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HomeMy WebLinkAbout883-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. FILE: 883 -OB STAFF REPORT James M. Simmons, President of Woodpark Homeowners Association, has requested that the City of Beaumont accept maintenance of the private streets known as Woodpark Street, Woodridge Lane, Windwood Lane, and infrastructures. 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: 1. Approval of conveyance document by City Council. This item was sent to all interested parties. 1115Ie a01113iY01wrjo[M is all HIMM Being the Woodpark Subdivision land and infrastructure owned in common. DATE: 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. FILE: 883 -OB STAFF REPORT James M. Simmons, President of Woodpark Homeowners Association, has requested that the City of Beaumont accept maintenance of the private streets known as Woodpark Street, Woodridge Lane, Windwood Lane, and their infrastructures. 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 conditions 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. A legal document has been prepared for the purpose of conveying they paved roadway to the City. 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 of the request and the document. This item was sent to all interested parties. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being the Woodpark Subdivision land and infrastructure owned in common. I" NO IN "Al 10 ILI 1 M11 11,413 V.11 V MMIM"TWOUJI[IFFM I APPLICANT: James M. Simmons, President of Woodpark Home Owners Association PROPERTY OWNER: Woodpark Home Owners Association LOCATION: Woodpark Subdivision EXISTING ZONING: PROPERTY SIZE: EXISTING LAND USES: FLOOD HAZARD ZONE: SURROUNDING LAND USES: NORTH: Residential EAST: Residential SOUTH: Commercial WEST: Residential COMPREHENSIVE PLAN: III.-Talgra"M RS (Residential Single Family Dwelling) —3.61 acres more or less Private street "X" - Areas determined to be outside SOO-year floodplain SURROUNDING ZONING: RS (Residential Single Family Dwelling) RS RS RS Stable Area Curb and gutter RATIFICATION AND AMENDMENTS TO FLAT 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 Woodpark Homeowner's Association, a Texas non-profit corporation (the "Association"), and the City of Beaumont, Texas (the "City"), and agreed to by three- fourths (3/4ths) of 4o Lots depicted on the Plat, as defined below. WHEREAS, the plats of Woodpark Addition - Units I and II were filed in Volume 12, Page 8, and in Volume 12, Page 24, respectively, of the Map Records of Jefferson County, Texas (the "Plat") and the Declaration of Covenants, Conditions and Restrictions of Woodpark Addition - Unit I was recorded in Vol. 1870, Page 265, Deed Records, Jefferson County, Texas and a Supplemental Declaration, which added Unit II to the Subdivision, recorded in Volume 1932, Page 3o, respectively, Deed Records of Jefferson County, Texas (the "Declaration"); WHEREAS, the Plat depicts Woodpark Lane, Woodridge Lane and Windwood Lane as the means of ingress and egress to and from Woodpark Additions Unit I and Unit II and Gladys Avenue, a dedicated and platted public street and Woodpark Lane, Woodridge Lane and Windwood Lane as (i) the means of ingress and egress to and from each Lot and Woodpark Lane, Woodridge Lane and Windwood Lane and also (ii) the means of traversing within Woodpark Additions Unit I and Unit II; WHEREAS, the definition of "Common Area" in Article I, Section 4 of the Declaration tacitly includes the street(s) and shown on the plat as Woodpark Lane, 1 Woodridge Lane and Windwood Lane, 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 public agency... ", but "No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rds) of each class of members 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 classes of voting membership: Class A.... all owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. Class B. ...shall be the Declarant and shall be entitled to three (3) votes for each Lot owned... "; WHEREAS, the owners of three-fourths (3/4ths) of the Lots, comprising three- fourths (3/4ths) of the voting Members of the Association, desire to, and hereby do, agree to the dedication of Woodpark Lane, Woodridge Lane and Windwood Lane in Woodpark Unit I and Unit II to the public by and through the City; WHEREAS, in consideration of the foregoing dedication, the City hereby accepts such dedication of Woodpark Lane, Woodridge Lane and Windwood Lane to the public; WHEREAS, in consideration of the foregoing dedication and acceptance, it is therefore necessary to confirm and ratify the Declaration so that all references to the street(s) shall hereafter be amended to read Woodpark Lane, Woodridge Lane and Windwood Lane, respectively, such that the dedication of those streets reflected upon said Plat as Woodpark Lane, Woodridge Lane and Windwood Lane are to public use forever; and WHEREAS, there exists the necessities of the ratification and amendment of said Plat and Declaration as herein stated. I NOW, THEREFORE, PREMISES CONSIDERED, the Association and City, with the agreement of all Lot owners, do hereby ratify and amend the Plat and Declaration, and dedicate Woodpark Lane, Woodridge Lane and Windwood Lane to the public use forever. Being understood 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: Woodpark HOMEOWNERS ASSOCIATION, a Texas non-profit corporation La James Simmons, President • W 0 Dr." t1i UV 14) 0 By: — Name: Title: Owner Owner Owner 3 "Association" Lei N "City" Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner Owner STATE OF TEXAS § COUNTY OF JEFFERSON § "Lot Owners" This instrument was acknowledged before me on the day of , 2019, by JAMES SIMMONS, as President of WOODPARK 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 , 2019, by , as of the CITY OF BEAUMONT, TEXAS, on behalf of said city. Notary Public, State of Texas 11 PgS 2017009044 DL Amended and Restated Declaration of Restrictive Covenants of the Woodpark Addition, Unit 1, Beaumont, Texas Basic Information Date: February 23, 2017 Property Owners Association: Woodpark Home Owners Associated is a Texas nonprofit corporation Property Owners Association's Address: Property: A 2.370 acre tract of land and a 6.135 acre tract of land, both depicted in Plat recorded at Volume 12, page 9. Map Records of Jefferson County, Texas. Definitions "ACC-" means the Architectural Control Committee established in this Declaration. "Assessment" means any amount due to the Property Owners Association by an Owner or levied against an Owner by the Property Owners Association under this Declaration. "Board" means the Board of Directors of the Property Owners Association. "Bylaws" means the Bylaws of the Property Owners Association adopted by the Board. "Common Area" means all property within the Subdivision not designated as a Lot been accepted for maintenance by the Property Owners Association, "Covenants" means the covenants, conditions, and restrictions contained in this Declaration, "Easements- means Basements within the Property for utilities, drainage, and other purposes as shown an the Plat or of record. "Dedicatory Instruments" means this Declaration and the Bylaws, any rules of the Property Owners Association, and any standards of the ACC. "Lot" means each tract of land designated as a lot on the Plat, excluding lots that are part of the Common Area, but include Lots that are in what was known as Future Development. "Member" means Owner. "Owner" means every record Owner of a fee interest in a Lot, "Plat" means a 2.370 70 acre tract designed as Woodpark Addition, Unit 1 in the city of Beaumont, Jefferson County, Texas and a 6.135 acre tract of land designated as "Future Development" which plat is recorded in Volume 12, Page 8, Max Record of Jefferson County, Texas. "Residence" means a detached building designed for and used as a dwelling by a Single Family and constructed on one or more Lots. "Single Family" means a group of individuals related by blood, adoption, or marriage or a number of unrelated roommates not exceeding the number of bedrooms in a Residence. "Structure" means any improvement on a Lot (other than a Residence), including a sidewalk, driveway, fence, wall, tennis court, swimming pool, outbuilding, or recreational equipment. "Subdivision" means the