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HomeMy WebLinkAbout882-OBDATE: February 17, 2020 TO: Planning Commission FROM: Chris Boone, Director of Planning and Community Development SUBJECT: Consider a request for the conveyance and dedication of private streets and infrastructure to the City of Beaumont. WIM�11=61.1 STAFF REPORT Morgan L. Hawkins, President of Sandlewood Trail Homeowners Association, has requested that the City of Beaumont accept maintenance of the private street known as Sandlewood Trail, and infrastructure. The City adopted a process for the conversion of private streets and other infrastructure to public ownership and maintenance in December of 2017 (see attached). Also attached is an analysis of the condition of the existing private infrastructure, conducted by the Public Works Department. The Planning Commission approved the request for acceptance with conditions in April of 2018. One condition of approval required the submission and filing of a preliminary and final plat to be paid for by the applicants. This requirement proved problematic for various reasons, but primarily due to surveying standards, specifically, variations of property lines that occurred over time and the impact of this issue on the titles and the sale of property. A legal document has been prepared for the purpose of conveying they paved roadway to the City in lieu of a plat. Staff recommends that all streets, water, sewer and drainage facilities be conveyed for public ownership and maintenance, but that maintenance of all common areas, including alleys, parking areas, medians, play areas and other common areas, continue to be the responsibility of the Home Owners Association. Planning staff recommends approval with the following conditions: Approval of conveyance document by City Council. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Sandlewood Trail Subdivision land and infrastructure owned in common. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Morgan L. Hawkins, President of Sandlewood Trail Home Owners Association PROPERTY OWNER: Sandlewood Trail Home Owners Association LOCATION: Sandlewood Trail Subdivision EXISTING ZONING: RS (Residential Single Family Dwelling) PROPERTY SIZE: —6.83 acres more or less EXISTING LAND USES: Private street FLOOD HAZARD ZONE: "X" - Areas determined to be outside 500 -year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) EAST: Residential/Institutional RS & RM -H (Residential Multiple Family Dwelling - Highest Density) SOUTH: Commercial RM -H (Residential Multiple Family Dwelling - Highest Density) WEST: Residential/Institutional RS COMPREHENSIVE PLAN: Stable Area DRAINAGE: Curb and gutter RATIFICATION AND .AMENDMENTS TO PLAT AND DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS RATIFICATION and AMENDMENT is entered into by and between the Sandelwood Trail Homeowner's Association, a Texas non-profit corporation (the "Association"), and the City of Beaumont, Texas (the "City"), and agreed to by seventy- seven percent (77%) of the members of the Association, being 77% of the collective owners of all Lots depicted on the Plat, as defined below. WHEREAS, on October 29, 1979, the plat of SANDELWOOD TRAIL was filed under Vol -Lime 14, Page 38, Map Records, Jefferson County, Texas (the "Plat") and the . Declaration of Covenants, Conditions and Restrictions of SANDELWOOD TRAIL in Volume 2187, Page 91, Deed Records, Jefferson County, Texas (the "Declaration"); WHEREAS, the Plat depicts Sandelwood Drive (Private) as the means of ingress and egress to and from SANDELWOOD TRAIL and Delaware Street and West Lucas Drive, dedicated and platted public streets and Sandelwood Drive (Private) as (i) the means of ingress and egress to and from each Lot and also (ii) the means of traversing within SANDELWOOD TRAIL; WHEREAS, the definition of "Common Area" in Article I, Section 4 of the Declaration tacitly includes the public streets, if any, lying, constructed and maintained within the street easements, while Article III, Section 1 refers to "... the right of the Association to dedicate or transfer all or any part of the Common Area to any municipality... ", but "No such dedication or transfer shall be effective unless an 1 instrument agreeing to such dedication or transfer signed by three-fourths (3/4ths) of each class of member has been recorded."; WHEREAS, Article IV, Section 1 states that "Every owner of a Lot... shall be a Member of the Association...", with Article IV, Section 2 providing that "...The association shall have two (2) classes of voting membership as follows; Class A. Class "A" Members shall... be entitled o one (1) vote for each lot owned. Class B. Class "B" Members shall be the Declarant, who shall be entitled to three (3) votes for each lot owned."; WHEREAS, the owners of 4o Lots, comprising seventy-seven percent (77%) of the voting Members of the Association, desire to, and hereby do, agree to the dedication of the Sandelwood Drive (Private) in SANDELWOOD TRAIL to the public by and through the City; WHEREAS, in consideration of the foregoing dedication, the City hereby accepts such dedication of Sandelwood Trail (Private) to the public; WHEREAS, in consideration of the foregoing dedication and acceptance, it is therefore necessary to confirm and ratify the Plat and Declaration so that all references to the Sandelwood Trial (Private) shall hereafter be amended to read "Sandelwood Trail," such that the dedication of that drive reflected upon said Plat as the Sandelwood Drive are to public use forever; and WHEREAS, there exists the necessities of the ratification and amendment of said Plat and Declaration as herein stated. NOW, THEREFORE, PREMISES CONSIDERED, the Association and City, with the agreement of 4o Lot owners, do hereby ratify and amend the Plat and Declaration, and dedicate Sandelwood Drive (Private) to the public use forever. Being understood 4 that the City shall not be responsible for the maintenance of any common area, parking area, driveway or median. The City will only accept responsibility for maintenance of the existing, named, paved roadway. EXECUTED this the day of , 2019. AGREED BY ALL ASSOCIATION MEMBERS / LOT OWNERS: SANDELWOOD HOMEOWNERS ASSOCIATION, a Texas non-profit corporation .3 Morgan L. Hawkins, President "Association" CITY OF BEAUMONT, TEXAS LE Title: Owner Owner Owner "City" •� .�-M Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner • Owner Owner • Owner Owner Owner Owner Owner Owner Owner Owner Owner W11" Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner "Lot Owners" STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 2019, by MORGAN L. HAWKINS, as President of SANDELWOOD HOMEOWNERS ASSOCIATION, a Texas non -corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF JEFFERSON § This instrument was acknowledged before me on the day of 22019, by , as of the CITY OF BEAUMONT, TEXAS, on behalf of said city. Notary Public, State of Texas <dA( g 0 DF.C%ARTICN ! OF CCifd~NANT8, CONDITIONS JWD nSTFaCTIONg 10447' t SANDELMOOD TRAIL ' TRIS DW ATI, mads: on the date hereinafter net. farth by s• WEST 616. DEVEW P CA43PANx, a Joint Ventures and hereinafter F referred td -.as 0DeL*larant*. WITNESSETH s d WR wnzoyMp Declarant If the Owner of certain Property known as Sandelwood Frail, in the- City of, Beaumont, County sof Jefferson, State of `g'eXR24 which is store Par ticularly:-AescrIbed as follows, to -Witt SEE EXHIBIT aA- .ATTACHED HERETO? AND "ADO A PART HEREOF FOR ALL pURpOSES = Nowa THERWORE, for the purpose of enhancing and protecting the -value, attractiveness and desirability sof bots constituting the addition, Declarant hereby declares' that 811 of the properties: de- scribed -above shall be held, sold and conveyed subject -,to the fol- llnwing easements, restrictions,. covenants and conditions, which shall constitute covenants running with the land -and shall be bind- ing an all Parties hating any right, title or Interest In the de- scribed properties or any part thereof, their heirs, executors:, administrators, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section. le -Association* shall mean acid -.refer to Sklidelxood Trail Homeowners: Association, in Texas Nos3profit Cos'porticarn, Its successors and assigns. Section 2. *Owner' shall meal, and refer ts�=:the record fli, . whether once or sflore persons or entitis•si, nt:of a fs'�. simple title tea any Lot which Is a part of the Addition# ii��Iuding contract sellers, but excluding those having :such iatea+esxt merely as security for the perfoinasnce of an obligation. Sectiosn 3. "Add.ition• shall swan said ranter to- that certain 0 3 � . 