os CN CA le) LO) WO ry SUPPLEMENTARY DECLARATION OF EASEMENTS, RESTRICTIONS, AND COVENANTS FOR PHASES IA, IB, AND IC, OF | THE PEBBLE CREEK DEVELOPMENT a ee l.
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TABLE OF CONTENTS DEFINITIONS ) P .1 Association 2 Board 3 Commercial Builder 4 Common Area .5 Community 6 Declarant 7 Declaration 8 Golt Course Lot .9 Governing Documents -10 Improvements -il = Lot -12 Member -13 Notice Owner 15 Reimbursement Assessment -l16 Pebble Creek Development .l?) Supplementary Declaration .18 Unimproved Lot ~i9 Unit BJECT PROPERTIES 2.4 Existing Properties .2 Annexation by Supplementary Declaration.
SE RESTRICTIONS 1 Single-Family Residential Construction.
.2 Designation ot Lot Types.
3 4 5 Composite Building Site.
We & wwe VNc ber ER Re Re Pr ee ee ee .. > Removal ot ‘Trees, ‘i'rash and Care ot Lots and Units During Construction ot Residence.
6 Masonry Requirements.
/ Carports.
-8 Walls, Fences and Hedges, 9 Visual Obstruction at the Intersections ot Streets.
.10 Air Conditioning Requirements.
-l1 Prohibition of Oftensive Activities.
.12 Use of Temporary Structures.
.13 Storage of Vehicles or Equipment.
.14 Animal Husbandry.
.15 Lot and Unit Maintenance.
.16 Signs, Advertisements, Billboards.
Maximum Height ot Antenna.
.18 Wind Generators.
-19 Solar Collectors.
.20 Swimming Pools.
.2L Drying ot Clothes in Public View.
.22 Garage and Garage Doors, .23 Control ot Sewage Ettluent.
.24 Residences and Improvements Damaged by Fire or Other Casualty.
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.25 Vehicles Permitted to Use Roads and Streets.
3 3.26 Boats Prohibited on Lakes.
3.27 Swimming Prohibited in Lakes.
3.28 Landscaping.
3.29 Rooting.
3.30 Driveways.
3.31 Lighting.
3.32 Minimum Slab Elevation.
3.33 Rental and Leasing.
3.34 Unfinished Rooms.
3.35 Variances.
3.36 Dish Antennae.
ROPERTY MAINTENANCE REGULATION
andscaping.
3.29 Rooting.
3.30 Driveways.
3.31 Lighting.
3.32 Minimum Slab Elevation.
3.33 Rental and Leasing.
3.34 Unfinished Rooms.
3.35 Variances.
3.36 Dish Antennae.
ROPERTY MAINTENANCE REGULATION 4.1 Exterior Maintenance of Improvements.
4.2 Entry Rights.
5. EASEMENTS 5.1 Easements.
5.2 Title Subject to Easements.
5.3 Utility Easements 6. ANNEXATION OF ADDITIONAL LAND Further Development.
Obligation to Grant Reciprocal Rights.
Ailocation ot Expenses.
Authority ot the Soard.
Annexable Land.
DaAnnn CO he NE a 12>5ecO 94 Location ot the Improvements upon the Lot or Unit.
Easements and Rights Presently Reserved.
1. G .
N Peet ar bk wD cz ell 13 15 16 SRAL PROVISIONS SEVERABLLIYY.
Term.
Resubdivision.
Amendment by Members.
Amendment by the Declarant.
Declarant's Rights and :ierog: = es.
Disclaimer tor Errant Gott Bal G.
Gender.
Headings.
Declarant's Rights t> Comp! ete Development ot Cotiuuity.
Declarations Constiued Together.
Persons Entitled to Entorce Supplementary Declaration.
Violations of Law.
Costs and Attorney's Fees.
No Representations or Warranties.
Limitation on Liability.
1 12? Fra 33 SUPPLEMENTARY DECLARATION OF EASEMENTS, RES'RICTIONS, AND x UNITED STATES OF AMERICA x COVENANTS FOR PHASES 1A, x x * COUNTY OF BRAZOS 1B, AND 1C OF THE PEBBLE CREEK DEVELOPMENT STATE OF TEXAS j This Supplementary Declaration is made as ot the ft 4, ot December, 990 by Pebble Creek Development Company, a Texas Corporation, hereinatter reterred to as the “Declarant", represented herein by its Vice President, A. P. Boyd. ‘he address ot the Declarant is 2108 Southwood Drive, College Station, Texas 77840.