Property covered by the Plat and any additional property made subject to this Declaration. "Vehicle" means any automobile, truck-, motorcycle, boat, trailer, or other wheeled conveyance, whether self-propelled or towed. Clauses and Covenants A. Imposition of Covenants 1, The Declaration of Covenants dated February 19, 1975 are filed and recorded at Volume 1870, Page 26' :) of the Deed Records of Jefferson County, Texas and Supplementary Declarations dated February 17, 1976 filed at the Deed Records of Jefferson County, Texas imposed Covenants on the Subdivision. All Owners and other occupants of the Lots by their acceptance of their deeds, leases, or occupancy of any Lot agreed that the Subdivision is subject to the Covenants, 1 The Covenants are necessary and desirable to maintain a uniform plan for the continued use of the Subdivision for the benefit of all Owners. The Covenants run with the land and bind all Owners, occupants, and any other person holding an interest in a Lot, 3. Each Owner and occupant of a Lot agreed to and do agree with the Dedicatory Instruments, as now in existence or as may exist in the future, and agree that failure to comply may subject the Owner to an action for amounts due plus potential lose of property through a foreclosure process for nonpayment of assessments. B. Plat and Easements 1. The Plat, Easements, and all matters shown of record affecting the Property are pail of this Declaration and are incorporated by reference. 2. An Owner may use that portion of a Lot lying in an Easement for any purpose that does not interfere with the purpose of the Easement or damage any facilities. Owners do not own any utility facilities located in an Easement. C. Use and Activities 1. Permitted Uve, A Lot may be used only for a Residence and for use by a Single Family, ?. Prohibftecl Activifies_ Prohibited activities are --- a. any activity that is otherwise prohibited by the Dedicatory Instruments; b. any illegal activity; C. any nuisance, noxious, or offensive activity; .d. any dumping of rubbish, e. any storage of— i, building materials except during the construction or renovation of a Residence or a Structure; ii. vehicles, except vehicles in a garage or Structure or operable automobiles on a driveway; or iii, unsightly objects unless completely shielded by a Structure; f any exploration for or extraction of minerals; g. any keeping or raising of animals, livestock, or poultry, except for common domesticated household pets, such as dogs and cats, not to exceed confined to a fenced yard or within the Residence; lt. any commercial or professional activity except reasonable home office use; i. the renting of a portion of a Residence or Structure; j. the drying of clothes in a manner that is visible from any street; k. the display of any sign except— i. one not more than five square feet, advertising the Lot for sale or rent; and ii. political signs not prohibited by law; 1. installing a mobile home, manufactured home, manufactured housing, motor home, or house trailer on a Lot; M. moving a previously constructed house onto a Lot; n. interfering with a drainage pattern without ACC or hoard approval; o. hunting and shooting; P. occupying a Structure that does not comply with the construction standards of a Residence; and q. conducting a garage or yard sale. D. Construction and Maintenance Standards 1. Lots a. Consolidation of Lots. All Lots within the Subdivision have single family homes constructed on the Lots. b. Subdivision Prohibited There are no Lots available for further development. G. Easemenly. No additional easements on a Lot may be granted. d. jUaintenance. Each Owner must keep the Lot, all landscaping, the Residence, and all Structures in a neat, well-maintained, and attractive condition. ?. Residences and Structures a. Aesthetic C017aPatibility. All Residences and Structures must be aesthetically compatible with the Subdivision, as determined by the Board. b. Alfaximu ni Height. NIA C. Required Area. N/A d. Location on Lot, N/A e. Garages. Each Residence must have at least a two -car garage accessed by a driveway. The garage may be a separate structure. f Danacig(,d or Destroyed Residences artd Siructtrres. Any Residence or Structure that is damaged must be repaired within the number of days approved by the Board and the Lot restored to a clean, orderly, and attractive condition. Any Residence or Stricture that is damaged to the extent that repairs are not practicable must be demolished and removed within the number of days designated by the Board and the Lot restored to a clean and attractive condition. Any subsequent construction of new Residence should be accordance with standard set by the Board or the ACG and may be authorized by this Declaration of Consent. e Y i & Fences, Walls, and Fledges. N/A h, Traffrc Sight Lines. No landscaping that obstructs traffic sight tines may be placed on any Lot. i. Sidewalks. N/A j. Landscaping. Landscaping installed must be maintained. 3, building rvIaterials far• Residences and Structures (in the event a Residence is completely destroyed and rebuilt) a. Roofs. Only composition, tile, and metal roofs may be used on Residences and Structures, unless otherwise approved by the Board. b. slit• Conditioning. Window- or wall -type air conditioners may not be used in a Residence. G' Everior F-Pralls. All Residences must have at a certain percent of their exterior walls, including exposed foundation, of stone or brick, minus windows and doors, unless otherwise approved by the Board. d. Color Changes. No change to the color of the exterior walls, trim, or roof of a Residence will be permitted, unless otherwise approved by the Board. e. Drivesiays and Sideiiialks. All driveways and sidewalks must be surfaced with concrete, unless otherwise approved by the Board. Driveways and sidewalks may not be surfaced with dirt, gravel, shelf, or crushed rock. f Lot IdentifIcation. Lot address numbers and name identification must be aesthetically compatible with the Subdivision, E. Property Owners Association 1. Establishment and Governance, The Woodpark Home Owners Association has, been established and functions els an entity. ?. Rales. The Board may adopt rules that do not conflict with law or the other Dedicatory Instruments. On request, Owners will be provided a copy of any rules, 3. Ifembership and 17oling Rights. Every Owner is a Member of the Property Owners Association. Membership is appurtenant to and may not be separated from ownership of a Lot. The Property Owners Association has one class of voting Members: a. Class '4. Class A Members are all Owners, Class A Members have one vote per Lot. When more than one person is an Owner, each is a Class A Member, but only, one vote may be cast for a Lot. P. ACC b. Class A No class B owners remain. Establishment a. Propose. The ACC is established as a committee of the Property Owners Association to assist the Property Owners Association in ensuring that all Residences, Structures, and landscaping within the Subdivision are aesthetically compatible and conform to the Dedicatory Instruments, b. Mamber. The ACG consists of at least 3 persons appointed by the Board. The Board may remove or replace an ACC member at any time. C. Term. ACC members serve until replaced by the Board or they resign. d. Ylandai-ds. Subject to Board approval, the ACC may adopt standards that do not conflict with these Dedicatory Instruments to carry out its purpose. These standards are not effective unless recorded with the county clerk. On request, Owners will be provided a copy of any standards. ?, Plan Reulel•i, a. Rc7gWi-ed Reiiie%, by f1CC. No new Residence or Structure maybe erected on any Lot, or the exterior altered, unless plans, specifications, and any other documents requested by the ACC have been submitted to and approved by the ACC. The plans and specifications must show exterior design, height, building materials, color scheme, location of the Residence and Structures depicted horizontally and vertically, and the general plan of landscaping, all in the form and detail the ACG may require. b. Pr-ocedw-es i. Complete Submission. Within 30 days after the submission of plans and specifications by an Owner, the ACC must notify the submitting Owner of any other documents or information required