9 � O � ` D real ProPertY hersinbefore described, and. such additions thereto sa say -hereafter be brought within the jurisdiction of the Associ- stion. Section #a 'Cosmon Areas 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 the property In the Addition, eacludibg (1) lots 're elected upon the plat of the Addition and the imprsavements thereon# 111i stater, sewer and other utility lines and OPPurtenanees thereto lying, Installed and maintained within the Utility easements reflected and designated as such upon the plat of the Additives# and (iii) public streets, if aar, lying, constructed and maintained within the street, easements reflected and designated At such upon the plat of the Addition.. Sect S. *Lot* shall mean and refer to any plot of land shown upon any recorded autidlvislOf slap of the Addition with the exception of fi3 the Common Areas..# and (ii) the Publie'street ease+- ments, if any, reflected and d+eaighated as such upon the plat of the Addition. Sect. 'Member• shall mean every Person or entity 'who holds membership in the Association. Section ?. afti:Urant' shall mean and refer to hest End Development Company, a Joint venture composed of American Real Estate Corporation, a Texas corporation, Schwar2lose-Thorp, a Texas general Partnership& Sandpiper Development Company, a Texas corporation, and Sandalwood Development Company, a Texas corporation, their successors anti assigns as such successors and assigns. should aaiuire more than one undeveloped Lot from the Declarant for -the the purpose of development. ARTICLE II PROPERTY SUBJECT 70 THIS DECLRRATION The real. Property which is, and shall be, held, -transferred, sapid, -conveyed' and occupied subject to this .Declaration in a designted as Sandelwood Trail, said which in more particularly described €oilcse.se SEE ]MRSIT 'An ATTACHM 'RZRA"i'O AM $LADE A PART HEREOF P+OR ALTs PURPOSES s all of'which real property Keay hereinafter be referred to as the 'property'. ARTICLE III PROPERTY R1(;NTS Section 1. Orrnersa Easement of Enfe�►ment. Every Owner shall have a tight and easement of en o yment in and to the Common Area Which shal.&.be appurtenant to and shall pass with the title to every Lots aubject to the following provisional (A) The right of the Association'tQ charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Areal (b) The right of the Association to suspend thr voting rights and right .to use the recreational facilities by an -Owner for any.period during which any assessment against said Owner's Lot remains ucpaidt and the right to suspend such rights for a Period not to -exceed sixty (60) days for any infraction of its. published sults and rtgula- tionar and 4c) The right of the Association to dedicate or transfer all or- any part of the Common Area to any municipality, public agency" authority, 'or utility for such purposes and subject to such condition. as may be agreed to hi the Members. No such dedication or transfer shall be effective unless an Instrument ,agreeing to such dedication or transfer signed by'314t' ha of each class of Members has been recorded. sect, 2• Delenatfon ofUse. Any Owner may delegates in accordance with -the b+y-lass, hf# right of en joyn►ent to the members of h;s family, his tenants, or contract Purchasers who reside on the property. ARTICLE IV = id i$g`RriHiP AR15 VOTING BIGHT$ rtL`Ct— i ----n �• EVeZ)► ihenet O,f a Lot Shall be a Member of the Association. Membership small be Sppurtenant to and may not be separaated from Ownership of any Lot. lie tiesn 2. The Association shall have two Z - Q 1 classe, of voting membership, as follows, Class me Members shall be all owners, with the exception of the Declarant, and Shall be entitled to one il) 'rote for each tot Owned. When more than one $l} Person holds an interest inn any Lot, ail such persons shalt. be Members. The vote for socia Last $haall be .exerm cised as thei► determine, but in no event shall more than one ili vote be cast with respect to any Lot owned by Class ¢A' Members. ' Class - . Maas 'E' Members shall be the becl&rant, who shall be entitled to three iii votes for each L-ot owned. The Hass sE* Membership shall cease and be converted to Class 'A' Membership on the happening of the fallowing events, whichever occurs first: (i) When the tectal votes Outstanding in the Mass 'AO -Membership equals the total votes outstanding in the Glass 'S' Membership, or (ii) Oen January 1, 19 ARTICLE -y ASSESSMENTS Sections 1. Lien and personal Gbli anon of Assessments.Sia:clar:aaat, .fog each Lech earned by it in the Addition, hereby cove- nants" and each Owner of a Lot in the Addition is hereby deemed to covenant by acceptance of his deed for such Lot, whether or.. not it shall be so expressed in his deed, to gray to the ,Association (i) annual assessments and {ii} special assessments for capital improvements. Such assessments will be established'and Collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney°s fees:, shall + be a -charge an the land and a Continuing lien _on each Lot against which such assessment is made. Each such assessment., together with interdesty costs and reasonable attorney:s fees shall also he the personal obligations of the person or persons wh'o owned the Lot it U4 f �P thetienerw the aees"ament fell dues but such personal obligation - shallnot pass to the successors in title of such person or persons unless expresalgr assumed by them. Section pert ose of Annual Assessments. The annual assess- ment levied by the Association shall be used exclusively, ti) to promoter the health, safety, welfare .and recreation of the residents In the Addition,_ (il) for the improvement and maintenance Of the Commonr Area within the Addition; and tiii$ for certain 'exterior Lot maintenance, of Lots in the Addition. Annual asse#ameaats shall include, and the Asaociatibn shall acquire and pair for out of the funds from annual assessmentg, the followings W- Maintenance and repairs of the Common Areal (b) Mater, Sewer, -garbage, electrical, lighting, telephone, alas, ;and Bather necessary utility service for the Common Areal (c) Acquisition of furnishings and equipment for^ the Common Area, as may be determined by the Associations fad) Maintenance and repair of sidewalks situated on the Common Area within the Additiony private drives situated on the Common Areal and water, sewer, stores drainage and other utility lines in or servicing th-Common Arear or serving more than one fl) Lot in the Addition (vhich shall not be dedicated to general public ease). fe) Firs insurance covering the full insurable replacement value of the improvements (and their contents) on the Common Area, with -extended coverage, and property insurance against such anther risks as is customarily cove ed with respect to projects. similar in costr6etics0, location and use. - (f) Liability Insurance insuring the Association against any and all liability to the public, to any owner, or to any inviter&, tenants or contract purchaser of any owner, arising out of their occupancy and/or use of the Common Area. The policy limits shall be sat ,by the Association, and shall be reviewed att'least annually and increased or decreased in the discretion of. the Association, such co® varage to he not less than $1,000,000 againut claims fog personal injury ind/or property damage arising out of a single occusence ,and to include ver8g2 against such other risks as in customarily covered with respect to projects similar in construction, location and use. (493 Workmen°a compensation insurance to the extent necessary to comply with applicable lams and any Insur- ance deemed necessary by the Board of. Directors of the Association. ihi 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. all fidelity bonds shalls name the association as :ase obligees be written in an amount equal to at least 15ol _of the estimated annual operating expenses, Including reserves contain waivers of any defense based on exclusion of persons who serve without Compensation from any definition of 'emgloy&e® or similar expresaioaes and provide that they may not be cancelled without at least 30 days prior written notice to all first mortgage holders. til Any other MatecI81s, supplies., furniture, labor, Services, maintenance, repairs, structural alterations, - insurance., taxes or assessments which the association is required to secure or pay pursuant to the terms of this Declaration or by law, or which shall be necessary or proper in the opinion of the ;Board- of Directors of the Association for the operation of the Casnmon Area, for the benefit of lot Dxaaerar or for the enforcement of these restrictions. (1) las addition to the Maintenance Of the Common Area, the Asxociation Shall provide exterior Lot- maintenance on eacta Tot within the Addition, as follorsa ill sfoering, trimming and care of grass in area of any Lot not enclosed within a private fences M The Association shall