WHEREAS, Declarant declares that it is the owner of certain real Property situated in Brazos County, Texas, described as set torth on
e Declarant is 2108 Southwood Drive, College Station, Texas 77840.
WHEREAS, Declarant declares that it is the owner of certain real Property situated in Brazos County, Texas, described as set torth on Exhibit "A" annexed hereto and made a part hereot (said property being hereinafter sometimes reterred to as the “Exhibit A Property"); and WHEREAS, Declarant has recorded the "Declaration" (as hereinatter detined) in the Records ot the County Clerk of Brazos County, Texas, subjecting the Exhibit "A" Property to all ot the terms and conditions ot the Declaration: and WHEREAS, Declarant turther declares that it desires that the Exhibit A Property, together with other real property in the same general area which may subsequently be associated with the Exhibit A Property tor a similar purpose, be owned, held, sold, conveyed, transferred, leased, mortgaged, occupied, maintained, altered and improved subject to certain reservations, restrictions, covenants, charges, liens, and easements as part of a general scheme ot development of such properties as a planned residential community accommodating a mix of single tamily residential dwellings pursuant to a common and general plan tor the benefit of Declarant and subsequent owners and occupants ot such properties in order to protect and enhance the quality. value and desirability thereot: and NOW THEREFORE, Declarant turther declares that the Exhibit A Property shall be held, transterred, sold, conveyed, leased, occupied and used subject to the tollowing reservations, restrictions, covenants, charges, liens, and easements which are tor the purpose ot protecting the value and desirability ot and which shall run with title to the real property made subject to this Declaration and this Supplementary Declaration, and which
which are tor the purpose ot protecting the value and desirability ot and which shall run with title to the real property made subject to this Declaration and this Supplementary Declaration, and which shall be binding on all parties having any right, title or interest in the immovable property made subject to this Declaration or any portion thereot, and their respective heirs, successors, successors-in-titles, assigns, and shal) inure to the benetit ot each owner thereot and where provided herein, shall benefit the property on which the Pebble Creek Development is located.
1. DEFINITIONS: As used herein, the tollowing terms shall have the following meanings: 1.1 Association shall mean that automatic membership, Texas non-profit corporation made up of those persons defined as "Owners" in the Declaration, and called the Pebble Creek Development Owners Association, Inc.
1.2 Board shall mean the Board of Directors of the Association.
_ 1.3 Commercial Builder shall mean the Owner ot an unimproved Lot who holds title for the purpose ot building improvements thereon, and the subsequent sale or rental tor occupancy.
1.4 Common Area shall mean all real property (including but not limited to the improvements and persona) property thereon and assessments) owned, held or maintained by the Association for the common use and enjoyment of the Owners and occupants of Lots and Units.
1.5 Community shall mean Phases IA, IB, and IC of the Pebble Creek Development according to the plats (collectively, the "Plat”) of such 0. 12? Fcc 095 FA , Zosin the Office of the County rom time to time.
subdivision recorded in Volume|224 , Paqes Clerk ot Brazos County, Texas, as amended 1.6 Declarant shall mean Pebble Creek Development Company and its
Zosin the Office of the County rom time to time.
subdivision recorded in Volume|224 , Paqes Clerk ot Brazos County, Texas, as amended 1.6 Declarant shall mean Pebble Creek Development Company and its successors and assigns. A person or entity shall be deemed a successor and assign ot Pebble Creek Development Company, as Declarant only if such person or entity is specitically designated in a duly recorded instrument as a successor and assign of Declarant under this Declaration, and shall be deemed a successor and assign ot Declarant only as to the particular rights or interests ot Declarant under this Declaration which are specifically designated in such written instrument. However, a successor to Pebble Creek Development Company, by consolidation or merger shall automatically be deemed a successor or assign ot Pebbie Creek Development Company, as Declarant under this Declaration.
1.7 Declaration shall mean (1) that certain Declaration ot Easements, Restrictions, and Covenants tor The Pebble Creek Development recorded in Volumel2<5 ,Page COL in the Office of the County Clerk of Brazos County, Texas, and (11) any amendments thereto, including any Supplementary Declarations imposing restrictions, easements, or covenants against this Community.