by the ACC, In the absence of timely notice from the ACC requesting additional documents or other information, the submission is deemed complete. ii. Deemed ffpprolral. If the ACC fails to give notice of disapproval of the plans and specifications to the submitting Owner within 15 days after complete submission, the submitted plans and specifications are deemed approved. C. .flppeal. An Owner may appeal any action of the ACC to the Board. The appealing Owner must give written notice of the appeal to the Board; mid if the appeal is by an Owner who is not the submitting: Owner, the a appealing Owner must also give written notice to the submitting Owner within 10 days after the ACC's action. The Board shall determine the appeal within 15 days after timely notice of appeal is given, The determination by the Board is final. d, Records. The ACC will maintain written records of all requests submitted to it and of all actions taken. The Board will maintain written records of all appeals of ACC actions and all determinations nude. Any Owner may inspect the records of the ACC and Board, but no Owner may inspect or copy the interior floor plan or security system design of any other Owner. e. 1\10 Liabililj? The Property Owners Association, the Board, the ACC, and their members will not be liable to any person submitting requests for approval or to any Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove any request, f. The Board may perform any function it delegates to the ACC in lieu ofthe ACC, G. Assessments I. Authority, The Property Owners Association may levy any assessments in accordance with the Declaration to promote the recreation, health, safety, and welfare of the residents in the Subdivision, to fund operating expenses of the Property Owners Association, and to improve and maintain the Common Areas. Z Personal ©bligation. An Assessment is apersonal obligation of each Owner when the Assessment accrues. 3. Creaflon of Lien. Assessments are secured by a continuing vendor's lien on each Lot, which lien is reserved by the Declarant and hereby assigned to the Property Owners Association. By acceptance of a deed to a Lot, each Owner grants the lien, together with the power of sale, to the Property Owners Association to secure Assessments. The right of Woodpark Home Owners Association are as stated in the original Declaration, as may be amended from time to time by changes to the Texas Property Code. 4. All Lots are subject to assessments, 5. Regular Assessinerlis a. Rene. Regular Assessments are levied by the Board, annually, to fund tine anticipated operating and maintenance expenses of the Property Owners Association, b. C,'haizges to Regular' .4ssessriteiits. Regular Assessments may be changed annually by the Board. Written notice of the Regular Assessment will be sent to every Owner at least thirty days before its effective date, c. Collections. Regular Assessments will be collected quarterly in advance, payable by the 15"' of January, April, July, and October. 6. Special Assessments. In addition to the Regular Assessments, the Board may levy Special Assessments for the purpose of funding the cost of any construction, reconstruction, repair, or replacement of any capital improvement on the Common Area or for any other purpose benefiting the Subdivision but requiring funds exceeding those available from the Regular Assessments. Special Assessments mast be approved by the Members. Written notice of the terms of the Special Assessment will be sent to every Owner. 7. App1•oval of'Special Asscssrrzents. Any Special Assessment must be approved by a two-thirds vote at a meeting of the Members in accordance with the Bylaws. 8. Fines. The Board may levy a fine against an Owner for a violation of the Dedicatory Instruments as may be permitted by law. R. Subordination gfLien to .Mortgages. The lien granted and reserved to the Property Owners Association is subordinate to any lien granted by an Owner against a Lot not prohibited by the Texas Constitution. The foreclosure of a superior lien extinguishes the Property Owners Association's lien as to Assessments due before the foreclosure. I0. Delii7gueiit llsscIssratetits, Any Assessment not paid as stated in the original Declaration are delinquent. H. Remedial Rights I. Late Charges and Inte1•est. A late charge of$25.00 maybe assessed for delinquent payments. Delinquent Assessments accrue interest at the rate of 5% per year. The Board inay change the late charge and the interest rate. 2. Costs, Attorney's Fees, and Expenses. If the Property Owners Association complies with all applicable notice requirements, an Owner is liable to the Property Owners Association for all costs and reasonable attorney's fees incurred by the Property Owners Association in collecting delinquent Assessments, foreclosin'the Property Owners Association's lien, and enforcing the Dedicatory Instruments. 7. Judicial E11forcement. The Property Owners Association may bring an action against an Owner to collect delinquent Assessments, foreclose the Property Owners Association's lien, or enforce or enjoin a violation of the Dedicatory Instruments. An Owner may bring an action against another Owner to enforce or enjoin a violation of the Dedicatory Instrtmhents. 4. Remedy of Violations. The Property Owners Association may levy a fine against an Owner for a violation of the Dedicatory Instruments. 5. Suspension ofRights. If an Owner violates the Dedicatory Instrun, Property Owners Association may suspend the Owner's rights under the Dedicatory Il., in accordance with law as may be in existence from time to time, G. Dar?7age to Property. An Owner is liable to the Property Owners Association for damage to Common Areas caused by the Owner or the Owner's family, guests, agents, independent contractors, and invitees in accordance with law. , i. Common Area I. Common Area Easements. Each Owner has an easement in and to the Common Area, subject to the right of the Property Owners Association to— a. charge reasonable admission and other fees for the use of recreational facilities situated on the Common Area, and if an Owner does not pay these fees, the Owner may not use the recreational facilities; b. suspend an Owner's rights to use a Common Area under the Dedicatory Instruments; C. grant an easement approved by the Board over the Common Area for utility, drainage, or other purposes; and d. dedicate or convey any of the Common Area for public purposes, on approval by a vote of two-thirds of the Members at a meeting in a accordance with the Bylaws. 2. Permitted Users. An Owner's right to use and enjoy the Common Area extends to the Owner's family, guests, agents, and invitees, subject to the Dedicatory Instruments. 3. flr7atrthorized ltiipr'oueti7ei7is ir7 Cor?7r?7on tlreCr. An Owner may not erect or alter ally Structure oil, or clear, landscape, or disturb, any Common Area except as approved by the Board_ J. General Provisions l . Term, This Declaration runs with the land and is binding in perpetuity. 2. JVo Waiver. Failure by the Property Owners Association or an Owner to enforce the Dedicatory Instruments is not a waiver. 3. Corrections, The Board may correct typographical or grammatical errors, ambiguities, or inconsistencies contained in this Declaration, provided that any correction must not impair or affect a vested property right of any Owner. 4. 4uner dnzent. This Declaration may be amended at any time by a vote of two- thirds of Owners entitled to vote on the amendment. An instrument containing the approved amendment will be signed by the Property Owners Association and recorded. 5, Co71flict, This Declaration controls over the other Dedicatory Instruments, 6, Sevei-ability. If provision of this Declaration is unenforceable for any reason, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability does not affect any other provision of this Declaration, and -this Declaration is to be construed as if the unenforceable provision is not a part of the Declaration. 