i a ’ ASSOCIATION, INC., a Texas nonprofit corporation formed or to be formed and its<Sysetgsbrs A And PGS ws. Co a DECLARATION OF Ce COVENANTS, CONDITIONS, AND RESTRICTIONS CANYON VIEW HOMEOWNERS ASSOCIATION, SECTION ONE (1) ane SKO SF TEXAS scone BEND COUNTY | ESSER Mo Loirlgs LTD od pecatat n, made on the date hereinafter set forth by Askley-Homes Parinership-Lp., a Texas nha ipatter referred to as “Declarant”.
Sse WITNESSETH: etn gl the owner of that certain property known as CANYON VIEW HOMEOWNERS nssaorsriOn.s SECTION ONE (1), according to the map or plat thereof (the “Plat’) recorded in Document ( G (ecEpeia Public Records of Fort Bend County, Texas, which property is more particularly dessibed ei “A” attached hereto and made part hereof for all purpases (herein sometimes retarded toate ‘Sybdhysion’), and WHEREAS, it is the desire ot BEd dan’ 16 place certain restrictions, covenants, conditions, stipulations, and reservation upon and Sattar the Pandy} ik, order to establish a uniform plan for the development, improvement, and sale of such pies zat tolnsue the preservation of such uniform plan for the benefit of both the present and fuurd.quners of ts.in said Subdivision; NOW, THEREFORE, Declarant hereby agers iim and imposes upon CANYON VIEW HOMEOWNERS ASSOCIATION, SECTION ONE rs aon . the following reservations, easements, restrictions, covenants and conditions, applicab ao | of which are for the purposes of enhancing and protecting the value, desirability and attractivene s ps id“tand, which reservations, easements, covenants, restrictions and conditions shall run with sai and.afidilebor interest therein, or any part thereof, and shall inure to the benefit of each owner thereof. an d ARTICLE | C2, DEFINITIONS C75)
ovenants, restrictions and conditions shall run with sai and.afidilebor interest therein, or any part thereof, and shall inure to the benefit of each owner thereof. an d ARTICLE | C2, DEFINITIONS C75) SECTION 1.01. “Association” shall mean and refer to CANYON a oSiner assigns. CoP a Co 1 y seo WNIDTHO Yd SY nd “> a basis a person, corporation, partnership, or any other legal entity regularly engaging in the Cofstretctio iness who is constructing improvements for an Owner.
‘ee os 1.03. “Common Area” shall mean all real property (including the improvements nee ng % the Association for the common use and enjoyment of the Owners.
SE 1.64. “ fant shall mean and refer to Ashley Homes Partnership LP., and its successors wing ingen or entities acquiring more than one (1) undeveloped Lot (as opposed to the phates OO ee fi aa Lots) from the Declarant for the purpose of development shall be deemed to be successors “Sr reo a of Declarant.
SECTION 1.05. “ all ie refer to any plot of land shown upon any recorded subdivision map of the Foose? 4 oo. —_ o SECTION 1.06. “Member” ES) r to any person or entity who holds membership in the Association. Co ; a SECTION 1.07. “Owner” shall inean and refer “the record owner, whether one or more persons or entities, of a fee simply title to any tot wit matin is + oan of the Property, including contract sellers, but excluding those having such re as, security for the performance of any obligation. ( : “> SECTION 1.08. “Property” shall mean and re certain real property comprising the | Subdivision and any additional property made subject to the terfigh f pursuant to the provisions set 3 forth herein. a a
CTION 1.08. “Property” shall mean and re certain real property comprising the | Subdivision and any additional property made subject to the terfigh f pursuant to the provisions set 3 forth herein. a a use as such, subject to the limitations as set forth therein, the streets and e fet pt thereon, and the Plat further establishes certain restrictions applicable to the Propel sit po limitation, certain minimum setback lines. All dedications, restrictions, and reservations shoo onthe “ aw Plat or a replat of the Subdivision hereafter recorded shall be incorporated herein andma m - part - a ae St 2 \ aed “> _Kereotas ereof'as if-fully set forth herein, and shall be construed as being adopted in each contract, deed, or ( fonwéjanes execute or to be executed by or on behalf of Declarant, conveying said Property or any part eto ther specifically referred to therein or not.
Ae SEC) N_2.02. EASEMENTS. Declarant reserves for public use the easements and rights-ofway Noa ree ate at of the Property for the purpose of constructing, maintaining and repairing a system ofvenainnt St ol el ier Jighting, electric power, telegraph and telephone line or lines, gas, sewers, or acter, ity Detarant sees fit to install in, across and/or under the Property.
a os .