maintain an adequate reserve fused for replacement of common element components and fund than same by regular monthly paayMentss rather than by extra ordinary special aasseasmenta„ 41) First Mortgagee's of Lots may jofntly or sin- gularly' pay taxeas or other charges which are in default and which any Or have become a charge against any common property and may pay overdue premiums areahazard Insurance policies, at secure new hazard insurance coverage on the lapse of a policy, for such common Property and First Mortgage" m4king •such payments -shall be owed Immediate reimbursement therefor groan the association' Entitlement to such reimbursement ins _to be reflected In an agreement infavorof -all First kOrtgagees of Lots executed by the Association upon request of said rirat Mortgagees. [m) No provision Of this Declaration olives an Owner' or any Other party, priority over any rigiata of First Mortgagees of Lots pur"suant to their mortgages in the carie of insurance proceeds or condemnation awards for basses to or, a taking of the CommOn ,Area. (11) Aaiy agreement for professional management of the property, or any other contract providing for services by the Daclarant, must provide for termination without cause or payment of a termination fee On 90 eiayas or lease written notice and a maximum contract term of 1 years. Section 3 Power to Fix Annual Assessments. The aaathority to fix and leery the annual assessments shall restwexcluwer a exclu- sively with the Board Of Directors Of the association, and when determined and fixed by the Board of Directors as herein Provided, , same shall be final, conclusive and binding upon each Lot Owner, itis heirs, executors, adaniniastratayra - Including contract Purchasers.• succesasaras nerd a�aaafgnas, jcction t, Neclat Assesaments gays ca, nasi!Cm rovemen as, addition to than annual Maintenance In 07 ��: S M The Association shall maintain an adequate reserve fused for replacement of common element components and fund than same by regular monthly paayMentss rather than by extra ordinary special aasseasmenta„ 41) First Mortgagee's of Lots may jofntly or sin- gularly' pay taxeas or other charges which are in default and which any Or have become a charge against any common property and may pay overdue premiums areahazard Insurance policies, at secure new hazard insurance coverage on the lapse of a policy, for such common Property and First Mortgage" m4king •such payments -shall be owed Immediate reimbursement therefor groan the association' Entitlement to such reimbursement ins _to be reflected In an agreement infavorof -all First kOrtgagees of Lots executed by the Association upon request of said rirat Mortgagees. [m) No provision Of this Declaration olives an Owner' or any Other party, priority over any rigiata of First Mortgagees of Lots pur"suant to their mortgages in the carie of insurance proceeds or condemnation awards for basses to or, a taking of the CommOn ,Area. (11) Aaiy agreement for professional management of the property, or any other contract providing for services by the Daclarant, must provide for termination without cause or payment of a termination fee On 90 eiayas or lease written notice and a maximum contract term of 1 years. Section 3 Power to Fix Annual Assessments. The aaathority to fix and leery the annual assessments shall restwexcluwer a exclu- sively with the Board Of Directors Of the association, and when determined and fixed by the Board of Directors as herein Provided, , same shall be final, conclusive and binding upon each Lot Owner, itis heirs, executors, adaniniastratayra - Including contract Purchasers.• succesasaras nerd a�aaafgnas, jcction t, Neclat Assesaments gays ca, nasi!Cm rovemen as, addition to than annual Maintenance In 07 ��: 4 a a ® j . M The Association shall maintain an adequate reserve fused for replacement of common element components and fund than same by regular monthly paayMentss rather than by extra ordinary special aasseasmenta„ 41) First Mortgagee's of Lots may jofntly or sin- gularly' pay taxeas or other charges which are in default and which any Or have become a charge against any common property and may pay overdue premiums areahazard Insurance policies, at secure new hazard insurance coverage on the lapse of a policy, for such common Property and First Mortgage" m4king •such payments -shall be owed Immediate reimbursement therefor groan the association' Entitlement to such reimbursement ins _to be reflected In an agreement infavorof -all First kOrtgagees of Lots executed by the Association upon request of said rirat Mortgagees. [m) No provision Of this Declaration olives an Owner' or any Other party, priority over any rigiata of First Mortgagees of Lots pur"suant to their mortgages in the carie of insurance proceeds or condemnation awards for basses to or, a taking of the CommOn ,Area. (11) Aaiy agreement for professional management of the property, or any other contract providing for services by the Daclarant, must provide for termination without cause or payment of a termination fee On 90 eiayas or lease written notice and a maximum contract term of 1 years. Section 3 Power to Fix Annual Assessments. The aaathority to fix and leery the annual assessments shall restwexcluwer a exclu- sively with the Board Of Directors Of the association, and when determined and fixed by the Board of Directors as herein Provided, , same shall be final, conclusive and binding upon each Lot Owner, itis heirs, executors, adaniniastratayra - Including contract Purchasers.• succesasaras nerd a�aaafgnas, jcction t, Neclat Assesaments gays ca, nasi!Cm rovemen as, addition to than annual Maintenance In 07 ��: the Association slay levy, in any assessment year, a special assess - Ment applicable.to that year Only for the purpose of -defraying, in whole or in pant, the cost of any instruction, recanstruetio repair or regxlacement of a capital ra, Improvement upon the CommonArea, including fixtures and personal Property related thereto, Provided' however, that any assessment shall have the assent of three-fourths (3f4ths) of the votes of eaeBa class of mranbesa who are entitled to Grote In person or by proxy at a meeting calledfor this purpose. Sects_ Notice and Drum for Action Authorized aeUnder Sects written notice of any meeting called for the ta*ing any action uthorirtd under Section purpose of Embers not less than ten shall bs sent to all (101 days nor more thaw sixty MY days I'm hdvance Of of the meetings At any such meeting eeting called, the Presence of members or of Proxies entitled to cast ?5s or - all, all tare votes of each else$ of membership shall $ Constitute! - quorum. Sec-�n 6• UnifOfm Kate of Assessment. Except as hereinafter Provided, annual and special assessments must be fixed at a uniform tate for ails Lots and shall be collected on a monthly basis. Ueelarant shall not be responsible for the payment of assessments on are unimproved Lot- until six6 d 3 reasontha after commencement: of construction upon such unimproved Lot. A Budder{as the term -is _hereinafter defined) shall not be responsible for the payment of assessments on an unimproved Lot within the Addition until (i) six (S) months after commencement of construction u Lots or {ii} t++eltre '12) months after the Pon such unimproved Purchase of such uraim- •provred Lot, whether coarstructgon has commenced or trot date shall be the, earliere next succeeding Section, gFor the � whichever of this Section and the commencement of construction, shall be construed as the date upon which a municipal authorities, anal. �Su}laeb�uilsiin g permit is Issued by the shad be construed to wean a Person for entity) anal. shall purchase from 3Ptciarant or its auccea- soss more titan. one Ill unimproved Paso of improving the Lot in the Addition for the pur_ 4 $rata with residential improvements and' sellin9r in the cuastasary and 4 � a F a s � j T ' the Association slay levy, in any assessment year, a special assess - Ment applicable.to that year Only for the purpose of -defraying, in whole or in pant, the cost of any instruction, recanstruetio repair or regxlacement of a capital ra, Improvement upon the CommonArea, including fixtures and personal Property related thereto, Provided' however, that any assessment shall have the assent of three-fourths (3f4ths) of the votes of eaeBa class of mranbesa who are entitled to Grote In person or by proxy at a meeting calledfor this purpose. Sects_ Notice and Drum for Action Authorized aeUnder Sects written notice of any meeting called for the ta*ing any action uthorirtd under Section purpose of Embers not less than ten shall bs sent to all (101 days nor more thaw sixty MY days I'm hdvance Of of the meetings At any such meeting eeting called, the Presence of members or of Proxies