1.8 Golt Course Lot shail mean and reter to the Lots adjacent to the golt course ot the Pebble Creek Development.
1.9 Governing Documents shall mean (i) in the case ot the Association, the Declaration, the Supplementary Declarations, if any, other than this Supplementary Declaration, and the Articles of Incorporation and by~Laws ot the Association, as the same may be amended trom time to time and filed of record, it applicabie, and (i1) 1n the case ot the Community,
y Declaration, and the Articles of Incorporation and by~Laws ot the Association, as the same may be amended trom time to time and filed of record, it applicabie, and (i1) 1n the case ot the Community, this Supplementary Declaration as the same may be amended trom time to time and filed ot record, it applicable. In the event ot contlict or inconsistency between an Association Governing Document and a Community Governing Document, the Association Governing Document shall control to the extent permitted by Law. If, however, a Community Governing Document is more restrictive than an Association Governing Document with respect to the permitted use ot Lots or Units, then the Community Governing Document shall control. One Governing Document's lack of a provision in respect of a matter tor which provision 1s made in another Governing Document shal} not be deemed a contlict or inconsistency between such Governing Documents.
1.10 Improvements’ shall mean all structures and any appurtenances thereto of every type or kind, including, but not limited to, buildings, out-buildings, swimming pools, patio covers, awnings, painting of any exterior surtaces otf any visible structures, additions, walkways, bicycle trails, sprinkler pipes, garages, carports, roads, driveways, parking areas, screening, walls, retaining walls, stairs, decks, tixtures, Windbreaks, poles, signs, exterior tanks, solar, solar energy equipment, exterior air conditioning tixtures and equipment, water softener tixtures, exterior lighting, recreational equipment and facilities, and landscaping which is visible from land within the Pebble Creek Development, other than the Lot, Unit or land within the Pebble Creek Development on which the landscaping is located.
nd facilities, and landscaping which is visible from land within the Pebble Creek Development, other than the Lot, Unit or land within the Pebble Creek Development on which the landscaping is located.
1.11 Lot shall mean a lot or parcel of land in the Community with the exception of Common Area, as shown upon the latest recorded subdivision plat.
1.12 Member shall mean an Owner of a Lot or Unit in the Community who is accordingly a member of the Association.
1.13 Notice shall mean the form of notice provided by law, from time to time, for meetings of members of Texas non-profit corporations; provided that, if more than one Member is the Owner of a Lot or Unit, notice to one such Owner whose designation by the other Owner ot such Lot or Unit for that purpose has been given to the Association (with the most recent notification controlling) shall constitute notice to all such Owners.
1.14 Owner shall mean the Person, including the Declarant, or if more than one, all Persons collectively, who hold fee simple title of record to a Lot or Unit in the Pebble Creek Development, including sellers under executory contracts of sale and excluding buyers thereunder.
1.15 Reimbursement Assessment shall mean the assessment levied against an Owner by the Association pursuant to Section 8.16 of the Declaration.
. 1.16 Pebble Creek Development shall mean all of the real property which 1s currently subject to the Declaration and any other real property which hereatter becomes subject to the Declaration.
1.17 Supplementary Declaration shall mean this instrument, as the same may be amended from time to time and tiled ot record.
1.18 Unimproved Lot shall mean a Lot upon which no building has been substantially completed for use.
tion shall mean this instrument, as the same may be amended from time to time and tiled ot record.
1.18 Unimproved Lot shall mean a Lot upon which no building has been substantially completed for use.
1.19 Unit sha}] mean (1) a Lot improved by a single tamily dwelling, or (11) a portion ot a building designated tor separate ownership having delineated boundaries and located on an improved Lot, or (iii) a portion of an Unimproved Lot which at a given time has delineated boundaries tor separate ownership.
2. SUBJECT PROPERTIES: 2.1 Existing Properties. The real property which, as otf the date ot this Supplementary Declaration, is and shall hereatter be owned, held, transterred, sold, conveyed, teased, mortgaged, used, occupied, maintained, altered and improved subject to this Supplementary Declaration is the Exhibit A Property. This Community is subject to the jurisdiction ot a We Community Association" (as detined in the Declaration).