Notwithstanding ahythitig to” the contrary contained in this Section 2.02, no sewers, electrical lines, ov waterlines, or other Son te on said Property except as initially programmed and a approved by the Declarant che erapproved by Declarant or the Associations’ Board of Directors.
oe ae Should any utility furnishing aseryiee ¢ edvered by the general easement herein provided request a Nya specific easement by separate rfoogdable cumeht, Declarant shall have the right to grant such
ae Should any utility furnishing aseryiee ¢ edvered by the general easement herein provided request a Nya specific easement by separate rfoogdable cumeht, Declarant shall have the right to grant such easement on said Property vin Se ‘withthe terms hereof. Neither Declarant nor any utility company using the easements herein re a to shall bé liable for any damages done by them or their assigns, their agents, employees, or servantgfo fore Jenlovery trees, and flowers or any other property of the.Owner on the land covered by sak] easem S.o.
SECTION 2.03. TITLE SUBJECT TO EASEM a” xpressly agreed an understood that the title conveyed by Declarant to any of the Property eo ict déed or other conveyance shall be subject to any easement affecting same for roadways or aikege wie, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone purposes. oes sf.the respective Lots shall not be deemed to separately own pipes, wires, conduits or other se ee .rdnning through their Lots which are utilized for or service other Lots, but each Owner shall en i sement in and to the we aforesaid facilities as shall be necessary for the use, maintenance and enj meh Lot.
ARTICLE III USE RESTRICTIONS ‘ (oo) a a SECTION 3.01. SINGLE FAMILY RESIDENTIAL CONSTRUCTION AND USE. No King 3na) be be =“ erected, altered, or permitted to remain on any Lot other than one detached single family Koi bea % a 3 % we ek 6 po | purposes only and not to exceed two (2) stories in height and with private off-street ( uiet teats faeilities for not less than two (2) or more than three (3) cars. As used herein, the term “single ily r6sid ial purposes” shall be deemed to be specifically prohibit, by way of illustration but without
eilities for not less than two (2) or more than three (3) cars. As used herein, the term “single ily r6sid ial purposes” shall be deemed to be specifically prohibit, by way of illustration but without imitate. se of any Lot for a duplex apartment, a garage apartment or any other apartment for any mut i Of fof any business, educational, church, professional or other commercial activity of any type; ‘provided. owe hat notwithstanding any provision contained herein to the contrary an Owner may ushig port ior of rai as a personal office for a profession or occupation, provided: (a) the fuble ge, permitted, or allowed to enter the residence or any structure or improvement upon ach pemate business therein; (b) there is nol ee i nN the community affiliated in any respect with personal office; (c) no signs ScivertiGiig 8 wr —— or business permitted; Neo (d) no on-site employed ape, qre-periitted sg (e) no offensive activity or oni j ‘st and/or odor are permitted; (f) no residential address m ‘be utiized-for advertising purposes or referenced in the business directory of a telephone book; Ps Fd (g) the outward appearance of x regideneé shall not evidence in any manner such profession or business; and NA he “ny (h) such use in all respects complies with the Jawstof the State of Texas, local ordinances, and the laws, rules and regulations of any regulato bddy or governmental agency having authority and jurisdiction over such matters, and conforms to the eg neeevalins 2 by blood, marriage, or adoption, which may include only parents, their chicFern{including foster children and wards), their dependent brothers and sisters, their de dent garth, their dependent
lated 2 by blood, marriage, or adoption, which may include only parents, their chicFern{including foster children and wards), their dependent brothers and sisters, their de dent garth, their dependent grandparents, and their domestic servants; (b) no more than two (2) niet er s living together oo as a single housekeeping unit and their children (including foster and war Se ependent brothers and sisters, their dependent parents, their dependent grandparents and their fst om s; and (c) in no event, shall any single family residence be occupied by more persons that the 2 Brust ag total number of bedrooms contained in the single family residence as originally constructed S i by two Po (2) ees C Mins 4 a wo ‘.
( the mrtin se dentia! structure (exclusive of porches, garages, and servants quarters) facilities shall be Tese't as e Thousand Two Hundred (1,200) square feet.