7. Notices All notices must be in writing and must be given as required or permitted by the Dedicatory instruments or by law. Notice by mail is deemed delivered (whether actually received or not) when properly deposited with the United States Postal Service, addressed (a) to a Member, at the Member's last kno-wn address according to the Property Owners Association's records, and (b) to the Property Owners Association, the Board, the ACC, or a managing agent at the Property Owners Association's principal office or another address designated in a notice to the Members. Unless otherwise required by law or the Dedicatory Instruments, actual notice, however delivered, is sufficient, 1 8. This amended and restated Declaration of Restrictive Covenants has been adopted in accordance with its regulations set forth in the initial Declaration and applicable provisions of the Texas Property Code. I Woodpark Home Owners Association By Jim Simmons, Its President THE STATE OF TEXAS COUNTY OF JEFFERSON y The foregoing instrument was acknowledged before me on the Zaday of February, 2017, by Jimmy S%tnmons, President of Woodpark Home Owners Association. N ARY PUBLIC, STATE OF TEXAS Include acknowledgment, ttf41.iG1j : v PLo- h JORDAN ROMANO After recording, please return to: �, Notary Public, state or Texas Julie Hise s.I�V.+4, MY Commission Expkes � August 31, 2019 American Real Estate 6470 Phelan ' Beaumont, Texas 77706 DECLARATION - t OF COVENANTS, CONDITIONS AND RESTRICTIONS WOODPARJ, ADDITION, U14IT I THIS DECLARATION, made on the date hereinafter set forth by George J. SchaujW:,urq,'jr., hereinafter referred tp as "PeojEtipant", WITNESSETH: WHEREAS, Declarant is the owner of certain property el known, as Woodpark Addition, Unit 1, in the City of Beaumontr County -of Jefferson, State of Texas, which is more particularly described as: BEING 2.370 acres of land out of and a part of that certain 8.505 acre tract of land in the H. Williams Survey, Abstract 56, Jefferson County, Texas, as follows, to -wit: BEGINNING at a concrete monument marking the northeast corner of the 8.505 acre tract conveyed by Sybil Howth, et al to George J. Schaumburg, Jr. by deed dated May 28, 1974, recorded in Volume 1835, Page 39 of the Deed Records of Jefferson County, Texas, and being the northeast corner of the tract herein described; THENCE South 001 43' 30" East along the east line of the 8.505 acre tract and along the east line of the tract herein described for a distance of 600 feet to a concrete monument for corner, being the south- east corner of the 8.505 acre tract and being the southeast corner of the tract herein described; THENCE South 990 15' 38" West along the south line of the 8.505 acre tract and along the south line of the tract herein described -for a distance of 158.75 feet to a concrete monument for the southwest corner of the tract herein described; THENCE North 000 44' 22" West along the west line of the tract herein described for a distance of 105.00 feet to an iron pin for corner of the tract herein described; THENCE North 680 14' 22" West along the west line of the herein described tract for a distance of 17-56 feet to an iron pin for corner of the tract herein. described; THENCE North OCrO-E431 30" West along the west line of the tract herein described for a distance of 488.28 feet to a concrete monument for the northwest corner Of the tract herein described, said corner being - located in the south right-of-way line of Gladys Avenue (formerly Hall Road); THENCE North 89' 15' 38" East along the north line of the tract herein described and along the south right-of-way line of Gladys Avenue for a distance of 175.00 feet to the PLACE OF BEGINNING containing 2.370 acres of land, more or less. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting,the value and desirability of, and which shall run with, the real property and 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 Woodpark Home Owners Associationy a Texas Non -Profit Corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellerp, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall m.e&Ti and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association IM for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the don- veyance of the first lot is described as follows: Lots 10, 11 and 12 shown upon the recorded sub- division plat of Woodpark Addition, Unit t 1, which is being recorded in the Map Records.of Jefferson County, Texas contemporaiiaously with the recording of this Declaration; together with the street(s) shown upon said plat and the water and sanitary sewer systems hereinafter mentioned. Section 5. "Lot" shall mean and -refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to George J.,Schaumburg, Jr., his heirs, executors and administrators as such heirs, executors and administrators should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE11 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 located in Woodpark Addition and is designated as Woodpark Addition, Unit I'and which is more particularly described as followjEf; BEING 2.370 acres of land out of and a part of that certain 8.505 acre tract of land in the H. Williams Survey, Abstract 56, Jefferson County, Texas, as follows, to -wit: . BEGINNING_ at a concrete monument marking the northeast corner of the 3.505 acre tract conveyed by Sybil Howth, et al to George J. Schaumburg, Jr. by deed dated May 28, 1974, recorded in volume 1835, Page 39 of the Deed Records Of Jefferson County, Texas, and being the northeast corner of the -tract -herein - described; THENCE South.000 431 30" East along the east line of the 3.505 acre -tract and along the east line of the tract herein described for a distance of 600 -feet -3- I to a concrete monument for corner, being the south- east corner of the 8.505 acre tract and being the southeast corner of the tract herein described; THENCE South 89G 15' 38" West along the south line of the 8.505 acre tract and along the south line of the tract herein described for a distance of 158.75 feet to a concrete -monument for the southwest corner of the tract herein described; THENCE North 000 44' 22" West along the west line of the tract herein described for a distance of 105.00 feet to an iron pin for corner of the tract herein described; THENCE North 680 14' 22" West along the west line of the herein described tract for a distance of 17.56 feet to an iron pin for corner of the tract herein described;. THENCE North 000 431 30" West along the west line of the tract herein described for a distance of•488.28 feet to a concrete monument for the northwest corner of the tract herein described, said corner being. located in the south right-of-way line of Gladys Avenue (formerly Hall Road);. THENCE North 890 15' 38" East along the north line of the tract herein described and along the south right-of-way line of Gladys Avenue for a distance of 175.00 feet to the PLACE OF BEGIN14ING containing 2.370 acres of land, more or less; all of which real property shall hereinafter be referred to as "existing property." Section 2. Future Development. Declarant, his heirs, executors, administrators and assigns, shall bring within the scheme of this Declaration the additional properties, consisting of 6.135 acres, designated for "Future Development" on the plat recorded contemporaneously with this Declaration. The additions Provided under this section shall be made by filing of record a Supplementary Declaration of covenants, conditions and restrictions with respect to the additional property which shall extend the -scheme of the covenants. Such Supplementary Declaration shall in all respects conf6tm to the requirements and restrictions of the Cluster Housing Ordinance of the City of Beaumont, Jefferson County, Texas (Section 42-20.4 of the Code of Ordinances of the City of Beaumont, as amended). -4- Such Supplementary.Declaration may contain such compli- mentary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the existing ptoperty. Without limiting the generality of the foregoing, going,, Lots 10, 11 and 12, designatbd as Common Area in Woodpark Addition, Unit I shall be released from the covenants, conditions and restrictions applicable to Common Area under this Declaration upon the filing of a Supplementary Declaration which shall dedidate as Common Area that•property designated for "Future Common Area" on the plat contemporaneously recorded with this•Declaration. Upon the filing of such a Supplementary Declaration, Declarant shall have the right to sell such property free -of the covenants and restrictions placed upon this Common Area by