entitled to cast ?5s or - all, all tare votes of each else$ of membership shall $ Constitute! - quorum. Sec-�n 6• UnifOfm Kate of Assessment. Except as hereinafter Provided, annual and special assessments must be fixed at a uniform tate for ails Lots and shall be collected on a monthly basis. Ueelarant shall not be responsible for the payment of assessments on are unimproved Lot- until six6 d 3 reasontha after commencement: of construction upon such unimproved Lot. A Budder{as the term -is _hereinafter defined) shall not be responsible for the payment of assessments on an unimproved Lot within the Addition until (i) six (S) months after commencement of construction u Lots or {ii} t++eltre '12) months after the Pon such unimproved Purchase of such uraim- •provred Lot, whether coarstructgon has commenced or trot date shall be the, earliere next succeeding Section, gFor the � whichever of this Section and the commencement of construction, shall be construed as the date upon which a municipal authorities, anal. �Su}laeb�uilsiin g permit is Issued by the shad be construed to wean a Person for entity) anal. shall purchase from 3Ptciarant or its auccea- soss more titan. one Ill unimproved Paso of improving the Lot in the Addition for the pur_ 4 $rata with residential improvements and' sellin9r in the cuastasary and 4 business, the improved Lots to the publics BaroVidesl that the com- mencement of Improvements an an unimproved lot other than for sale to the public, or She occupancy Of an ImProvRed tot, other than on a temporary basis as a. model. Biome or sales office, Shall 'terminate Ouch person's isar entity,si status as 'Builder*. but only as to the Lot so Improved Or ao OCcupied. -Section I- Bate of Commencement OfAnnual Haint+enan a1ces i4ssesam e hue gates.. The annual assessments r ed Baereita shall commence as to each Lot on the first day ofthe�calen_ dar month. next following the earliest to occur of the followings (i) the conveyance of a Lot by the beclarant or Builder to an gwnera. iii) the termination of the status of 'Builder' as to a Lot, iia#i six 46) Monthts following the commencement of construction b . Declarantur Bufgdsx Upon an u� unimproved Lot, or i#vrl twelve {ply months after the purchase b ' y a . Builder of mn unimproved Lot', whether Construction shall have commenced or not. The first annum. assessment Shall be adjusted according to the number of months re- maining in' the annual adjustment period fwbether a calendar or fiscal ,year, as determinedb3"'':the- B'ls.�arei Of Directors of tate Assoc a ation�. The Board Of Directors shall fix the amount of the annual assessment: against eat ch Lot at least thirty (30) days In advance of etch annual aasessmen period. Written notice .a€ the annual assessment shall be sent to every dates shall be established b Owner Subject thereto. The due the Board of Directors. The Assocla_ tion sshal1v upon deanand, for a reasonable charge, furnish -& certi_ €#,sate signed by ars officer -of the Aammistion whether the assessments for a Specifici,+ot have been s �� ng forth P . A pro perly executed certificate of the A$sociatlon as to the status of assessments on a Leat is binding capon the Associat#on as of the date Of its Issuance. A First Nort:gaeeo u pon written notifications from taxa Association of request an� is entitled to perforseance y derfault In -the + by an Individual Lot Borrower of tate &x-sesaments _ which Is not curard within so ¢lays, affect of Ston a ent the Asssociationa Any Sees: -smelts$ not of Assessments FtenstdBca of Paid within ta, drat • that dare date shB 11 boar gnt*rest fro* the {due slate tem percent H10 43 '' at the rate of afaraase Parr annum. To secure the ratloyrety Prompt Payment of the for the, b aBmexafinents, s. lien is here eraefit of tis b3' created and granted t! ABaoc3atian upon each Lot; and all i • Wrens$, adsiitiana �,�p "'*tures And =•ryrra��® thereeata. The aisPt�stereanceas hereinafter Associaatlon m$ Placed Owner Personally �, br#mg arse action by lair against the` a3d�ll��ta;a t� - AgainBt thePay the same' air fareciase the liens ProPegt�. liabilit iaa 0*1ner mage Valve. or otherviase �' far the a..asmanentB escape Common Area Provided for herein by non-use of the ®r Abandcsnmeast a t Sim Lot. ��ctiesn � • i'oaa�r of Hash, of said assess To secure and enforce the saentsQ acd gor the auxlllar Payment a�cat Of Bald lie Y and cuasulativt! enforce - m isera�nabove crested and -by these ental , Declarant has , .old e pracaf doe. 9raasted id ddEL, Tr¢r �rasrat, sse2l and convey Unto 14rCHAEL w. - ,tee, of der success fersen County* Texas ors, the & and his ssubaatittstes or herein before described Improvements,_ ssai gravers additionna fixttsseB y. and all with thereon. To have and to and aPPurtenancess hereafter the rlght., Priv hold the said premise., together Trustee ' leges anal and to PPurtenancee Unto the him alubstittates ar. successors for. ,said d'3eclarasnt does he cebp isi red ever. And warrant and itsslef, its successor$ and assigrss• to gflraaver• +#eke - his substitutes nd thse said Premises unto the said . Buccae id Trustee, or claims o cors area assigns forever, against the f ail Persons claim tbtreaf n. c$.a#ming or to claxim the' . , for and awe, or an upas, the following Y d?est Agreements, t®9sait g trts.ta, terms, covet3arsts and Tjoast xhere&a assigns nae}• hereafter r Declarant, its successors and ter d,hc evidenced ante Justly indebted to the Association, i+} the here ass Declarant lnbefore mentioned assessment.. • its succesaxDras asatti asci Should covenants and grass ,do and lserforra all of the a3reemen$u herein contained odd the auase.a�anentas and make here"Y secured Prompt PaYment Payable' then this; as the same Shall be ° cony cessae due sand further force and el`gncst BhalY becaame msl[i and void and a and effect. • - That in the no event or 'default in laerebY secured the isayseent of any aasesarnent theses, , in accordance s+ittr - Pon, or at any tip the terms hereof, it shat9 NEI .W aa� Fl - big' i , s i ,6 his successaar or substitute, at the request of the Association (which requeat is ber+tbY conclusively presumed) to enforce this trust and make sale of the above: described and conveyed. Property, or any portion thereof, as provided in Article 3610, Revised Civil Statutes .of Tdxas 1925, after notice as provided in said Article (but w1thout any other notice than is required by said Article 3810), selling all of the Property as ant entirety or in parcels ars the Trustee acting may elect, .and make due conveyance to the pur- chaser or purchasers, with general warranty binding the grantnas', h1s, heirs and aassignsg and out of the money ,arising from such sale, the Trustee acting shall first iaay all expenses of advertising said sale and: coasts of conveyance, and then to the Association the full amount of assessments oaring, interest thereon, and reasonable attorney's fees, rendering the balance of the sales prise, if any, to grantor, his heirs and assigns, and the recitals in the convey- ance to said Purchaser or purchasers, shall be full and conclusive u evidence of the truth of the matters therein stated, and all pre-- requisites to said sale shall be presumed to have been performed and such sale and conveyance :shall be conclusive againast grantor, his heirs and assigns. In case of the absences resignation, death, inability,, failure or refusal of: the Trustee, herein named or any substitute trustee appointed hereunder to act, or in the event the Association shall deem it desirable to remove without cause the Trustee or any sub- stitute 'Trustee and appoint another to execute this trust, then in any Of ,such events the Association shall, have the right (to be exercised through its Board of Directors) and is hereby authorized and -empowered ter aPpoiaat a successor and substitute without any .formality other than an appointment and designation in writings and this appointment shall rest in tains, as Trustee, the estate and title in and to 811 said premises, and .tae shall thereupon hold, Possess and execute all the rights, title, powers and duties herein conferred upon the Trustee named hereing and the right to appoint a ,successor or substitute Trustee shall exist as often and xhenever from any Of said camases any Trustee, original or substitute, cannot or will ft -o- m -s. --a -- -. a attempted exercise of the'pover of sale herein contained shall not exhaust said pourer Of sale and shall not prevent any subsequent exercise thereof. ' It• is especially agreed that, in the event of foreclosure under the powers granted herein, the person in possession of said property shall thereupon become the tenant -at -will of the purchaser at such_ foreclosure sale, and should such tenant refuse to sur- render possessio:s