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HomeMy WebLinkAboutORD 78-43ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE.ZONING DISTRICTS AS INDICATED UPON THE ZONING MAP OF THE CITY OF BEAUNDNT, TEXAS, BY CHANGING A 5.147 ACRE TRACT OF LAND OUT OF THE H. WILLIAMS LEAGUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, AS HEREIN- AFTER DESCRIBED, PRESENTLY ZONED "R-2" TO "R--111; PROVIDING FOR THE ISSUANCE OF A SPECIFIC USE PER- MIT FOR A CLUSTER HOUSING DEVELOPMENT FOR SAID 5.147 ACRE TRACT HEREIN DESCRIBED, IN ACCORDANCE WITH A PLAN FOR DEVELOPMENT; PROVIDD G FOR. THE FILING OF A DECLARATION COVERING THE 5:147 ACRE TRACT; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 42 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 42-9 thereof, is hereby amended by changing the zoning classification of the following described tract of land, presently zoned "R-2", Two Family and Multiple Dwelling, to "R-1", Single Family Dwelling, to wit: BEING a 5.147 acre tract of land out of the H. Williams League in Beaumont, Jefferson County, Texas, and being out of the South- west 1/4 of the William Grigsby 200 acre tract of land, sometimes also known as Block 12 and said 5.147 acre tract of land being more particularly described by metes and bounds as follows: FOR locative corner being at an angle bar in the South line of the H. Williams League and in the North line of the C. Williams League and in the South line of Prutzman Street locating the Southeast corner of the Southwest 1/4 of the William Grigsby 200 acre tract of land; THENCE North 0 degrees 26 minutes 30 seconds West with the East line of the Southwest 1/4 of said 200 acre tract of land and at 60 feet pass a concrete monument in the North line of Prutzman Street and continue a total distance of 442.85 feet to an iron pipe lo- cating the Northeast corner of a 1 acre tract of land conveyed by George A. Weller et al to Agnes Simien by deed dated February 26, 1959, and recorded in Vol. 1204 Page 459 of the Deed Records of Jefferson County, Texas, and said iron pipe also locating the Southeast corner of a 3 acre tract of land that was conveyed by Richard Evans et al to Gilbert T. Adams, Sr., by deed that is recorded in Vol. -1402 Page 291 of the Deed Records of Jefferson County, Texas, and said iron pipe also located the Southeast and the beginning corner of the tract of land herein described; THENCE North 89 degrees 26 minutes West with the South line of said 3 acre tract of land and at 442.50 pass a steel rod lo- cating the Southwest corner of said 3 acre tract and the Southeast corner of a 12,143.5 square foot tract of land conveyed to M. L. Lefler, Jr., et al and continue a total dis- tance of 517.0 feet to an iron stake for corner; THENCE North 0 degrees 26 minutes 30 seconds West a distance of 163.0 feet to an iron stake for corner; THENCE South 89 degrees 26 minutes East 74.5 feet to an iron stake for corner in the East line of the Lester Jackson 1 acre tract; THENCE North 0 degrees 26 minutes 30 seconds West with the West line of said 3 acre tract and at 81.75 feet pass a steel axle in the North line of a drainage ditch and continue a total distance of 196.30 feet to a point for corner in the South line of Dowlen West Unit 12, a subdivision recorded in Vol. 12 Page 14 of the Map Records of Jefferson County, Texas; THENCE North 89 degrees 25 minutes 24 seconds East with said South line a distance of 57.57 feet to a concrete monument for corner; THENCE North 54 degrees 45 minutes 19 seconds East with the Southeast line of said Dowlen West Unit No. 12 and with the Northwest right- of-way ightof-way line of a drainage easement a distance of 467.56 feet to a concrete monument locating the upper Southeast corner of said Unit No. 12; THENCE South 0 degrees 42 minutes 40 seconds East with the West line of Town Oaks Place a subdivision recorded in Vol. 12 Page 16 of the Map Records of Jefferson County, Texas, a dis- tance of 265.96 feet to an iron pipe for corner; said iron pipe also locates the Southeast corner of a 0.70 acre tract of land conveyed by Don Streety Enterprises, Inc. to Gilbert T. Adams by deed dated April 29, 1975, and recorded in Vol. 1877 Page 369 of the Deed Records of Jefferson County, Texas; THENCE South 0 degrees 26 minutes 30 seconds East with the East line of the Southwest 1/4 of the William Grigsby 200 acre tract of land a distance of 367.95 feet to the place of beginning containing 5.147 acres of land. -2- �. 3 7 e and the official Zoning Map of the City of Beaumont is hereby amended to reflect such changes. That a specific use permit for a cluster housing development in.accordance with Section 42-20.1 and Section 42-20.4, as amended, be granted to Carl W. Kohler and to his heirs, legal representatives, successors and assigns for that certain 5.147 acre tract of land hereinabove described. Section 3. That this specific use permit herein granted is expressly issued for and in accordance with that certain plan of development for Bramblewood Addition, Beaumont, Texas, dated February, 1978, which plan of development is attached hereto as Exhibit "A" and made a part hereof for all purposes. Also attached hereto as Exhibit "B" is that certain "Declaration of Covenants, Conditions and Restrictions, Bramblewood Addition" which Exhibit "B" is made a part of this specific use permit as fully and completely as though copied verbatim herein. . *Cci.