2.2 Annexation by Supplementary Declaration. “Annexable Land" (as detined in the Declaration) shall become part of this Community, ettective upon the recordation in the Ottice ot the County Clerk ot Krazos County, Vexas, a Supplementary Deciaration meeting the requirements hereinatter set torth, pursuant to the provisions ot Section 6.i. <A Supplementary Declaration (a) shali be executed and acknowledged by the Owner(s) of the Annexable Land described therein; (b) shall, if the Annexable Land is not then owned by Declarant, contain the executed and acknowledged written consent of the Declarant tor so long as the Declarant owns any property within the Annexable Land and has the power to annex additional property into the Community; (c) shall contain an adequate description of such
Declarant tor so long as the Declarant owns any property within the Annexable Land and has the power to annex additional property into the Community; (c) shall contain an adequate description of such Annexable Land; (d) shall contain a reference to this Supplementary Declaration (and any amendments thereto) which shal] state its date of recordation and recording information; (e) shall state the land classification (residential, commercial or other classification) of such Annexable Land is declared to be part of the Community under this Supplementary Declaration and that such Annexable Land shall be subject to this Supplementary Declaration; and (g) shall state whether such Annexable Land is or is not subject to the jurisdiction of a "Community Association" (as detined in the Declaration). Additionally, such Supplementary Declaration may provide tor phased annexation so that portions ot such Annexable Land may be made subject to this Supplementary Declaration at ditterent times. A deed by which Declarant conveys a parcel ot property, including property comprising Common Area to another person, may constitute a Supplementary Declaration if it meets the toregoing requirements, as applicable. A Supplementary Declaration may impose upon such Annexable Land described therein covenants, conditions, restrictions, limitations, reservations, exceptions and easements in addition to the provisions set torth in this Supplementary Declaration, taking into account the unique and particular aspects of the proposed development of such Annexable Land; provided, however, in no event shall any Supplementary Declaration revoke, modify or amend the covenants or restrictions established by this Supplementary Declaration or any other supplementary declaration for any
ever, in no event shall any Supplementary Declaration revoke, modify or amend the covenants or restrictions established by this Supplementary Declaration or any other supplementary declaration for any other property comprising a part of the Community or revoke (so as to terminate) the provisions of the covenants or restrictions established by this Supplementary Declaration as to such Annexable Land.
This Supplementary Declaration is hereby established as part of, pursuant to and in furtherance of a common and general plan of the Declaration tor the improvement and sale ot land within this Community and tor the purpose ot enhancing and protecting the value, desirability and attractiveness ot this Community. Declarant, tor itselt, its successors and assigns, hereby declares that the Community and each part thereot shall be know, held, transterred, conveyed, sold, leased, rented, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, and other provisions set torth in the Declaration and this Supplementary Declaration, tor the duration thereot.
3. USE RESTRICTIONS The Lots and Units within this Community shall be held, used and enjoyed subject to the restrictions set torth in the Declaration, including, without limitation, the architectural contro) provisions of the Declaration, except for the exemptions of the Declarant set forth in the Declaration, and to the restrictions stated in this Article 3. To the extent that any of the tollowing restrictions are more restrictive than any Similar restrictions in the Declaration, the restrictions in this Supplementary Declaration shall control.
3.1 Single-Family Residential Construction. No building shall be
re more restrictive than any Similar restrictions in the Declaration, the restrictions in this Supplementary Declaration shall control.
3.1 Single-Family Residential Construction. No building shall be erected, altered, or permitted to remain on any Lot or Unit other than one detached single tamily dwelling used tor residential purposes only and not to exceed two and one halt (2 1/2) stories in height and a private garaqe (or other approved covered or enclosed parking tacility) and other bona fide servant's quarters; provided, however, that the servant's quarters structure will not exceed the main dwelling in height or number of stories.
Except as hereinatter provided with respect to model homes, each residence shall have a tully enclosed garage tor not less than two (2) cars, which garage is availiable for parking automobiles at all times without any modification being made to the interior ot said garage. The garage portion ot any mode! home may be used by Builders tor sales purposes, storage purposes and other related purposes. Upon (or prior to) the sale ot said model home to the tirst purchaser thereot, the garage portion ot the model home shal! be converted to a tuily enclosed garage with garage doors. As used herein, the term "residential purposes” shall be construed to prohibit mobile homes or trailers being placed on said Lots or Units, or the use of said Lots or Units tor duplex houses, condominiums, town houses, garage apartments, or apartment houses; and no Lot or Unit shall be used for business, educational, religious or professional purposes ot any kind whatsoever, nor tor any commercial or manufacturing purposes. No permanent structure ot any kind or character shall ever be moved onto any Lot or Unit within said Development.
nal purposes ot any kind whatsoever, nor tor any commercial or manufacturing purposes. No permanent structure ot any kind or character shall ever be moved onto any Lot or Unit within said Development.