4 eer } the us “tho I N 3.03. MASONRY/BRICK VENEER. The construction of any residence shall involve n seventy-five percent (75%) brick veneer, stone or other masonry around the 1 ee outside Pens d floor of the building’s first floor wall area to the top of the first floor ~ window height spac baal SECTION Soscfiot DAT ERIAL. The roof of any home constructed shall be constructed or covered with asphalt Koper shingles comparable in color to wood shingles. The decision of such comparison shall estoy Ayaty ih the Architectural Control Committee. Any other type of a roofing material shall be Permitee oar at the sole discretion of the Architectural Control Committee upon written request. Ce oe 2 , SECTION 3.05. SIDEWALKS, ae oe erete” sidewalk four (4) feet wide shall be constructed
all be Permitee oar at the sole discretion of the Architectural Control Committee upon written request. Ce oe 2 , SECTION 3.05. SIDEWALKS, ae oe erete” sidewalk four (4) feet wide shall be constructed parallel to the curb two (2) feet from the- property |i line“alohg the entire front of all Lots. In addition thereto, four (4) foot wide sidewalks shall ne Sinai oat to the curb two (2) feet from the property line along the entire side of all corner ete an plans for each residential building on each of said Lots shall include plans and specifications fr(euph ste alks and same shall be constructed and completed before the main residence is occupied “ia the/ede Gha corner Lot, the front and side sidewalks shall each extend to the street curb, and shall pr vide gua agnps for the handicapped. All sidewalks shall be constructed in accordance with the requiremerits oft a governmental —— regulations relating to sidewalks.
SECTION 3.06. LOCATION OF IMPROVEMENTS UPON He Cie gas shall be fl located on any Lot nearer to the front line or nearer to the street side lin, tres nimum building setback line shown on the Plat or any replat; however, in no instance shall a b tira oa ed ed nearer to the front property line than fifteen (15) feet. The main residential structure shal b fatale ngt less iar face the front of the Lot. INTERIOR LOT LINE SETBACK — NORMAL LOT LINE PLAN: Rorésaénce < as cs soo a“ os, _Ahal bé a logated nearer than five (5) feet to an interior lot line, except that a detached garage or other ( Koni, atSessory building may be located within three (3) feet of an interior lot line. For purposes sci a
ed nearer than five (5) feet to an interior lot line, except that a detached garage or other ( Koni, atSessory building may be located within three (3) feet of an interior lot line. For purposes sci a i€ Covén énant-eaves, steps, and open porches shall not be considered as part of a residential structure.
wa “ wa CT N_ 3.07. COMPOSITE BUILDING SITE. Subject to the approval of the Architectural Control"C ittee me Owner of one or more adjoining Lots or portions thereof may consolidate or redivide diac wate Be Be p a, late one ore more building sites with the privilege of placing or constructing gpa sop in resulting sites, in which case the side setback lines shall be measured from thére restit iting’sic Ns property lines rather than from the Lot lines as indicated on the Plat.
Any such resulting buiiging/stfe mus ay beg a frontage at the building setback lines of not less than the minimum frontage of the he oe SECTION 3.08. PROBET TON’ acess ACTIVITIES. No activity, whether for profit or not, shall be carried on any ist Ma en geste i family residential purposes. No noxious or offensive activity of any sort shall be fe enmit d S nor Shall anything be done on any Lot which may be or become an annoyance or a nuisance to then neighbor, shod. ‘This restriction is waived in regard to the normal sales activities required to sell pomeg he & division and the lighting effects utilized to display model homes. No exterior speaker, hor, whistle;-Bell, or other sound device, except security devices used exclusively for security purposes, shall le ated, ised, or placed on a Lot. The Board of Directors of the Association (sometimes herein refetrad tes the “Board’) shall have the sole and
ard of Directors of the Association (sometimes herein refetrad tes the “Board’) shall have the sole and prohibited, without limitation include (1) the performance of work fi aurcmenies or other vehicles in driveways or streets abutting Lots, (2) the sue or discharge of firearms, recast, or other fireworks within the Property, (3) the storage of flammable liquids in excess (50s ns, or (4) other activities which may be offensive by reason of odor, fumes, dust, ares ie vision, vibration or SECTION 3.09. USE OF TEMPORARY STRUCTURES. No structure of ais og pollution, or which are hazardous by reason of excessive danger, fire, or explosi whether trailer, basement, tent, shack, garage, barn, or other outbuilding shall be m tainéd.or ybed on any Lot any time as a residence, or for any other purpose, either temporarily x Gerth v 6 | Cg e