�;.;,; n As a condition to the issuance of this permit, Permittee shall file in the appropriate records of the County Clerk of Jefferson County, Texas, a copy of said Exhibit "B" prior to the issuance of a certificate of occupancy by the City of Beaumont for any residential unit within the 5.147 acre tract of land hereinabove described in Section 1. Further, this permit is expressly issued subject to cont pliance with all appropriate revisions of the Code of Ordinances of the City of Beaumont. That in a]1 other respects, the use of the property herein- above described shall be subject to all of the applicable regulations contained in Chapter 42 of the Code of Ordinances of Beaumont, Texas, adopted August 19, 1958, as amended. -3- . ,11.. That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of the zoning affecting any portion of the property described hereinabove shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the property described herein. That if any person or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in said Chapter 42 of the Code of Ordinances of Beaumont, Texas. J PASS D BY THE C COUNCIL, of the City of Beaumont G this the( day of 1978. F��Ibllt A - 2�� '191" ' 1/1 X�2 -4- THE STATE OF TEXAS COUNTY OF JEFFERSON DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BRAMBLEWOOD BEAUMONT, TEXAS THIS DECLARATION, made on the date hereinafter set.forth'by ENERGY HOMES, INCORPORATED, a TEXAS CORPORATION formed and existing under the laws of the State of Texas, having its principal offices in Beaumont, Jefferson County, Texas, and hereinafter referred to as "Declarant". W I T N E S S E T H WHEREAS, Declarant is the owner of certain property known as BRAbSBLEWOOD, an Addition to the City of Beaumont,,County of Jefferson, State of Texas, which is more particularly described as: BEING a 5.147 acre tract of land out of the H. Williams League in Beaumont, Jefferson County, Texas and being out of the South- west 1/4 of the William Grigsby 200 acre tract of land, sometimes also known as Block 12 and said 5.147 acre tract of land being particularly described by metes and bounds as follows:. FOR locative corner begin at an angle bar in the South line of the H. Williams League and in the North line of the C. Williams League and in the South line of Prutzman Street locating the Southeast corner of the Southwest 1/4 of the William Grigsby 200 acre tract of land; THENCE North 0 degrees 26 minutes 30 seconds West with the East line of the Southwest 1/4 of said 200 acre tract of land and at 60 feet pass a concrete monument in the North line of Pry tzman Street and continue a total distance of 442.85 feet to an iron pipe locating the Northeast corner of a 1 acre tract of land conveyed by George A. Weller et al to Agnes Simien by deed dated February 26, 1959 and recorded in Vol. 1204 Page 459.of the Deed Records of Jefferson County, Texas and said iron pipe also locating the Southeast corner of a 3 acre tract of land, that was conveyed by Richard Evans et al to Gilbert T. Adams, Sr., by deed that is recorded in Vol. 1402, Page 291 of the Deed Records of Jefferson County, Texas and said iron pipe also locates the Southeast and the beginning corner of the tract.of land herein described; THENCE North 89 degrees 26 minutes West with the South line of said 3 acre tract of land and at 442.50 pass a steel -rod... locating the Southwest corner of said 3 acre tract and the Southeast corner of a 12,143.5 square foot tract of land conveyed to M. L. Lefler, Jr., et al and continue a total distance of 517.0 feet to an iron stake for corner; THENCE North 0 degrees 26 minutes 30 seconds West a distance of 163.0 feet to an iron stake for corner; THENCE South 89 degrees 26 minutes East 74.5 feet to an iron stake for corner in the East line of the Lester Jackson 1 acre tract; THENCE North 0 degrees 26.minutes 30 seconds West with the West line of said 3 acre tract and at 81.75 feet ?ass a steel axle in the North line of a drainage ditch and continue a total distance of 196.30 feet.to a point for corner in the South line of Dowlen West Unit 12, a subdivision recorded in Vol. 12 Page 14 of the Map Records of Jefferson County, Texas; THENCE North 89 degrees 25 minutes 24 seconds East with said.South line a distance of 57.57 feet to a concrete monument for corner; V3 THENCE North 54 derees 45 minutes_ 19 seconds Last with the Southeast line of sand. Dowlen igest Unit No, 12, and with the Northwest right-of- way line of a drainage