of said property upon demand, the purchaser shall thereupon, at his or her option., be entitled to institute and main- tain the statutory action for forcible detainer and procure a writ of possession thereunder. This provision shall,iaa no wise preclude the purchaser from bringing any other legal action for possession of said property and the bringing of one character of action shall not preclude the other, and the same may be exercised separately or simultaneously. Section 10, Subordinationofthe Lien to Mortgage . The lien of the assessments provided for herein shall be subordinate to any purchase money mortgage or any constitutional mechanic's and materialman's lien contract, or any renewal or extension of game. Sale or transfer of any Lot shall not affect the assessment lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Any First Mortgagee who obtains titre to a Lot pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such Logs unpaid assessments which accrue prior to the acquisition of title to sucb -Lot by the mortgagee. Section 11. -:Exempt Property. The following property subject to this Declaration Ahal,l be exempted from the assessments, charge and lien created bereina fa) All properties to the extent of any easement or , other Interest therein dedicated and accepted by the local public authority and devoted to publicassn, 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$ 102 r , f c r Pli (b) .All Common Area as defined its Article I, Section 4, hereaft and (c) All property exempted 'from taxation by the laws of the State of Texas, upon the terms and to the extent of such legal, exemption. Notwithstanding any provisions _ herein, RO lafad or improvements devoted to dwelling use shall be exempted from said assessment, chargers or liens. Section 12. Books and Records. Proper books and records shall be kept with reference to all assessments, and each Owner or rivet Mortgagee shall at all reasonable times during business hours have access thereto. The -books and records shall be kept in such a manner as to seperately identify the payments and :assessments for utility service, maintenance and capital improvements.. NO payment or assessment for each individual assessment account shall be transferred or debited or credited to .another account. ARTICLE VI OWNER'S OBLIGATION Zii REPAIR AND MAINTAIN; OBLIGATION To R£Btt2LII1 OBLIGATION TO CONSTRUCT SIDEWALK Section I. Owner's obligation to Repair and Maintain_ Resi- dences. Each Owner shall, art his sale cost and expense' perform such repairs and maintenance as shall be required to keep his resi- dence in a condition comparable to the condition of such feside:sce at the time of its initial construction, excepting'onlyordinary wear and team Additionally, (except to the extent of exterior Lot maintenace to be furnished by the Association under the provisions of Article V, Section 2=ji 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 wake such repairs or perform such sraintenance, and such failure or refusal, shall continue for more than forty-five (451 days from delivery of smitten notice from the , Association to the Owner (or, If nor* than one 11) Owner, to any of therm) sp*cifying the maintenance or repairs required to be wade, the Association may' at -its election, cause such maintenance and repairs to be performed, The costs of making or performing such =sEaintenace and repairs shall then be An additional assessment to 10311 n d s j which such Lot is subject and shall be due and payable to the Association in the month next following the delivery to the Owner (oro if more than one (l) Owner, to any of them) of said maintenace or repairs. This assessment shall be secured by the same lien or liens and shall be enforceable in the same spanner as any other assessment upon such Lot. lection 2. Owners Obligation to Rebuild. Zf all or any Portion of a residence is damaged oradestroyed by fire or other casualty, it shall be the duty of the Owner thereof with all due diligence, to rebuild, repair or reconstruct such residence in a manner which shall substantially restore it to its appearance and condition immediately prior to such casualty. Reconstruction will l 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 owner or Owners-, ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be com- menced, erected, 'placed or maintained upon any Lot in the Addition or upon any portion of the Common Area, nor shall any exterior addition to or change or alteration of any improvement in the Addi- tion.be Heade, until the plans and specifications therefor, showing the kind, -shape, height, materials and location of the. same shall have been submitted to and approved in writing as to harmony of external design and location in relation .to surrounding structures and topography by the Board of Directors of the Association. or by an architectural committee composed of three (3) or more represen- tatives appointed by the Board; provided, however, that the afore- mentioned approval shall not be required of Declarant as to crn- struction by Declarant upon any of the Lots in the Addition. Yn the event said Board, or its dasignated committear•fsils'to approve or disapprbva such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and -this Article will be 'deemed to have been fully implied with. 04 E i i .i ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be com- menced, erected, 'placed or maintained upon any Lot in the Addition or upon any portion of the Common Area, nor shall any exterior addition to or change or alteration of any improvement in the Addi- tion.be Heade, until the plans and specifications therefor, showing the kind, -shape, height, materials and location of the. same shall have been submitted to and approved in writing as to harmony of external design and location in relation .to surrounding structures and topography by the Board of Directors of the Association. or by an architectural committee composed of three (3) or more represen- tatives appointed by the Board; provided, however, that the afore- mentioned approval shall not be required of Declarant as to crn- struction by Declarant upon any of the Lots in the Addition. Yn the event said Board, or its dasignated committear•fsils'to approve or disapprbva such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and -this Article will be 'deemed to have been fully implied with. 04 E s ARTICLE VIII MAINTENANCE BY THE ASSOCIATION Section Is Maintenance of Common Area. It shall be the duty and Obligation of the Association to maintain and keep in repair (i) the Comecon Area of the Addition, together with all structures and improvements thereon] iii} maintain and repair all water, sewer, storm drainage and other utility lines in or serving the Common Area Or serving- worst than one (1) tot in the Addition €which shall not be dedicated to general public taseiy fill) maintain and repair sidewalks within the Addition situated on the Common Area= fiv) maintain and repair private streets situated can the Common Area within the Addition] and #v} provide exterior Lot maintenance for the Lots within the Addition, as provided in Article Vg Section # j) hereof. - ARTICLE IX _ PARTY WALLS Section I. General Rules of Lav to APp.Ly. 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 divining line between the Lots shall constitute a party wall, and, to the extent not incon- sistent with. the, provisions of this Article,_ the general rults. of law regarding party walls and liability for property damage due.tc 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, rf a party wall is destroyed or damaged by fire or other casualty any Owner who has Used 'the gall may restore it, and if the other owners thereafter make use of the walls, they shall contribute to the .cost of restora- tion thereof is proportion to such use without prejudice,.however, to the right of.any such Dwners to call for a larger contribution from the'others under any 'rule of law regarding liability or negli- gence or willful acts or omissions. Section d. Weatherproofing. Notwithstanding any other provi- JOZ-3 a sion of this Article, an owner who by his negligence or willful act causes the party wall to be exposed to the elements shall bear the Who's cost of furnishing the necessary protection against such ele- Mentz. Sectio, Right to Contribution Runs With the Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the' land and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the Provisions of this Article, each Darty shall choose one (1) arbitrator, and such arbitrators shall choose an additional arbitrator, and the decision shall be by A majority of 'all the arbitrators. Should any party refuse to choose an arbitrator within ten i10i days after written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing petty: ARTICLE X USE RESTRICTIONS Section 1. Residential Use. No owner shall occupy or use his Lot or building thereonr or pe.rmi.t the same or ,any part thereof to be Occupied or used for any purpose other than as a private resi- dence for the owner, his family, quests and tenants. Section Z. t]hstruction 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 Beard Qf Dizectors. Section 3. 