Except as otherwise provided in Section 3.12, no portable buildings of any type or character shall be moved or placed upon any Lot or Unit. Prior to the commencement of the construction of any Improvements within the Community, such Improvements ot every type and character, whether attached to or detached trom the main residential structure or garage constructed on the Lots, must be approved by the Pebble Creek Architectural Control Committee ("Architectural Committee") in accordance with the provisions of the Declaration.
All garages shall open to the side or to the rear ot the Lot upon which it is built except that a garage may open to the front ot the Lot if (i) the tront of the garage is set back at least torty feet (40") from the tront of the main residential structure or (ii) the Lot is located on a cul de sac where the Lot has less than forty teet (40") of width across the tront building line (unless otherwise approved by the Architectural Committee).
3.2 Designation of Lot Types. The dwelling units constructed within the hereinatter desiqnated sections of this Community shal! conform to the minimum square footage requirements and set back requirements outlined herein.
A. Phase IA 1. Dwelling units shall have a minimum square footage of 2,400 square feet. If a dwelling unit is more than one story in height, a Minimum of 1,560 square feet shall be on the ground floor.
2. Lots one and twelve have this set back requirement: front 30', North side 7.5', South side 20', rear 30°.
3. Lots two through four have these set back requirements: tront 30’, side 7.5', rear 30’ t
2. Lots one and twelve have this set back requirement: front 30', North side 7.5', South side 20', rear 30°.
3. Lots two through four have these set back requirements: tront 30’, side 7.5', rear 30’ t 4, Lots tive and eight have these set back requirements: tront 25', Side 7.5‘, rear 30°.
5. Lots six, seven, and nine through eleven have these set back requirements: tront 30', side 7.5', rear 30' B. Phase IB 1. Dwelling units shall have a minimum square tootage ot 2,800 square feet. It a dwelling unit is more than one story in height, a Minimum of 1,820 square teet shail be on the ground floor.
2. Lots one and tour have this set back requirement: front 40', North side 10',South side 20', rear 40°.
3. Lots two and three have this set back requirement: front 40', side 10‘, rear 40'.
C. Phase IC 1. Lot one shall have a dwelling unit with a minimum square tootage of 2,600 square feet. It a dwelling unit is more than one story in height, a minimum ot 1,690 square feet shal! be on the aground tloor.
Lot one has this set back requirement: tront 40‘, side 10' except that the North side shall be 20', rear 40' 2. Lots two through eight shall have dwelling units with a minimum square tootage ot 2,600 square teet. It a dwelling unit is more than one story in height, a minimum of 1,690 square feet shall be on the ground tloor.
Lots two throuqah eight have this set back requirement: tront 40', side 10‘, rear 40'.
3. Lots nine and ten shall have dwelling units with a minimum square footage of 2,600 square teet. If a dwelling unit 1s more than one story 1n height, a minimum ot 1,690 square teet shall be on the ground tloor.
Lots nine and ten have this set back requirement: front 25', side 10', rear 40°.
4. Lots eleven and twelve shall have dwelling units with a
a minimum ot 1,690 square teet shall be on the ground tloor.
Lots nine and ten have this set back requirement: front 25', side 10', rear 40°.
4. Lots eleven and twelve shall have dwelling units with a minimum square tootage otf 2,600 square teet. If a dwelling unit is more than one story in height, a minimum ot 1,690 square teet shall be on the ground floor.
Lots eleven and twelve have this set back requirement: tront 25', side 10', rear 25°.
5. Lots thirteen through twenty shall have dwelling units with a minimum square tootage ot 2,800 square teet. If a dwelling unit is more than one story in height, a minimum ot 1,820 square teet shall be on the ground ftlioor.
Lots thirteen through twenty have this set back requirement: tront 40‘, 10', 40°.