easement a,distance of 467.56 feet to a con- crete monument locating the. upper Southeast corner of said.Unit No. 12;. THENCE South 0 degrees 42 minutes 40 seconds East with the West line of Town Oaks Place, a subdivision recorded in Vol. 12 Page 16 of the Map Records of Jefferson County, Texas a distance of 265.96 feet to an iron pipe for corner; said iron pipe also locates the Southeast corner of a 0.70 acre tract of land conveyed by Don Streety Enter- prises, Inc., to Gilbert T. Adams by deed dated April 29, 1975 and. recorded in Vol. 1877 Page 369 of the Deed Records of Jefferson County, Texas; THENCE South 0 degrees 26 minutes 30 seconds East with the East.line of the Southwest 1/4 of the William Grigsby 200 acre tract of land a distance of 367.95 feet to the place of beginning containing 5.147 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, attrac.tiveness 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 BRAMBLEWOOD, 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, or a fee simple,ti.tle 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 Assocation as hereinafter provided. Section 4. "Common Area" shall mean all real property (includ- ing the improvements thereto) owned by the Assocation for the common use and enjoyment of the Owners. The Common Area to be owned by the - Assocation shall be all of the property in the Addition, excluding (i) Lots reflected upon the Plat of the Addition and the improve- i ments thereon; and (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. Section 5. "Recreation Area" shall mean and refer to that cer- tain portion of the Common Area, containing , more or less, reflected and designated as the "Commons" upon the recorded Plat of the Addition, together with all improvements thereto and recreational facilities thereon.. Section 6. "Lot" shall mean and refer to any plot.of land shown upon the recorded Plat of the Addition, withthe exception of (i) the Common Area; and .(ii) the public street easements reflected and designated as such upon the Plat of the Addition. Section 7. "Member" shall mean every person or entity who holds membership in the Association. Section 8. "Declarant" shall mean ENERGY HOMES, INCORPORATED 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 BRAMBLEWOOD, and is more particularly described as follows; BEING a 5.147 acre tract of land out of the H. Williams League in Beaumont, Jefferson County, Texas and being out of the Southwest 1/4 of the William Grigsby 200 acre tract of land, sometimes also known as Block 12 and said 5.147 acre tract of land being more particularly described by metes and bounds as follows.: FOR locative corner begin at an angle bar in the South line of the H. Williams League and in the North line.of the C. Williams League and in the South line of Prutzman Street locating the Southeast corner of the Southwest 1/4 of the William Grigsby 200 acre tract of land; THENCE North 0 degrees 26 minutes 30 seconds West with the East line of the Southwest 1/4 of said 200 acre tract of land and at 60 .feet pass a concrete monument in the North line of Prutzman Street and continue a total distance of 442.85 feet to an iron pipe locating the Northeast corner of a 1 acre tract of land conveyed by George A. Weller et al to Agnes Simien by deed dated February 26, 1959.andrecorded in Vol. 1204 Page 459 of the Deed Records of Jefferson County, Texas and said iron pipe also locating the South- east.corner of a 3 acre"tract of land conveyed by Richard Evans et al to Gilbert T. Adams, Sr., by deed that is recorded in Vol. 1402 Page 291 of the Deed Records of Jefferson County, Texas and said iron pipe also locates the Southeast and the beginning corner of the tract of land herein -described; THENCE North 89 degrees 26 minutes West with the South line of said. 3 acre tract of land and at 442.50 pass a steel rod locating the Southwest corner of said 3 acre tract and the Southeast corner of a •3 12,143.5 square foot tract of.land conveyed tom. L. Lefler, Jr., ,e.t al.and continue a total distance of 517.0 feet to an iron stake. for corner; ' `t - . THENCE North 0 degrees 26 minutes 30 seconds West a distance_ of 163.0 feet to an iron stake for corner; THENCE South 89 degrees 26 minutes East 74.5 feet to an iron stake for corner in the East line of the Lester Jackson 1 acre tract; THENCE North 0. degrees 26 minutes 30 seconds West with the West line of said 3 acre tract and at 81.75 feet pass a steel axle in the North line of a drainage ditch and continue a total distance of 196.30 feet to a point for corner in the South line of Dowlen West Unit 12, a sub- division recorded in Vol. 12 Page 14 of the Map Records of Jefferson County, Texas; THENCE North 89 degrees 25 minutes 24 seconds East with said South line a distance of 57.57 feet to a concrete monument for corner; THENCE North 5.4 degrees 45 minutes 19 seconds East with the South- east line of said Dowlen West Unit No. 12 and with the