this Declaration, but subject to the conditions and restrictions applicable to other Lots within woodpark Addition, Unit I. ARTICLE III PROPERTY RIGHTS Section 1. Ownez5' Basements of Enjoyment. Every owner shall have a right and easement of enjoyyment 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 rea- sonable'admission and other fees for the use of 'any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any pWblic agency, authority, or'utility for such purposes and subject to such conditions as -may be agreed to by the members. No such dedication - or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of members has been recorded. Section 2. Delegation of Use. Any owner may delegate, in accordance with the By -Laws, his right of enjoyment to the members of his family, his tenants, or contract purchasers who reside on the property, ARTICLE IV 14EMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment s;kall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership. Of any Lot Which is subject to assessment. section 2. The Association shall have two classes of voting membership: Class A. Class 2k members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote -for each Lot owned. When more than one 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 vote be cast with respect to any Lot. .. Class B. The Class B member(s) shall be the Declarant and 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 following events., whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes out- standing in the Class B membership, or (b) on January 1, 1980. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within . the Properties, hereby covenants, and each Owner of any Lot by acueptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following assessments to be established and collected as hereinafter Pxovided; (a) monthly assessments for prorata share of cert'aih utility services including water, sanitary sewer and solid waste disposal, which may be metered or assessed to the Association -7- as a unit; (b) annual assessments for a prorata share of maintenance and repairs of the Common Area; and (c) special assessments for capital improvements and extraordinary maintenance and repairs not previously estimated, which may be assessed from time to time by the Associations All assessments, together with interest, costs, and reasonable attorneys fees, shall be a charge on the land and shall be a continuing.lien upon the propertyagainstwhich each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and to provide for water, sanitary sewer, and solid waste services. Section 3. Monthly Assessments for utilities. Except as hereinafter provided,*Owners shall be assessed monthly for the prorata share of the monthly utilities metered or assessed to the Association as a unit. The monthly assessments shall be payable ten (10) days after receipt by the.Owner of notice of the Association's assessment and -his own proraza share. in addition to the monthly assessment, each Owner shall be required to maintain a X50 deposit with the Association to secure the payment of assessments. ".1 Section 4. Maximum Annual Maintenance Assessment. Until January 1 of the.year immediately following the conveyance of the first -Lot to an Owner, the maximum annual main- tenance assessment shall be Three Hundred Sixty Dollars (�360.00) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual maintenance assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a -vote of the membership. (b) From and after January.1 of the year immediately following the conveyance of.the first Lot to an Owner, the maximum annual maintenance assessment maybe increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (0) The Board of Directors may fix the annual maintenance assessment at an amount not in excess of the maximum. Section 5. Special Assessments for Capital Improvements. In addition to the annual maintenance assessments authorized above, the Association may levy, in any . assessment -year, a special assess - Mont applicable to that year only for the purpose of-defray'ing, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class- of membari3 who ate voting in parson'or by proxy at a meeting duly called for this purpose. Section 6. Notice and Quorum for -Any Action Authorized Under Sections 4 and S. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a'quorum. if the required quorum is not present, another meeting may be called'subject to the same notice requirement; and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. -No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 7. Uniform Rate of Assessment. Except as hereinafter provided, annual and special assessments for maintenance must be fixed at a uniform rate for all lots and may he cbllected on a monthly basis. Declarant shall not be responsible for the payment of assessments on unimproved Lots until three (3) months after commencement of construction upon an unimproved Lot. For purposes of this section, commencement of construction shall he construed as the date upon which a building permit is issued by the municipal authorities. Section S. Date of Commencement of Annual Maintenance* Assessments: Due Dates. The annual maintenance assessments provided for herein shall commence as to all.Lots on the earlie.c.to occur of the following: (1) the conveyance of a Lot by the Declarant to an Owner, or (2) three months following the.commencement of construction by Declarant -10- upon an unimproved Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual 'assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established.by the Board of Directors. The Associa- tion shall, upon demand, for a reasonable charge, fUrnish a certificate signed by an ofkicer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 9. Effect of Nonpayment of Assessments:. Remedies of the Association. .Any assessment not paid within ten (10) days of the due date shall bear interest from the due date at the rate Of 10 Percent per.annum. To secure the PrOmptvaymenL of the aforementlo'ned assessments, a lien is hereby created and granted for the benefit of the Association upon each Lot, and all improvements, additions, fixtures and appurtenances hereinafter' placed thereon. The Association may bring an action by law a . gainst the Owner personally obligated to pay the same, Or foreclose the lien against,the property. No Owner may waive or other- Wise escape 'liability for the assessments Provided for herein by non-use of the Common Area or abandonment of his Lot. -11- Section 10. Power of Sale. To secure and enforce the payment of said assessments, and for the auxiliary and cumulative enforcement of said lien hereinabove created, Declarant has granted, sold and conveyed and by these presents does grant, sell and convey unto Pat T. Pevton, Jr., Trustee, of Jefferson County, Texas,* and his substitutes 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 himself, his heirs, executors, administrators and assigns, to warrant and , forever defend the said premises unto the said Trustee, . his substitutes, successors and assigns forever, against the claim or claims of all persons claiming or to claim the same, or any part thereof, for and upon the following trusts, terms, covenants and agreements, to -wit; That whereas, Declarant, his heirs, executors, administrators and assigns may hereafter become justly indebted to the Association, as evidenced by the hq'reinbefore mentioned assessments. Should Declarant,. his heirs, executors, administrators and assigns do and perform all of the'covenants and.agreements herein contained and make Prompt payment of the assessments hereby secured as the same shall become due and payable, then this conveyance shall become null and void and of no further force and effect. That in the event.of default the payment of any assessment hereby secured, in accordance with the terms hereof, it shall thereupon, or any time thereafter,be the duty of the Trustee, or his successor or substitute, at the request of the Association (which request is hereby conclusively presumed) to enforce this trust and after 'advertising the time, place and terms of I -the sal:6'of the above described and conveyed property, -12- or any portion thereof, for three consecutive weeks prior to the day of sale by posting written or printed notices thereof at three public places in Jefferson County, Texas, one of which notices shall be.postea at the Courthouse door of said County, and which notices may be posted by the Trustee acting, or by any person-acting for him, to sell the above described and conveyed real property, or any portion thereof, at public auction in accordance with such notice at the Courthouse door of Jefferson County, Texas, on the first Tuesday in any month between the hours of 10:00 O'clock a.m. and 4:00 o'clock P.m.', to the highest bidder for cash, 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 411 expenses of advertising said sale and making the conveyance, and then to the Association the full amount of assessments owing, interest thereon, and reasonable attorney's fees, rendering the balance of the sales price, if any, to grantor, his heirs or assigns; and the recitals' in the conveyance to said purchaser or purchasers shall be full and conclusive evidence of the truth of I 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. It is especially agreed that, in the event of a foreclosure under the powers granted lle;.