6. Lot twenty one shall have a dwelling unit with a minimum square tootage ot 2,800 square teet. If a dwelling unit is more than one story in height, a minimum of 1,820 square teet shall be on the ground tloor.
Lot twenty one has this set back requirement: tront 40, side 10' except that the North side shall be 20‘, rear 40°.
On all corner lots, the main residential structure and garage may not front on Pebble Creek Parkway.
3.3 Composite Building Site. Any Owner of one or more adjoining Lots or Units (or portions thereof) may, with the prior written approval of the Architectural Committee, consolidate such Lots or Units or portions into one building site, with the privilege of placing or constructing Improvements on such resulting site, in which case the side set-back lines shall be measured from resulting side property lines rather than from the Lot or Unit lines as indicated on the Plat. Any such composite building site must have a trontage at the building set-back line of not less than
from resulting side property lines rather than from the Lot or Unit lines as indicated on the Plat. Any such composite building site must have a trontage at the building set-back line of not less than the minimum frontage of all Lots in the same block. In addition, the side lot utility easement, if applicable, must be abandoned or released in accordance with applicable law, and the Owner shall be responsible for the cost of relocating any utility lines and restoring the surtace of any abandoned or relocated utility easements. Upon such abandonment or release and upon the receipt of written approval of the Architectural Committee, such resulting composite building sites shall thereupon be regarded as one (1) “Lot" tor all purposes hereunder. Any such composite building site (or building site resulting trom the remainder of one or more Lots having been consolidated into a composite building site) must contain not less than 10,000 square teet, except as otherwise prov 1 by the Board.
3.4 Location of the Improvements upm - Lot or Unit. No residential structure or any other Improv: « shall be located on any Lot nearer to the tront, rear, side or stree’ de Lot building line shown on the Plat or nearer to the property line n the minimum building set-back lines described in Section 3.2. For p 23 of this Declaration, steps, screened porches (covered or uncovered) orage rooms, stoops, and servants’ quarters, shall be considered part ot a residential structure or other Improvement. This covenant st. not be construed to permit any portion of a building foundation on ai. to encroach upon an easement.
The main residential structure on any l«t shall tace the tront ot the Lot, except as otherwise approved in writing by the Architectural Committee.
lding foundation on ai. to encroach upon an easement.
The main residential structure on any l«t shall tace the tront ot the Lot, except as otherwise approved in writing by the Architectural Committee.
3.5 Removal ot ''rees, Trash and Care ot Lots and Units During Construction ot Residence.
A. Unless located within ten teet (10') ot a building or a recreational or parking facility, no Owner other than Declarant shall be entitled to cut, remove or mutilate any trees, shrubs, bushes or other vegetation having a trunk diameter ot six (6") inches or more at a point ot tour teet (4') above ground level, without obtainina the prior written approval ot the Architectural Committee, provided that dead or diseased trees which are inspected and certified as dead or diseased by the Architectural Committee or its representatives, as well as other dead or diseased shrubs, brushes, or other vegetation, shal! be cut and removed promptly trom any Lot, by the Owner ot such Lot.
K. Subject to the provisions of Section 3.5(A), above, al) Owners, during their respective construction of a residence, are required to remove and haut trom the Lot or Unit ali tree stumps, trees, limbs, branches, underbrush and all other trash or rubbish cleared from the Lot or Unit tor construction ot the residence, construction ot other improvements and landscaping. No burning is allowed on the Lot or Unit (unless written permission 1S granted theretor by the Association which permission may be withheld or withdrawn at any time and trom time to time in the sole discretion ot the Association) and no materials or trash hauled trom the Lot or Unit may be placed elsewhere in the Pebble Creek Development or on land owned by Declarant whether adjoining the Pebble Creek Development or not.
tion) and no materials or trash hauled trom the Lot or Unit may be placed elsewhere in the Pebble Creek Development or on land owned by Declarant whether adjoining the Pebble Creek Development or not.
C. All Owners, during their respective construction ot a residence, are required to continuously keep the Lot or Unit in a reasonably clean and organized condition. Papers, rubbish, trash, scrap, and unusabie building materials are to be kept picked up and hauled trom the Lot or Unit. Other usable building materials are to be kept stacked and organized in a reasonable manner upon the Lot or Unit.