Northwest .right-of-way line of a drainage easement a distance of 467.56 feet to a concrete monument locating the upper Southeast corner of -said Unit No. 12; THENCE South.0 degrees 42 minutes 40 seconds East.with the West line of Town Oaks Place, a subdivision recorded in' Vol. 12 Page 16 of the Map Records of Jefferson County, Texas a distance of 265.96 feet to an iron pipe for corner; said iron pipe also.locates the Southeast corner of a 0.70 acre tract of land conveyed by Don Streety Enter- prises, Inc., to Gilbert T. Adams by deed dated April 29, 1975 and recorded in Vol. 1877 Page 369 of the Deed Records of Jefferson County, Texas; THENCE South 0 degrees 26 minutes 30 seconds East with the East line of the Southwest 1/4 of the William Grigsby 200 acre tract of land a distance of 367.95 feet to the place of beginning containing 5.147 acres of land. all of which real property may hereinafter be referred to as "existing property." ARTICLE III ,E . ,+ PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of the recreational facilities situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use the recreational facilities by an Owner for any period during which any assessment against his Lot re- mains unpaid; and the right to suspend such rights for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or 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 the 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. 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 beentitled 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 ol- lowing 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, 1988. ARTICLE V ASSESSMENTS Section 1. Lien and Personal Obligation of Assessments. Declarant, for each Lot owned by it in the Addition, hereby covenants, and each Owner of a Lot in the Addition is hereby deemed to covenant by acceptance of his deed for such Lot, whether or not.it shall be so expressed in his deed, to pay to the Association (i) annual assess- ments and (i.i) 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 an -assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees shall also be the personal obligations of the person or persons who owned the Lot at the time the assessment fell due, but such personal obligation shall not pass to the successors in title of such person or persons unless expressly assumed by them. Section 2. Purpose of Annual Assessments. The annual 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 maintenance" of the Lots in the Addition. Annual assessments shall include, and the Association shall acquire and pay for out of C�'2c1, 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, includ- ing without limitation all equipment, furnishings, and personnel necessary or proper for use of the recreational facilities. (d) Maintenance and repair of sidewalks situated on the Common Area.within the.Addition;.private drives situated on the Common Area within the Addition; and water, sewer, storm drainage and other utility lines in or serving the Common Area or serving more than one (1) Lot in the Addition (which. shall not be dedicated to general public use.) (e) Fire insurance covering the full insurable replace- ment value of the improvements (and their contents) on the Common Area, with extended coverage._ (f) Liability insurance insuring the Association against, any and all liability to the public, to any Owner, or to the invitee, tenants or contract purchaser of any Owner, arising out of their occupancy and/or use of the Common Area. The policy limits shall be set by the 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- 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-. standing 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 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 I. 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 con- dition 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 to be furnished by the Association under the provisions of ART. V. Sec. 2 (j) hereof) each Owner shall maintain his yard area and all side- walks and driveways on his Lot. In the event an Owner shall fail or refuse to make such repairs or perform such maintenance, and such failure or refusal shall continue for more than forty five (45) days from delivery of written notice from the Association to the Owners (or, if more than one F-11 Owner, to any.of them) specifying the maintenance or repairs required to be made, the Association may, at its election, cause such maintenance and repairs to be.performed. 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 Lot within the Addition, as follows: (i) mowing,triming and care of grass in area of Lot not enclosed within privacy. fence; and (ii) maintenance and repair of sidewalks extend- ing beyond dwelling, garage or carport and not enclosed with- in privacy fence. Section 3._ Power to Fix'Annual Assessments. The power and authority to fix and levy the annual assessments shall re' t.