-eia the person in possession of said property shall thereupon become the tenant-at-will of the p . urch4ser at suqh foreclosure sale, and should such tenant refuse to surrender Possession of said Property upon -13- 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 thereunder. This possession shall in no wise preclude the purchaser from bringing any other legal action for the. possession of said property and the bringing of one chaiacter of action shall not preclude the other and same may be exercised separately or simultaneously. Section 11. Subordination-of.the Lien to Mortqaqes. The lien of the assessments provided for hereiri shall be subordinate to any purchase money mortgage or any constitutional mechanic's and materialman's lien contract, or any renewal or extension of same. Sale or transfer of any Lot shall not affect the assess- ment lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 12. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all Properties to the extent of.any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; except that the existence of an easement on any Lot shall not exempt such Lot from full and uniform assessment as if such easement were not located thereon; (b) all Common Area as defined in Article 1, Section 4 hereof; and (c) all property exempted from taxation by the laws of the Strite of Texas, upon the terms and to the extent of such legal ex�tption. Notwithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempted from said -assessment.. charges t.;.c Ii -ens. Section 13- Insurance. The Boars! Of Directors of the Association shall obtain and continue in effect blanket property insurance to insure the buildings and structures in the Common Areas and the Association against risks of loss Or dainagG by fire and other hazards as are covered -14- under standard extended coverage provisions, and said insurance may include coverage against vandalism. (b) The Board of Directors of the Association'shall obtain comprehensive public liability insurance in such limits as it shall deem desirable, insuring the Association, its Board of Directors, agents and employees, and each Owner, from and against liability in connection with the Common Areas. (c) Each owner shall be responsible at.his own expense and cost for his own personal insurance on the building and contents of his own residence, carport or parking space and his additions and improvements thereto, including decorations, furnishings and personal property therein, and -his personal property stored elsewhere on the Properties; and for his personal liability not covered by liability insurance for all Owners obtained as a part of the common expense. (d) All costs, charges and premiums for all insurance that the Board of Directors authorized as provided herein shall be a common expense of all owners and be a part.of the maintenance assessment. Section 14. Books and Records. Proper books and record d shall be kept with reference to all assessments, and each Owner shall at all reasonable times during business hours have access thereto. Thebooksand records shall be kept in such a manner as to separately identify the payments and assessments for utility service,maintenance. and capital improvements. NQ payment or assessment for each individual assessment account shall be transferred or debited or credited to another account. ARTICLE V1 ARCHITECTURAL CONTROL No building,'fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior. addition to or -change or alteration therein be made until the plans and specifications showing the nature, 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 representatives appointed by the Board; provided, however, that the aforementioned approval shall not be required of Declarant as to construction by Declarant upon any of the Lots in the subdivision. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thitty (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 complied with. ARTICLE VII MAINTENANCE The Association shall maintain and keep in repair 'the Common Area and all improvements thereon including.but not limited to streets, water distribution system and sanitary sewer collection system as Set Out in Article X, buildings, recreation and parking areas, and walkways. Each Lot Owner shall maintain and keep in repair his own Lot and all improvements thereon, including but not limited to the exterior Of the residence and those items set out in Artlole VIII, IX and X. -15- ARTICLE VIII PARTY WALLS .Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, toe 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 cast of restoration thereof in proportion to such use without prejudice, however, to the right o.f any such owners to,cail for a larger contribution from the others under any rul.- of law regarding liability for negligent or willful acts or omissions. Section 4-. Weatherproof4Ln_a- Notwithstanding any other provisioll 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, -17- Section 5. Right to Contribution.Runs with Land. The right of any owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such owneils successors in title. Section 6.. Arbitration. In th.- went of any dispute arising concerning a party wall, or under the proVisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. Should any party refuse to choose an arbitra-,.or within ten (10) days after -written request therefor, the Board of Directors of the Association shall select an arbitrator for the refusing party. ARTICLE IX• USE RESTRICTIONS The Lots and the; Cojmnon Area shall be occupied and used as follows: Section 1. Residuntial. Use. No Owner shall occupy or use his Lot or building thereon, or permit the same or any part thereof to be occupied or used for any purpose other than as a private residence for the Owner, his*fAmily, quests'and tc!nants. Section 2- Obstruction of Common Area.' There shall be no obstruction of the Common Area. Nothing shall be stored in the COMAnOn Area without -the prior written consent of the Board of Directors. section 3. Insurance. Nothing :;hall be done or kept in the Common Area which will increase the rate of insurance on the Common Area, witl'Out the Prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept in the.CommoA 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 nuis-ace to the other Owners. No boat, trailer, truck, camping or r�L;reational vehicle, or motorcycle shall be parked or stored in front ut any dwelling unit .for more than 48 hours. No repair work, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway or yard adjacent to a street, or in the Common Area. Section 5. Temporary e es 0 Structures. No structures �T_ U _r�s f a temporary.c.iaracter, 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, including, but without limitation, a business office, storage areas, construction yaxds, signs, model units and sales .Offices. Section 6. signs, No sign of any kind shall be displayed to public view on any Lot or building except one sign of not more than five (5) square feet in area advertising the merits of the property !:Or sale or rent. During the construction and initial sales period of the dwelling 19 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,shaft5 be permitted upon or in any Lot. Section B. 