'insurance. Nothing shall be done or kept in the Common Area, without the prior written consent of the Berard of Directors. No Owner shall. permit anything to be -done or kept in the Common Area which results in _the cancel,l.aflon of Insurance on any Part of the Common Area, or which would be in violation of any lay. . SO waste will bo committed in, the Common Area. section .4. Yiuigancea. No Noxious or offensive activity shall be carried on upon any lot, or the Common Area, nos shall anything be done thereon which say be or say become an annoyance or -nuisance 10 to the other owners._ No bit, trailer, truck, camping or recrea- tional vehicle, or Motorcycle s # � y hall be parked or stored upon any ! Lot in the Addition for more than forty-eight (48) hours, except wholly within an enclosed garage appurtenant to a dwellings nor shall any such boast, trailer, truck, +camping or recreational vehicle, or Motorcycle be parked upon a street or driveway in the Addition for more than forty-eight (48) hours. No repair work, dismantling or assembling of motor vehicles or any outer machinery s or equipment shall be permitted in any street, driver driveway or Yard adjacent to a street, or in the Common area. Section S • Temporary Structures. No structure of a temporary character, trailer (whether or not Permanently attached to the ground), basement, tent, shack, barn, servants quarters or other out building shall be Used on any Lot at any time as a residence, either temporarily or Permanently; not shall any used residence or other structure be moved onto any Lot. During the construction and ` Bales period of the initial dwelling units the Builder may erect and maintain such structures as is customary in connection with such construction and sale of such property, including, but without limitation, a business office, storage areas, construction yards, s signs, model units and sales offices. Section__ 6. Si ns. -NO sign of any kind shall be displayed to t public view or any Lot or building except one (1) sign of not more than eight (8) square feet in area advertising the merits of the - property for sale or rent. During the construction and inital sales period of the dwelling units the Builder may use other signs and displays to advertise the merits of the property for sale or rent. Section 7. flil and t4ining operations. Hct gas or oil drilling, gas or oil ,development operations, oil refining, quarrying or mining operations of any kind shall he Permitted upon or in any Lot, nor shall oil Weller tanks, tunnels, mineral excavations or shafts be per,aitted upon or in ' any Lot. Section B. Livestock and poultr . No anitsiils, livestock, or - poultry of any hind shall be raised, bred or kept, on any Lot, except -17- . + 108 :e t that dogs, cats Or other household pets, not to exceed a total of $ ' two 12) pets, may be ktpt, provided that they shall not become a nuisance and ars not kept, bred -or maintained for any commercial • purposes, Secy, Ga ba(je and Refuse �3isposal.. No Lot or any part of the Common Area shall be used or maintained as dumping ground for rubbish. Trash, garbage cc other waste shall be kept screened by adequate planting or fencing so as t¢ conceal thea from public view. Thert is reserved in favor of the Association the determina- tion of the method of garbage disposal, that is whether it shall be _ through public authority or through private•garbage disposal con- !{ -tractorfs}, All incinerators or other equipment for the storage or disposal of such materials shall.- be kept in clean and sanitary i condition, i Section 20, Sewage Treatment. No sewage treatment system _ shall be permitted on any Lot. 'Section s il. fisc of Common Areas, Except in: the individual yard areas appurtenant to a residence, noPlantingor gardening small be done, and no sidewalks, driveways, parking areas, fences* _ hedges or Walla shall be erected or maintained upon any Lot except i - such as are installed in accordance with the initial construction Of the building located thereon or as approved by the Association's # Board of Directors or their designated architectural committee. -.j Except for the ri'g'ht of ingress and egress and the right and ease- ment of en o - j yment as defined herein, the Owners are hereby pro- hibited and restricted from using an of the property 9 Y pro ere In the Aldi- - r_ ,r ; tion outside the exterior property lines of each sot, except as may be allowed by the Association's Board of Directors. It is r expressly acknowledgtd and 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. Maintenance, upkeep and. repairs of any rear or side yard and patio shall be the sole responsibility of the Individual Owner and not in any manner the responsibility of the . Association, Any cooperstiv* action necessary or appropriate to s the•proper Aaintenance and upkeep of the Common Area, all Improve- ■ents on the Common Area, including but not limited to, buildings, recreation and parking areas and -walks, shall be taken by the Board of Directors or by its. duly delegated representatives. Section 12. Owner's Maintenance. The Owner shall maintain and keep in repair the following equipment and lines located out- side the residences air conditioning compressor condenser, includ- ing pipes and electrical lines connecting same to the residence, sanitary sever line connecting the residence to the sanitary sewer collection system, electric poser service conductors from the exterior of the building to the point of connecting to the electric utility company's junction boa or transformer, electric circuit breakers, any portion of natural gas, and/or' telephone service linea located on the Lot but not maintained by the gas and/or tele- phone companies. An towner' shall do no act nor any work- that will impair the structural soundness or integrity of another residence or impair any casement or hereditament, nor -do any act nor allow .any condi- tion to exist which will adversely .affect the other residences or their Owners. Section I Annoyance.- No activity shall be carried on upon any Lot or the Common. Area which might reasonably be considered as an annoyance to neighbors of ,ordinary Sensibilities and which ;.tight be calculated to reduce the desirability of the Addition as a resi- dential neighborhood, even though such activity be in the nature of a holding and not carried on for profit., Section 14. minimum Square Foot Rectuirements No dwelling shall be permitted tin any Lot in the Addition in which the living floor area of the wain structure (including enclosed utility and storage rooms, but exclu4ing, open porches, carports and garages) shall be less than eleven hundred (1100) square feet. Section 15. Minimum:Setback Requirements. No structure shall be located nearer to the front Lot Ling or nearer to a side street line than the building setback lines shown on the recorded prat of the Addition, nor shall any structure be located nearer to any "Lot -19- - 109- � � 1. F line, right of way line of a dedicated street, curie line of a Private drive, peripheral Addition boundary, or to any other struc- ture than as otherwise permitted by the Code of €3rdinance& of the City of Beaumont, Texas, As from time to time amended. Section 16. Rights of declarant and Its Transferees. Declarant or the transferees of Declarant shall undertake the norm of developing all or substantially all Lots included within the Addition. The completion of the work, and the sale, rental or other disposal of residential units is essential to the establishment and we.Ifare of the Addition as an Ongoing residential community. In order that such work may be completed and the -Addition established as a fully occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to prevent Declarant or Declarant's transferees ftom the orderly development of said Lots within the Addition or the development of units on said bots. As used in this Section, the words -its trans- -fereesi specifically excludes purchasers of Lots improved with com- pleted residences. ARTICLE xI EASEMENTS Section 1. Easements of Encroachment. These shall exi-st a reciprocal appurtenant easement between ,each Lot and as y portion of the Common Area adjacent thereto for any encroachment due to the unwilling placement, settlement or shifting of the improvements constructed, reconstructed or mitered