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. Section 4. Special Assessments for Capital Improvements. In addition to the annual maintenance assessments authorized above, the Association may levy, in any assessment.year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto. Any special assess- ment shall have the assent of two-thirds (2/3rds) of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. Section 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 (500) 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 sub- ject to the same notice requirement, and this required quorum at the f r 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. Section 6. Uniform Rate of Assessment. Except as hereinabove provided,,annual and special assessment must be fixed at a.uniform rate for all Lots and shall be collected on a monthly basis. Declarant shall not be responsible for the payment of assessments on an 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 i "Builder" shall be construed to mean a person (or entity) who shall purchase from Declarant or its successors more than one (1)lunimproved 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; i 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 7. Date.of Commencement of Annual MaintenancelAssess- 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;: (i) the conveyance of a Lot by the Declarant or a Builder to an Owner; (ii) the termination of the status of "Builder" as to a Lot; (iii) six (6) months following the commencement of construction by Declarant or Builder upon an unimproved Lot; or (iv) twelve (12) months after the purchase by a Builder of an unimproved Lot, whether construction shall have commenced or not. The first annual assessment shall be adjusted according to the number of months 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 Association 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 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 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 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 .Tyrell L. Garth, 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 andassigns 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. first pay all expenses of 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 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 foreclosure sale, and should.such:tenant refuse to surrender possession of said property upon demand, the purchaser shall thereupon, at.his or -her option, be entitled to institute and maintain the statutory action for forcible detainer and procure a writ of possession there- under. Thisprovision shall in no wisepreclude the purchaser from bringing any other legal action for possession of said property and the bringing of one character of action shall not preclude the other, and the same may be exercised spearately or simultaneously. 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'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 SO 4 -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 follow- ing 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 immediately prior to such casualty. Reconstruction will be undertaken within three (3) months after the damage occurs and shall.be completed with- in twelve (12) months after the damage occurs, unless prevented by causes beyond the control of the Owner or Owners. ARTICLE VII ARCHITECTURAL CONTROL -Section 1. Authority of Architectural Control Committee. No building, fence, wall or other structure shall be commenced, erected, placed or maintained upon any Lot in the Addition or upon any portion of the Common Area, nor shall any exterior 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 a majority of.the Architectural Control Committee as to the quality of materials, the harmony of external design and loca- tion in :relation to other existing or planned structures and overall topography. Plans and.specifications shall reflect all driveways and sidewalks required to serve the Lot, even though the same may, in whole or in part, extend beyond the perimeter boundaries of the Lot. The Architectural Control Committee shall give or withhold approval (as is in the judgment of the Committee proper) of all matters set forth above. In the event the Architectural Control Committee fails to approve or disapprove plans and specifications within thirty (30) 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 BILL HARTY, HAROLD HARTY, and T.L. GARTH as the members of the initial Architec- tural 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 representative to act for it. No member of the Committee or its designated representative shall be entitled to de- mand or receive any compensation or fee as a condition to its exami-_ nation or approval of plans or specifications submitted or to be submitted to.the Committee hereunder. Upon the completion of construc- tion of a residence upon each and every Lot in