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 twu (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 DisEosal. No Lot 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 111em from public view. There is reserved in favor of the Association the determiriation of the method of garbage disposal, that is, whether it shall be through public authority or through private garbage disposal contractor(s), All incinerators or other equipment for the storage or disposal of such materials shall be kept in clean and sanitary condition. Section 10. Sewage Treatment. No sewage treatment system shall be permitted on any Lot. SWOM Section 11. Use of Common Areas. Except in the individual -yard areas appurt-criant to a residence, no planting or gardening shall be done, and no fences, hedges or walls shall be' erected or maintained Upon said Property except such as are installed in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or their designated architectural 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 said Property outside the exterior Property lines of each Lot, except as may be allowed by the Association's*Board of Directors. It is expressly acknowledged and agreed by all parties concerned that . this paragraph is for the mutual benefit of all Owners Of the Properties, and any additions thereto, 'and is necessary for the protection of said Owners. 'Maintenance, upkeep and repairs of any rearr, side, and Patio,*yard shall be the sola responsibility of the individual owner and not in any -manner the responsibility Of -1--he Association. Any cooperative 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 alld keep in repair the following equipment and lines located outside the residence: air conditioning compressor condenser, inoluding pipes and electrical lines connecting same to the residence, sanitary sewer line connecting the residence -21- I to the sanitary sewer collection system, electric power service conductors from the exterior of the building to the point of connecting to the electric Utility company's junction box or transformer, electric circuit breakers, any portion of natural gas, and/or telephone service lines located an the Lot but not maintained by the gas and/or telephone companies. An 0,11'er shall do no act nor any work that will impair the structural soundness or integrity of another residence or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other residences or their Owners. Section 13. Outside Antennas. Without prior written approval of the Board of Directors, no exterior television or radio antennas of any �3rt-shall be placed I , allowed or maintained upon,.any portion of the improvements to be located upon the Property, nor upon any structure situated upon the Property other than an aerial for a master antenna system, should any 'such master system or systems be utilized and .require ally such extorior antenna. Section 14. Aiin.%)yarice- No activity shall., be carried on upon any Lot or the Common Area which might reasonably be con.sidexud as giving annoyance to. neighbors of ordinary sensibilities and which might be calculated to reduce the desirability 6f the Property as a residential neighborhood, even though Such activity be in the nature of a hobby and not carried on for profit. ARTICLE X EASEMENTS Section 1- Construction. Each Lot and the property inr,luded in the Common Area 'shall be subject to an easement -22- for encroachments created by construction, settling and overhangs, as designed or constructed by the Declarant. Without limiting the generality of the foregoing, itis expressly recognized that the edge of a foundation may be located on a lot line. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist. in the event the structure containing two or more residences is Partiall-y or totally destroyed, and ten rebuilt, the Owners so affected agree that minor encroachments of parts of the adjacent residential units on Comition Areas due to construction shall be permitted and that a valid easement for said encroach- ment and the maintenance thereof shall exist. Section 2. Utility, Emergency and Association'. There is hereby created a blanket easement upon, across, over and under all of said property far ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephones and electricity, and a master television antenna system. By virtue of this easement, it shall be expressly permissible for the providing electrical and/or telephone company to erect and maintain the necessary poles and ) other necessary equipment on said Property and to affix and maintain electrical a nd/or telephone wir0sF. circuits, Meters arid conduits on the exterior walls of said residences. An easement is further granted to all Police, fire protection, ambulances garbage and trash collector pick-up vehicles and all similar persons to enter.upon the Common Area in the performance of their duties. Further, an easement is hereby granted Lo* the Association, its officers, agents, 8mPl0YeQS, and to any management company selected -23- by the Association to enter in -or to cross over the Common Area and any Lot to perform the duties of maintenance and repair of the residence or Common Area provided for herein. Notwithstanding anything to the contrary contained in 'this paragraph, no sewers, -electrical lines, water lines, or other Utilities may be installed or relocated on said Property except. as initially programmed and approved by the Declarant or there- after approved by Declarant or the'Association's Board of Directors. Should any utility furnishing a service need an easement by separate recordable document, Declarant shall have the right to grant such easement on said Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way affect any other recorded easement on said premises. Section 3. Underground Utilitv Services. (a) Underground Electric service. 'An underground electric distribution system will be installed to all Lots. The electric company at its own cost shall furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Safety Code) transformers, energized secondary junction boxes', underground service cable and appurtenances to the point of the electria'compa'ny meter on the customer's structure. The electric company furnishing service shall make the.necas$ary connections at all outside points of attachment and at the meter. For so long as underground service is maintained, the electric service to each Lot -shall be uniform in character and exclusively of the type known as Single Phase, 120/240 volt', three wire, 60 cycle, alternating current. -94- tea- yEece•e (b) Telephone Service. Telephone service shall be available to each Lot and Common Area. Service between the telephone company's main lines and an individual resi- dence may be by way of underground conduit and, if so, such conduit system shall be owned and maintained by the Owner, but all service wires therein shall be installed, owned and maintained by the telephone utility. Water Service. Wdter service shall be provided to each Lot by way of a water distribution system owned by the Association and connected by means of master meters to City of Beaumont mains. The distribution systein between the point of 'connection to the City of Beaumont mains and the points where the Pipe penetrates the exterior wall of each residence shall be the Property of the Asso- ciation and shall be operated and maintained by the Association. (d) Sanitary Sewer Service. Sanitary sewer service sha ' 11 be Provided co each Lot by means of a sanitary sewer collection system owned . by the Association, which sanitary sewer collection System shall be connected to City,of Beaumont sanitary sewer BY I stem for final treatment. That portion.. Of the sanitary sewer service line from the point that it connects to the collection system owned by the Association to and throughout the residence shall be owned and main- tained, by the. owner. (e) use Of E . asements. Easements for underground utility services may he crossed by driveways and walkways provided the Declarant or Builder 'Makes i pr' or - arrangements with the Utility furnishing service. Such easements for Underground services shall be kept clear Of all other improvements, including buildings, patios, or other Pavings, other than crossing walkways or driveways, and -25- neither Declar,int nor any utility company using the ease- ments shall be liable for any damage done by either of them or their assigns, their'agents, employees, or servants, to shrubbery, -trees, flowers, or other improvements of the Owner located on the land covered by said easements. ARTICLE XI GENERAL PROVISIONS Section 1. Enforcement. 'The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions., conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. P-ilure by . the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event La deemed a waiver of the right to do so thereafter. Section 2. 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 ao-,titnants and restriction's Of this Declaration shall run with and bind the land, for a term,of twenty (20) years from the date this Declaration, is recorded, after which time they shall be automatically extended for successive periods of tan (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 Ownexs, and thereafter by an instru- ment signed by nr.,t less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded. -26- 141 IN WITNESS WHERBOF, the undersigned, being the Declarant herein, has hereunto set -his hand and seal this 19th day of February a 1975, George J. Schaumburg, jr Declarant STATE OF TEXAS I COUNTY OF JEFFERSON I BefQre rne, the undersigned authority, on. this day personally appeared George J. Schaumburg, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 1.9th day of February 1975. Lzlve, . lea -1 Notary Public in dad for Jefferson County, Texas REONDA JENKINS My comthimion expires Mly, of ele— In-& SUPPLEMENTARY DECLARATION OF •GOVENANTS, qONDITIO.NS AND RESTRICTIONS .-WOODPARK ADDITION, BEAUMONTF TEXAS THE STATE OF TEY'AS COUNTY OF J9FFERS09- This is a Declaration made by George j. Schaumburg, jr. of Jefferson County, Texas and is applicable to the property herein described. RECITALS: A. George U. Schaumburg, jr o (herein referred to as "S6haumburgll or as "Declarantll)- has heretofore filed for record an instrument designated as 'Declaration of Covenants, Conditions, and Restrictions, which instrument is recorded in Volume 1870, -Page 265, at seq. of the Deed Records of Jefferson County, Texas and is herein referfed to as the "Original Declaration.,, Be Acoompany .ing the Original Declaration is a'plat which depicts .(l) a 2.370 acre tract designated as Woodpark Addition, Unit I in the City of Beaumont, Jefferson County.. Texas; and (2) a 6.135 acre tract designated as "Future Development," which plat is recorded n Volume 12, Page 8 of the Map Records of Jefferson County, Texa's. C. Schaumburg now desires to bring the 6.135 acre tract shown on the above mentioned plat .as "Future Devel'o--p--faentor and Woodpark Addition, Unit 1, as shown on such plat into an, integrated scheme of development and ownership, all as con— templated by the provisions of the Original Declaration, NOW, THEREFORE, Schabzburg hereby makes the following Declaration: The 6.135 acre tract described in Exhibit A attached (being the same Property as shown on the aforementioned plat 4s,"Future Development") is hereby designated as "Woodpark Addition, Unit 11, in the City of Beaumont Jefferson County, Texas, and a plat thereof showing lots, streets, and easements is filed contemporaneously with the filing of this Supplementary Declaration. 2. All of the covenants, conditions and restrictions as are set out in the Original Declaration shall be applicable to the property described in Exhibit A attached and shown on the accompanying plat of Woodpark Addition, Unit II, -so that such covenants, conditions and restrictions of the Original Declaration shall remain in force and shall be equally.applicable to both Unit I and Unit 11 of Woodpark Addition, except as expressly providdd to the contrary in paragraphs 3 and 4 hereof. 3. As provided in the Original Declaration, Lots 10, 11 and 12 of Woodpark Addition, Unit I (which were designated therein as I "Temporary Common Area") are hereby released from the restrictions, covenants and conditions applicable to Common Area under the Original Declaration) but said Lots 10, il and 12 shall be subject to the same restrictions, covenants and conditions as are applicable to the other lots in Woodpark Addition, Unit I and Woodpark Addition, Unit- 11. However, the other Common Area shown on the original plat of Woodpark Addition, Unit I shall remain as Common Area and shall be integrated with the ownership of the Common Area.shown on the plat of Woodpark Addition, Unit 11. 4. Thus, the permanent Common Area of Woodpark Addition, Unit I and Woodpark AcIdItionr Unit 11 is hereby declared to he that property (including streets, easements, water and sanitary Sewer SYstems) shown as "Common A-raall on the plat of UUjt I recorded in Volume 12, Page 3, Map Records, Jefferson County, Texas (excluding Lots 10, 11, and 12); and also the property shown as Common Area on the plat of Unit 11 accompanying this Supplementary Declaration. 5. The numbering of lots in Woodpark Addition, unit 11 does not duplicate the numbering of lots in.Woodpark Addition, Unit I. Accordingly, any instrument referring to a lot need not refer to either Unit I or unit 11, but the designation of or reference to a 'lot number of Woodpark Addition in Beaumont, Jefferson County, Texas shall be sufficient to identify such lot, irrespective of whether it is in Unit I or Unit II. 6. The "Common Are -all within Woodpark Addition, Units I and 11 as herein defined, is 'hereby declared to be owned by Woodpark Homeowners Association, a -Texas non-profit corporation. EXECUTED this day of, 1976. George J. s haumbi=g, jr. THE STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this clay Personally appeared Geox-ge.j. Schaumburg, Jr., known to Me to be the person whose name is subscribed to the fore- going instr�umeja-t, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this the day. of , 1976. Notary Public in and for Jefferson County, Texas VOL- 30 'bKING 6,135 acres of land out of and a part of that certain 8.505' acre tract of land in the H. Williams Survey, Abstract 56, Jeff6rson County, Texas, as follows, to -wit: BEGINNING at a concrete monument which marks the northwest corner of Woodpark Addition Unit I'and the northeast corner of the herein described tract, said concrete monument lies South 890 15, 38" West 175.00 feet from a- concrete monument marking the northeast corner of the 8.505 acre tract conveyed by Sybil Howth, et al to George J. Schaumburg, Jr. by deed dated May 28, 1974, recorded in Volume 1835, Page 39 of the Deed Records of Jefferson County, Texas; THENCE South 060 43' 30" East along the west line of Woodpark Addition Unit I and along the east line of the tract herein described for a distance of 488.28 feet to an iron pin for corner in the south line of Windwood Lane; THENCE South 680 14' 22" East along the south line of Windwood 'Lane for a distance 'of 17.56 feet to an iron pin in Windwood Lane, said Pin marks the northwest corner of Lot 12 of Woodpark Addition Unit 1; THENCE South 000 44' 22" East along the west line of Lot,12, Woodpark Addition Unit I for a distance of 105 feet to a concrete monument marking the southwest corner of Lot 12, Woodpark Addition Unit I, said corner also being the southeast corner of the herein described tract; THENCE South 890 15' 38" West along the south line of the her . ein described tract for a distance of 458.75 feet to a concrete monument marking the southwest corner of the herein described tract and lies in ,the east line of a 65 foot wide drainage easement of Jefferson County Drainage District No. 6; THENCE North 000 43' 30"West along the east line of the drainage easement and along the west line of the herein described tract for a distance of 600.00 feet to a concrete monument for the northwest corner Of the tract herein described, said corner being located in the south right-of-way line of Gladys Avenue (formerly Hall Road); THENCE North 890 15, 3811 East along the north line of the tract herein described and along the south right -Of -WAY line of Gladys Avenue fora distance of 442.5 feet to the PLACE OF BEG INNING containing 6.135 acres of land, more or less. EXHIBIT A