thereon, provided such ccn- structi+on, reconstruction or alteration is in accordance with the terms of this Declaration. Such easement shall exist to a+distance of not mor* than one foot (1') as measured from any point on the common boundary between adjacent bots, 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 ahn11 exist as to any encroachment occurring due to the willful conduct of in owner. In the event the structure containing tvo (I) or more residences on a Lot or Lots is partially or totally destroyed, and then rebuilt, the Owners 80 affected agree that ninny 110 0 s sof parts of the adjacent residential uhits on Common Area (to the extent of not more than- one foot il' ) 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. Secy. Blanket Easement. An easement over and upon every Wt and all of the Common Area of the Addition Is hereby granted to all Police, fire protection, ambulance, garbage and trash collec- tion +vehicles and personnel to enter thereon in the performance of their duties. Purther, as like easement is herewith granted to the Association, its representatives, agents and employees, to enter in and upon or to cross any Lot and the Common Area of the Addition for the purpose of performing the duties of maintenance and repair herein provided. Section 3. Other Easements. Easements for installation and maintenance of utilities and drainage facilities and for public streets are shown and designated as such on the recorded Plat of the Addition and are hereby ,dedicated to public use by the Declarant. Within the utility or drainage easements, no structures, plantings or other material shall be placed or permitted to remains which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere with, or change tate direction of floss of drainage facilities in the easement. No dwelling unit or other structure of any kind (except as hereinafter provided) shall be built, erected or maintained on any such easement, reservation, or right of way and such easements, reservations or rights of way shall at all times be open and acces- sible to public and quasi -public utility corporations, their employees .and contractors, and shall also be open -and accessible to Declarant, its successors and assigns, and to the Association, its agents, employers and contractors, all of whom shall have the right and privilege of doing whatever may be necessary ins, on, under or -above such locations to carry out any of the purposes for which such easesents, reservations and rights of Dray are reserved. Easements for vinA.rna.+..–A ..s f; 1— - - M a a d s i 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 far.any damage done by them, their agents, employees or contractors to such sidewalks or driveways in the course of installing, main- taining or removing utility lines and appurtenances thereto within t such easements. ARTICLE XII GMRAL PROVISIONS Section Enforcement. The 14880ciation,'Or any owner, shall the e right to enforce, b ] Y any proceeding at law or in equity, all- restrictions, conditions, covenants, reservationse liens and charges now or hereafter imposed by the provisions of this Declara- deemed: a waiver of the' right to do so thereafter. Section ?. Severability. Invalidation of any one 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 $hall run with and bind the land, for a teas of twenty (20) years from the slate this Declaration is recorded, after which time they .shall automatically be extended for successive period2 of ten -(10) years_ Thin - Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than seventy-five percent (751) of the Lot Owners. Any amendment must be recorded. Section 4. Mortgagee Protection Unless at least 751 of the First Mortgagees (based on one vote for -each first teortgage owned) or Owners (other than the sponsor, developer or, builder] of the Lots in the Addition have given their prior Britten consent, the Association shall not be entitled tot (a) BY act -or omission seek subdivide, ancumbes, sell or transfer the common psopertY Owned, ,directly or indirectly, by the drsaociat#on. The grantinj of easements for public utilities or for other public purposes consistent with the intended use of such common property in the Addition shall not be deemed a transfer within the meaning of this clause, (b) Change the method Of determining the obligations, assessments,, dues or other chargee which may be levied Against a Lot Owner t {ci BY act or omission change, valve or abandon any scheme of regulations ar enforcement thereof, pertaining to the architectural design or the exterior- appearance Of any home, the exterior maintenanc=e of homes or the maintenance Of the Common Area in the Additionp id) Fail. to maintain fire and extender} coverage an insurable common property on a current replacement cost iasis in an amount not less than loot of the Insurable vale (based on current replacement cost) F and (e) Use hazard Insurance proceeds for losses to any common property for otber thart the repair, replacement or reconstruction of such common property. EXECUTED this the ,Ar_ ay of 9. _ ATTESTS AMERICAR .REAL ESTATE CORPORATION SECAET� AR L. H Fi3ibri9hr - Preside C,RWARZiASE-THQRP HZifL. SC ARZLOSE LAME THOp t i 3 a subdivide, ancumbes, sell or transfer the common psopertY Owned, ,directly or indirectly, by the drsaociat#on. The grantinj of easements for public utilities or for other public purposes consistent with the intended use of such common property in the Addition shall not be deemed a transfer within the meaning of this clause, (b) Change the method Of determining the obligations, assessments,, dues or other chargee which may be levied Against a Lot Owner t {ci BY act or omission change, valve or abandon any scheme of regulations ar enforcement thereof, pertaining to the architectural design or the exterior- appearance Of any home, the exterior maintenanc=e of homes or the maintenance Of the Common Area in the Additionp id) Fail. to maintain fire and extender} coverage an insurable common property on a current replacement cost iasis in an amount not less than loot of the Insurable vale (based on current replacement cost) F and (e) Use hazard Insurance proceeds for losses to any common property for otber thart the repair, replacement or reconstruction of such common property. EXECUTED this the ,Ar_ ay of 9. _ ATTESTS AMERICAR .REAL ESTATE CORPORATION SECAET� AR L. H Fi3ibri9hr - Preside C,RWARZiASE-THQRP HZifL. SC ARZLOSE LAME THOp t i i 3 i i s } subdivide, ancumbes, sell or transfer the common psopertY Owned, ,directly or indirectly, by the drsaociat#on. The grantinj of easements for public utilities or for other public purposes consistent with the intended use of such common property in the Addition shall not be deemed a transfer within the meaning of this clause, (b) Change the method Of determining the obligations, assessments,, dues or other chargee which may be levied Against a Lot Owner t {ci BY act or omission change, valve or abandon any scheme of regulations ar enforcement thereof, pertaining to the architectural design or the exterior- appearance Of any home, the exterior maintenanc=e of homes or the maintenance Of the Common Area in the Additionp id) Fail. to maintain fire and extender} coverage an insurable common property on a current replacement cost iasis in an amount not less than loot of the Insurable vale (based on current replacement cost) F and (e) Use hazard Insurance proceeds for losses to any common property for otber thart the repair, replacement or reconstruction of such common property. EXECUTED this the ,Ar_ ay of 9. _ ATTESTS AMERICAR .REAL ESTATE CORPORATION SECAET� AR L. H Fi3ibri9hr - Preside C,RWARZiASE-THQRP HZifL. SC ARZLOSE LAME THOp JkTTF sus S NDPIYER DVELOPMENT CompAHY ATTESTg SANDELWOOD DEVELO COMPANY :�. k Aa � .$i31�1�e Prdsiddne _ 114 THE STATS OF TEXAS S COUNTY OF JEFFERSON � BEFORE ME, the undersigned Au and for said thoritYr a Notary Public in ci County and State, tin this day personally appeared L. M rulhri—.__oht r president of AXPRrCAN REAL ESTATE C©RPORArXON ----- r a Texas corporat tan, known to me t0 a the person and OffIcer khone name is subscribed to the .Foregoing' instrument, and acknowledged to me that he executed the some for the Purposes And --consideration therein expressed as the a t and An the capacity therein stat a_and deed of said UNDER MY. HAND AND 8E" OF OFFICE this 17th day of A.D. 1979. NOTARY PUBLIC Ilt AND FOR r a • aTEFFERSOIq COUNTY, TEXAS !fi} ComdSVIOn Erpirexa 7-17-E8 ;Pr ttt i#ame avreen xa�rer THE STATE OF TEXAS COUNTY OF JEFFERSON � BEFORE M$; the undersigned Authority, It Notary public in and -for said County and states on this day personally appeared X. fir- Sand --1 -President , Of Sandelvocad Laeveio , a Texas carporat oa, ic�cene and o€€deer erson whnsa name is subscribed doto the foregoino e ghinstrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the acct and deed of said corpc3!rati*.n# and in the capacity therein stated. `•+•; :,..- •..& yEtt UNDERY SAND A.D.AND REAL OF OFFICE this-uthday of # 1979. •e x t ��, f..;t J ! .�:.1 NOTARY I AND FOR� x • �:� ; ox :.-�`a};,_ JEFFERSON COUNTY TEXAS �,�• .. ; KS► Commission Eipireata 7-17-90 - • Maureen Xameras (Print Name . 4 R THE STATE Or TEZAS � CC)UH zc aF JMTZRSON BEFOREC the Undersigned Authority, a Notary Public in James L.tlaVes and far said County and State, on this day persana.11y 4PPeared Compan a =president of Sandpiper Development t a Texan corporat an Tcnown to me to c the person an a g cer whose name is subscribed to the for Instrument, and acknowledged to roe that he executed the same for the purposes and conaideration therein expressed, as the stated. act and mead of said corporation, and In the capacity therein - Bt WERMy HANS AND Rn op OFtiCE this Is �.a : r+ riC:ie2xar �a A.D. I9i9. 'day of Of *' i3 -.' �> 1, ..,. • mac-. ANTI FOR JEFFERSON COUNTY ;_s ............. . •,' s TEXAS ,. +'I9 Comatasi�n gzpires 7-17-80 Maureen xamerer 1-1111L name) TH8 STATE OF TEXAS - COUHTY OF JZPFERSOH - - BEFORE IM the undersigned Authority, a Mata and for said county and State. ry Public in on this da iII hverz2 y personally appeared Hasse #s avbscr e • known to me to be the Person whose tate oregoing to me that he aexecuted the _ tht►�cai,%i_•expressed. instrument, and acknowledged Same for the purposes end consideration f f - ATE _UNDER My MM Milt Aaaa mwber- = ` AaD 9.this .SM Olp fl%FZCE 30th day of ••"', NO�'ARY PUBLIC !N •••• AND FOR JEFFERSON COUNTY; TEXAS -- Coaeniaaion Srpiresx 1T ao NAUREEN XANERER {Pr nt Na THE STATE OF TEXAS mej COUNTY OF JEFFERSON � S BEFORE "I the undersigned Authority, a Notary Public in and for county .and State, on this day peNotary a C3aude 782a;1.4. y PPeared name a subscr bed to tine forekoiwn to me tet be the person whose t0 me that he executed the same for Instrument, and acknowledged therein expreaaed. purposes and conaideration s ,...•..�'�, UNDER #iy SAND AND SEAL Og � e tEt ,- -: A.D. 1979. OFFICE thin loth day of MA AM! PUBLIC IiI ANlI FOR .TBi*3' E CO P 7=t� Q; •. ,_,, = y - xy C�R Ol$vn i ` T r rd's: pr nt —Ma M—e 9 n of _ y 1 CONSENT 01, MORTGAGEE The undersigned, ALLIED UNION BANK OF BEAUMONT, being owner and holder Of an existing mortgage lien upon and against the land and property described as the property in the foregoing Declaration of Covenants, Conditions and Restrictions, Sandelwood Trail, and such mortgagee anti lienholder does hereby consent to said Demortgagee of. Covenants, Conditions and Restrictions Sandelvood Trail and the Exhibits Attached thereto, and to the recording of same. This Exhibit shall operate to .subordinate said mortgage lien to said Declaration of Covenants, Conditions and Restrictions Sandelwood Trail, but shall not be construed or Operate as s release of said mortgage or lions owned or bald by the undersigned or any part thereof. Signed and attested by the undersigned officer of said ALLIED UNION BANK OF BEAUMONT, hereunto authorized, this this 21 day of _ge2tWktr , A.D., 1979. ALLIED UNION BANK OF BEAUMONT THE STATS dr TEXAS COUNTY OF JEFFERSON j BEFORE ME, the undersigned authority, or this day Personally appeared Of ALLIED UNION SANK OF 8EAUi3ti 'tTe `rcno m'e tC� `� mi and officer whose name is subscribed to the ferecoi�ng instrument, and acknowledged to me that the same was .fie act of said ALLIED UNION BANK OF BEAUMONT, and that he exeeutdd the same as the act of said bank for the L and consideration therein expressed and in the capaciP^esen ty therein stated. GIVEN �DE�R i1�E fiA34ii AND SEIsL OF OFFICE Tiil�a of �-�}---= A.D.. 1974. d�1Y...� :.. OTAR PUBLI IN ANDsrt7_` r • k�`y JEFFERSON COUNTY,, • �E�xg � if; � 3�:. `i; �', _ _ MY COMMISSIONN ZXPiRESs� 3.`:•...• "i. 1P raclN iiiuiE} - yy���"�� h`E h'iCHOLSON •—]r PtWie in Jeffers&! County: Teo, EWwa FtL 5, IS�2 KOHLEil aKOHLER - ENGINEERS &SURVEYORS - aHm ra?N a7aRHT aRayNOMt iota 7l7sR s.e_aoa ser= A. Rsf•asss October 20, 1974 FIELD NOTE DESCRIPTION Ol A 13.00 ACRE TRACT ©? LAND TO BE ifil0fttt AS SANDELIMOD SUBDIVISION Being a 13.00 acre tract of laud put of the It. Williams Survey in Beaumont, Jefferson County, Texas and being a part of Block I of the A. X. Daniels Subdivision and Lot 21 Block 31 of Calder Highlands Addition, a subdivision recorded in Vol. A'Page 155 - 157 of the Hap Records of Selfersan County, Texas and said 13,02 acre tract of land being more particularly- described by metes -and bounds as follows: FOR locative corner begin at an Iran stake in the North .line of Delaware Street and in the East line -right-of-vsy of Lot 5 Blocktof n; ' Calder Highlands Additioamid iron stake lies in the cowman line between Blocks l and 2 of said A. X. Daniels Subdivision and locates the Southwest corner of a previously described 1..30 acre tract of land; THENCE South 89 degrees 15 minutes 59 seconds East with the Horth line of Delaware Street and with the South line of said 1.30 acFe tract t distance of 245.33 feet to a steel rod locating the lower Southwest and tha beginning tomer of the tract of land herein des- cribed; THENCE North 0 degrees 45 ainutes 29 seconds Hist with the West line of a 27 faa[ Bride private drive and with the East line of said 1...30 acrs- tract a distance of 193..08 feet to an Iran stake locating the beginning Point of a curve to the left whose central angle is 10 degrees 22 min_ _ utes 11 seconds and whose radius is 262.02 feet; THENCE in a Northwesterly direction with the arc of said Curve distance of 47.42 feet to a steel rod for corner locarc the han am Arc Point of a curve to the right whose central angle is 10 ating Utes 11 seconds and whose radius is 289.02 feet; degree G2 nin- THENCE in a Northerly direction -with the are of said curve an are dig- tance of 52.31 feet to a steel rad for corner; said steel rod also locates the Northeast corner of said 1.30 acre tract;. THENCE South 89 degrees I* minutes 31 seconds Vest with the North line Of said 1.30 acre tract a distance of 185.33 feet to a steel rad for toner In the East 31"e0f block 31 of Calder Highlands Addition and in the hest Tina of Block 1 of the A. X-DanielsSubdivision; KOHLERaKOHLXR - XNGINE]ER8•SURVEYORS assurararaaar aa.arOrs masa r9raa ►_ o ta: soea �= A- V_ its INMIPOaMt asa-aasa October 20. 1978 A 13-00 ACRE TRACT D1r LAM TO 3Z Xt0ttti AS SANDEL6 WD SUBDIVISION Page 2 THENCE North 0 degrees 45 minutes 29 Seconds Peat with said pine a distance Of 2087.69 feet to an iron *take for corner; said: Iron stake locates the Northeast corner of Lot 20 Block 31 of said Calder Highlands Addition and the Southeast corner of Lot 21 in said 1lloci 31; THENCE South 89 degrees 14 minutes 31 seconds hest with the North line of Lot 20 and the South line of Lot 21 a distance of 223.33 feet to an Iran stake for scorner in the East line of Lucas Drive; THENCE Horth 0 degrees 45 minutes 29 seconds hest with the East line of Lucas Drive a distance of said iron stake locates the N15Q_Q feel to an iron stake for camera orthwest corner of Lot 21 and the South- west ,comer of Lot 22 in said Block 31; THENCE North 89 degrees 14 minutes 31 seconds Er_st with the South line of Lot 22 a distance of 223.33 feet to an Iran stake for corner locating the Southeast corner of said Lot 22, the Northeast corner of Lot 21 and 1Jing in the hest line of .Black I of'the A. K. Daniels Subdivialon; THENCE Horth.0 degrees 45 minutes 29 seconds hest with said line a distance of 110.D feet to an iron stake for comer; said iron stake locates the northeast coarser of said Lot 22 and the Nosrhsreat canner of Block I Of: the A. B. IIaniels Subdivision; THENCE Horth 89 degrees 17 minettts 16 second& East with the North line of said Block 1 a distance of 22333 feet to an iron stake far corner In the East line of said Block I and in the East line Of the H. Williams League; THENCE South 0 degree: 45 minutes 29 seconds East with said line and at 241.06 feet Pass an iron stake locating the Northwest corner of Lot 21 Block 4 Of Westmont Addition. a subdivision recorded in Vol. 10 Page 139 Of the Map Records of Jefferson CasuntT, Texas and continue with said line a total distance of 2639.75 fret to a steal rod for carrier in the North line of Delasrarm Street. - THENCE South 89 degrees 15 minutes 49 seconds Heat with the Porth line Of Delaware Street a distance of 29.0 feet to the glace of beginning contaiaing 13.0o acres of land. ,DF,j. a,• Carl W. Kohler-R.P.S. .'.....,' �'...._ ;•t:AaL W. If�?ft ER Clerk EX'HI Bit` - A a Rate: Hap Recorded In Vol 24, Peg# 38, of the Hap Records 8f Jefferson County, Texas. MED foR RE -COAD ' ia-14a72'