a Section of the Addition, the Architectural Control Committee may, by instrument in writing executed by a majority of -the then members of the Architectural Control Committee, surrender its authority, powers and duties under this ARTICLE as to such completed Section to the Board of'Directors of the Association or to a committee appointed by the Board of Directors. Upon completion of construction of a dwelling upon each and every Lot in the Addition the Architectural Control Committee shall thereupon 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 or 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 improve- ments 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 side- 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 BILL HARTY, HAROLD HARTY, and T.L. GARTH as the members of the initial Architec- tural 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 representative to act for it. No member of the Committee or its designated representative shall be entitled to de- mand or receive any compensation or fee as a condition to its exami-_ nation or approval of plans or specifications submitted or to be submitted to.the Committee hereunder. Upon the completion of construc- tion of a residence upon each and every Lot in a Section of the Addition, the Architectural Control Committee may, by instrument in writing executed by a majority of -the then members of the Architectural Control Committee, surrender its authority, powers and duties under this ARTICLE as to such completed Section to the Board of'Directors of the Association or to a committee appointed by the Board of Directors. Upon completion of construction of a dwelling upon each and every Lot in the Addition the Architectural Control Committee shall thereupon 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 or 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 improve- ments 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 side- walks within the Addition, situated on the Common Area; (iv).main-. tain and repair private streets situated on the Common Area within the Addition; and (v) provide exterior Lot maintenance for the Lots within the Addition,. as provided in ART V, Sec. 2 (j) hereof. ARTICLE IX PARTY WALLS Section l..General. Rules of Law to Apply. Each wall which may be built as a part of the original construction of the homes upon the Lots in the Addition and placed on the dividing line between the Lots shall constitute a party wall, and,.to the extent not inconsis-. tent with the provisions of this ARTICLE, the general rules of -law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty any Owner who has used the wall may restore.it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this ARTICLE, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Riqht to Contribution Runs with Land. The right of any Owner to contribution from any other Owner -under this ARTICLE shall be appurtenant to the land and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this ARTICLE, each party shall choose one (1) arbitrator, and the decision shall be by a majority of all the arbitrators. Should any party refuse to choose an arbitrator within ten (10) days after written request therefore, the Board of Directors of the Association shall select an 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, Ior 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 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- nant 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 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 orbuilding except one (1) sign of not more than eight (8) square feet in area advertising the merits of the property for sale or rent. wDuring 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 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 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. be permitted on any Lot. No sewage treatment system shall Section 11. Use of Common Areas. Except in the individual yard areas appurtenant to a residence, no planting or.gardening shall be done, and no sidewalks, driveways, parking areas, fences,. hedges or -walls shall be erected or maintained upon any Lot except such as are installed in accordance with the initial construction of the buildings located thereon oras 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 maybe allowed by the Association's Board of Directors. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all Owners of Lots in -the Addition, and is necessary for the protection of said Owners. Any co-operative action necessary or appropriate to the proper maintenance and upkeep of the Common Area, all improvements on the Common Area, including but not limited to, buildings, recreation and parking areas and walks, shall be taken by the Board of Directors or by its duly delegated representative. Section 12. Owner's Maintenance. The Owner shall -maintain and keep in repair the following equipment and lines located outside the residence: air conditioning compressor condenser, including pipes and electrical lines connecting same to the residence, sanitary sewer line connecting the residence to the sanitary sewer collection system, electric .power service conductors from the exterior of the building to the point of connecting to the electric utility company's junction box or transformer, electric circuit breakers, and portion of natural gas and/or telephone service lines located on the Lot but not maintained by the gas and/or telephone companies. e C, f 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. Noone -story or split level dwelling shall be permitted on any. Lot in the Addition in which the living floor area of the main structure (including en- closed utility and storage rooms,. but excluding open porches, car- ports and garages) shall be less than sixteen hundred (1.,600) 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 sixteen hundred (1,600) square feet. 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 (65a) 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 Requirements. No structure shall be located nearer to the front Lot line or nearer to a side street linethan 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 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 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, lease or otherwise; or (d) Prevent Declarant, Declarant's Transferees, or the employees, contractors, subcontractors of Declarant or, Declarant's.Transferees from maintaining such signor 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 Sectionl.. 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. adjacent thereto for any encroachment due to the.unwillful 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 1' 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 en- croachment 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 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(1')),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'-grantedto 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 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 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 XII GENERAL PROVISIONS Section l 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, 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 beautomaticallyextended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year.;period by an instrument signed by not less than ninety percent (90%) of`the_Lot Owners,.and.thereafter by an.instru ment signed by not less than seventy five percent (75%) of the Lot Owners. Any amendment must be recorded. Section 4. Joinder by Lienholder: At the request of and as an. accommodation to Declarant, THE FIRST SECURITY 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 de- scribed (the "existing property"), joins with Declarant in the dedi- cation to public use of the utility, drainage and street easements in and upon said real property, as shown and.designated upon the recorded subdivision Plat thereof, and in the imposition of the re- strictions,. covenants and conditions hereinabove set forth in.this Declaration; and, by its joinder herein, the Bank expressly subordi- nates its 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 oftheliabilities,.duties, covenants or obligations of Declarant;_ its successors or assigns, nor does the Bank make any representa- tions, 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 easements and to the imposition of said restrictions, covenants and conditions and to the subordination of its lien, liens, superior title -and equities to said easements., restrictions, covenants and conditions. IN WITNESS"WHEREOF, Declarant, ENERGY HOMES, INCORPORATED, a Texas Corporation, acting herein by and through its duly authorized Officers, joined herein by THE FIRST SECURITY NATIONAL BANK OF BEAUMONT, have executed this Declaration on this the day of 1978, A.D. ENERGY HOMES, INCORPORATED ("Declarant") By: BILL HARTY, -.PRESIDENT By: By: ATTEST By: Secretary THE STATE OF TEXAS. COUNTY OF JEFFERSON BEFORE ME-, the undersigned authority, on this day personally appeared BILL HARTY, known to me to be the person -whose name is. subscribed to the foregoing instrument, and acknowledged to me that he executed the same as.President of Energy Homes, Inc., for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said corporation. GIVEYd UNDER MY HAND AND SEAL OF OFFICE, this the day of 1978, A.D. NOTARY PUBLIC IN AND FOR JEFFERSON COUNTY, TEXAS. MY COMMISSION EXPIRES: THE STATE OF TEXAS COUNTY OF JEFFERSION - BEFORE ME, the undersigned authority, on this day personally. appeared Vice President of THE FIRST SECURITY NATIONAL BANK OF BEAUMONT, known to me to be the - person and officer whose name is subscribed to the foregoing w 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 1978. A.D. NOTARY PUBLIC IN AND FOR JEFFERSON COUNTY, TEXAS. MY COMMISSION EXPIRES: