it.- No member of the Committee or its desig-
nated representative shall be entitled to-demand.or receive any com-
pensation.or fee as a condition to its examination or approval of plans.
or specifications submitted or to be submitted to the Committee here-
under. 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 (including the
17.41 acres, more or less, designated upon the Plat for "Future Develop-
ment"), the Architectural Control Committee shall thereupon surrender
its authority,. powers andduties to the Board of Directors or to a
committee appointed by the Board of Directors of the Association as
to the whole or said Addition.
obligation.of the Association to (i) -maintain and repair the Common
Area of the Addition, together with all structures and improvements
thereon; (ii) maintain and repair all water, sewer, storm drainage
and other utility lines in or serving the Common Area or serving more
than one (1) Lot in the Addition (which shall not be dedicated to
general public use); (iii) maintain and repair sidewalks within the
Addition, situated on the Common Area; (iv) maintain -and repair
private streets situated on the Common Area within the Addition'; and
(v) provide exterior Lot maintenance for the Class Two 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 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 inconsistent
with the provisions of this ARTICLE, the general rules'of law regard
ing party walls and liability for property damage due to negligence
or willful acts or omissions shall apply thereto..
Section 2. Sharing of Repair and Maintenance. The.cost of
reasonable repair and maintenance of a party wall shall be shared...
by -the Owners
who make use of
the. wall
in proportion to
such use.
Section
3. Destruction by
Fire or
Other Casualty..
if a party
wall is destroyed or damaged by fire or other casualty any Owner who
has used the wall may restore it, and if the other Owners thereafter -
make use of the wall, they shall contribute to the cost of restoration
-.thereof in proportion to such use without prejudice, however, to the
right of any.such Owners to call for a larger contribution from the
others under any rule of law regarding liability for negligent.or
willful.acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other.prov'ision
21.
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 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 there -
for, the Board of Directors'-of the Association shall select an arbi-
trator 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 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
22'.
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 carrying capacity of one half.
[1/2] 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"appurte-
Want to a dwelling; nor shall any such boat, trailer, truck, camping
or recreational vehicle be parked upon a'street or driveway in the
Addition .on a "permanent basis" (as hereinafter defined). ",.A "perma-
nent basis", as that term is used above, shall mean any period of:
forty .eight (48) consecutive hours or any period of twelve (12) con-
secutive hours on any two (2) consecutive days. No repair work, dis-
.mantling or assembling of motor vehicles or any other machinery or
equipment shall be permitted.in any street, drive, driveway 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
21
...:than eight () square feet in areaadvertising- the e
r
its 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, not to exceed a total of
two (2) pets,.may be keptprovided 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 maintainedas dumping ground for
rubbish. Trash, garbage -or other waste shall be kept screened by
adequate -planting or fencing so as to conceal them from public
view. There is reserved in favor of the Association the determination.
of the method of garbage, disposal, that is, whether it shall. be
through public authority or through private garbage disposal
contractor(s). All 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 sidewalks, driveways, parking areas, fences,
hedges or walls shall be erected or maintained upon any Lot except
24. -
I\
r
such as are installed in accordance with the -initial construction
of the buildings located thereon or as approved by the Architectural
Control Committee. For the purpose of providing,adequate pedestrian
access from the streets in the Addition to dwellings constructed
upon the Class Two Lots therein (and from such dwellings to the streets),
there is hereby'reserved in favor of each Class Two Lot.an appurte-
nant sidewalk easement, not to exceed four feet'(4') in width, across
the adjacent Common Area from the front Lot line thereof to the
nearest street right of way, together with.the right to construct
(subject to the .foregoing limitations) within such easement a con-
crete sidewalk or walkway. 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 ex-
pressly acknowledged an d'agreed by all parties concerned that this.
paragraph is for the mutual.benefit of all Owners of Lots in the
Addition, and any additions thereto, 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 improve-
ments on the Common Area, including but not limited to,. -buildings,
recreation and parking areas and walks, shall be taken by the Board
of Directors or by its duly delegated representative.
.Section 12. Owner's Maintenance. The Owner shallmaintain
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,
25.
and portion of natural gas and/or telephone service lines located
on the Lot.but not maintained by the gas and/or telephone companies.
An Owner shall do no act nor any work that will impair the
structural soundness or integrity of another residence or impair
any easement or hereditament, nor do any act nor allow any condition
to exist which will adversely affect the other residences or their .
Owners
Section 13. 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 14. Minimum Square Footage Requirements. No one-story
or split.level dwelling shall be permitted on any Class One Lot in
the Addition in which the living floor area of the main structure (in-'
cluding enclosed utility and storage rooms, but excluding open porches.,.
carports and garages) shall be less than three thousand (3,000) square
feet;.nor shall the first floor of any two-story or.story and one-
half dwellingon any Lot have less than one thousand five hundred
(12500) square feet of such living area or a total of such living.
area of less than three thousand (33,000) square feet. No one-story
or split level dwelling shall be permitted -on any Class Two Lot in:
the Addition in which the living floor area of the main structure (in"
cluding enclosed utility and storage rooms, but excluding open porches,
carports and garages) shall be less than one thousand -five hundred
(12500) 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 -one thousand .five hundred (1,500) square.feet.
26.
-1 1
�r/
and portion of natural gas and/or telephone service lines located
on the Lot.but not maintained by the gas and/or telephone companies.
An Owner shall do no act nor any work that will impair the
structural soundness or integrity of another residence or impair
any easement or hereditament, nor do any act nor allow any condition
to exist which will adversely affect the other residences or their .
Owners
Section 13. 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 14. Minimum Square Footage Requirements. No one-story
or split.level dwelling shall be permitted on any Class One Lot in
the Addition in which the living floor area of the main structure (in-'
cluding enclosed utility and storage rooms, but excluding open porches.,.
carports and garages) shall be less than three thousand (3,000) square
feet;.nor shall the first floor of any two-story or.story and one-
half dwellingon any Lot have less than one thousand five hundred
(12500) square feet of such living area or a total of such living.
area of less than three thousand (33,000) square feet. No one-story
or split level dwelling shall be permitted -on any Class Two Lot in:
the Addition in which the living floor area of the main structure (in"
cluding enclosed utility and storage rooms, but excluding open porches,
carports and garages) shall be less than one thousand -five hundred
(12500) 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 -one thousand .five hundred (1,500) square.feet.
26.
0 .. '.. V . .. I , 9
Section 15. Exterior Construction Materials.. Any dwelling and
all structures appurtenant thereto constructed on any Class One 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 repre-
sentative, 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 16. Minimum Setback Reguirements. 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, nor 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..
Section 17. Rights of Declarant and Its Transferees. ..Declarant .
or the Transferees of Declarant shall undertake the.work of.developing
all or substantially all Lots included within the Addition.. The com-
pletion 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, Declarants Transferees,. or the
employees, contractors, or subcontractors., of Declarant or
Declarant's Transferees from doing on any part or parts of
27.
the Addition owned or controlled by Declarant or Declarant's:
Transferees or their representatives, whatever they deter-
mine. may 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 reasonable 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 business
of completing such work, of establishing the -Addition as a
residential community, and of disposing of Lots by sale,
leaseor 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
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 residences.
ARTICLE XI
EASEMENTS -
Section 1. Easements of Encroachment. There shall exist
28.
reciprocal appurtenant easements as between adjacent Class Two Lots
and between each Class Two Lot and any portion or portions of the
Common Area adjacent thereto for any encroachment due to the unwillful
placement, settling, or shifting of the improvements constructed;.re-
constructed, or altered thereon, provided such construction,.recon-
struction, or alteration is in accordance with the terms of this
Declaration. Such easement shall exist to a distance of not more.than
one foot (1') as measured from any point on the common boundary between
adjacent Class Two Lots, and between each Class Two Lot and any adja-
cent portion of the Common Area, along a line perpendicular to such
boundary at such point. No easement for encroachment -shall exist as
to any encroachment occurring due to the willful conduct of an Owner...
In the event the structure containing two (2) or more residences on a
Class Two Lot or Lots is partially or totally destroyed, and then re
built, 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 [V], 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. Blanket Easement. An easement over and upon every
Lot and all of the Common Area of the Addition is hereby granted to
all police, fire protection, ambulance, garbage, and trash collection
vehicles and personnel to enter thereon in the performance of their
duties. Further, a like easement is herewith granted to the Associa-,
-tion, its representatives, agents, and employees., to enter in and
upon or to cross any Lot and the Common Area of the Addition for the
purpose of performing the duties of maintenance and repair herein
provided.*
Section 3. Other Easements.
(a) Easements for installation and maintenance of
utilities and drainage facilities and for public streets
are shown and designated as such on the recorded subdividison
29.
• � � .. � � � L ��, 6 / Y.J' as
Plat and are hereby dedicated to public.use.by Declarant.
Within the utility or drainage easements, no.structure ,
planting, or other material shall be placed or.permitted
to remain which may damage or interfere with the-install-
ation
he install-ation and maintenance of.utilities,.or which may damage,
interfere with, or change the direction of flow of drain-
age facilities in the easement.
(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 De-,
clarant, its successors and assigns, and to the Association,
its agents, employees and contractors, all of whom shall have
the.right and privilege of doing whatever may be necessary
in, on, under 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 driveways, provided that there
are prior arrangements made for such crossings with'the
utility company or municipal agency furnishing service therein,
and provided further that Declarant or any utility company or
municipal agency using the easement shall not be liable for any
damage done by them, their agents, employees -or contractors
to such sidewalks or driveways in the course of installing,
maintaining or removing utility lines and -appurtenances there-
to within such easements.
ARTICLE XIT
GENERAL PROVISIONS
Section 1. Enforcement. The Declarant, the Association, or
30.
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 Association or by any Owner
to enforce any covenant or restriction herein contained shall in
no event be deemed a waiver of the.right to do so thereafter.
Section 2. Severability. Invalidation of any one (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 amendedduring the first
twenty'(20) year period by an instrument signed by not less than
ninety percent (90%) of the Lot Owners, and thereafter by an instru-
ment signed by not less than seventy five percent (75%)- of the Lot
Owners. Any amendment must be recorded.
Section 4. Joinder by Lienholder. At the request of and as an
.accommodation to Declarant, THE AMERICAN NATIONAL BANK OF BEAUMONT
(the "Bank"), 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 restrictions,
covenants and conditions hereinabove set forth'iin this Declaration;
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and, by its joinder herein, the Bank expressly subordinatesits lien,
liens, superior title.and.equities to the easements herein.dedicated
and to the restrictions, covenants and conditions herein imposed.
By its joinder herein, however, the Bank assumes none of the liabil-
ities, duties, covenants or obligations of Declarant, its successors
or assigns,.nor does the Bank make any representations, guaranties or
warranties as to any undertaking, covenants or representations of
Declarant, its successors or assigns, the sole purpose of the'joinder
by said Bank being to consent and agree to the dedication of said ease-
ments 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, NEW LAND DEVELOPMENT -COMPANY, a.
Joint Venture, acting herein by and through its duly authorized
Management Committee of MACK FULBRIGHT, MORRIS ANDERSON and ROBERT H.
PARK, joined herein by THE AMERICAN NATIONAL BANK OF.BEAUMONT, have.
executed this Declaration ,on this the day of ,
1976,. A.D.
NEW LAND DEVELOPMENT COMPANY,
A Joint Venture ("Declarant")
By:
MACK FULBRIGHT
By:
MORRIS ANDERSON,
By:
ROBERT H. PARK
JOINT VENTURE_MANAGEMENT COMMITTEE
THE AMERICAN NATIONAL BANK OF BEAUMONT
("Bank")
By:
Vice President
ATTEST
By:
Assistant Cashier
THE STATE OF TEXAS §
COUNTY ' OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally
appeared MACK FULBRIGHT, MORRIS ANDERSON and ROBERT H. PARK, known
to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they executed the same as
all of the Members of the Management Committee of NEW LAND DEVELOP-
MENT COMPANY, a Joint Venture, for the purposes and consideration
therein expressed -and -in the capacity therein stated as the act and
deed of said Joint Venture.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 197.62 A.D.
Notary Public in and for
Jefferson County, Texas
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the unders,�gned`authority, on this day personally
appeared , Vice.President of THE AMERICAN,
NATIONAL BANK OF BEAUMONT, known 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 Bank.
GIVEN UNDER MY HAND AND. SEAL OF..OFFICE. 'this the. day of
1976, A.D.
Notary Public in and for
Jefferson County, Texas