D. All Owners shall keep streets and street ditches tree trom trash, materials, and dirt. Any such trash, materials, or excess dirt or fill inadvertently spilling or getting into the streets or street ditch shal! be removed, without delay, not less frequently than daily.
E. No Owner or Contractor may enter onto a Lot or Unit adjacent to the Lot or Unit upon which he is building for purposes ot ingress and egress to his Lot or Unit during or atter construction, unless such adjacent Lot or Unit is also owned by such Owner, and all such adjacent Lots or Units shall be kept free of any trees, underbrush, trash, rubbish and/or any other building or waste materials during or after construction of Improvements by the Owner of an adjacent Lot or Unit.
3.6 Masonry Requirements. Without the prior approval of the Architectural Committee, no residence shall have less than seventy five percent (75%) masonry construction or its equivalent on its exterior wall area, except that detached garages, if approved by the Architectural Committee in its sole and exclusive discretion, may have wood or other siding of a type and design approved by the Architectural Committee.
cept that detached garages, if approved by the Architectural Committee in its sole and exclusive discretion, may have wood or other siding of a type and design approved by the Architectural Committee.
3.7 Carports. No carports shall be erected or permitted to remain on any Lot or Unit without the express prior written approval of the Architectural Committee.
3.8 Walls, Fences and Hedaes. The tollowing restrictions shall apply to tences constructed on the Lots described below: A. Golt Course Lots. Between the rear building set-back line and rear property line, no wall, tence, planter or hedge with a solid base may be erected, planted or maintained except tor that which shall be approved in writing by the Architectural Committee. A fence ot a standard design not exceeding six feet (6') in height, as approved in writing by the Architectural Committee, that would not unreasonably obstruct the view of the Golt Course by adjacent property Owners may be constructed between the tront building set-back line and the rear property line.
. B. Ali Other Lots: A decorative tence not exceeding six feet (6') in height, as approved by the Architectural Committee, may be constructed.
3.9 Visual Obstruction at the Intersections ot Streets. No planting or object which obstructs siqht lines at elevations between two feet (2') and six feet (6') above the roadways within the triangular area tormed by the intersecting street property lines and a line connecting them at points twenty-tive feet (25') trom the intersection ot the street property tines or extension thereot shail be placed, planted or permitted to remain on any corner Lots.
3.10 Air Conditioning Requirements. No window or wall type air conditioning units shall he permitted to be used, erected, placed or
shail be placed, planted or permitted to remain on any corner Lots.
3.10 Air Conditioning Requirements. No window or wall type air conditioning units shall he permitted to be used, erected, placed or maintained in or on any building in any part otf the Community.
3.11 Prohibition of Ottensive Activities. Without expanding the permitted uses ot the Lots and Units, no activity, whether tor protit or not, shall be conducted on any Lot or Unit which is not related to residential purposes. No noxious or ottensive activity ot any sort shal] be permitted nor shall anything be done on any Lot or Unit which may he or may become an annoyance or a nuisance (including, without limitation, defective or unreasonably loud security or tire alarm devices) to the Pebble Creek Development. ‘This restriction is waived in regard to the customary sales activities required to sell homes in the Pebble Creek Development. No horn, whistle, bell or other sound device, except security and tire devices used exclusively tor security and tire purposes, shall be located, used or placed on a Lot or Unit. Exterior speakers may be located, used or placed on a Lot or Unit provided that the use ot such exterior speaker does not constitute a nuisance or annoyance. The Board shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance. Activities expressly prohibited, include, without limitation, (1) the pertormance ot work on automobiles or other vehicles upon the Lot or Unit or in driveways or streets abutting Lots or Units, (2) the use or discharge ot firearms, tirecrackers or other tireworks within the Community, (3) the storage of tlammable liquids in excess ot five gallons, or (4) other activities which may be otfensive by reason of odor,
rge ot firearms, tirecrackers or other tireworks within the Community, (3) the storage of tlammable liquids in excess ot five gallons, or (4) other activities which may be otfensive by reason of odor, tumes, dust, smoke, noise, vision, vibration or pollution, or which are hazardous by reason ot excessive danger, fire or explosion.
As indicated above, no Lot or Unit in the Community shall be used tor any commercial, educational, manutacturindg, business or protessional purpose nor tor church purposes. The renting or leasing of any residential dwelling is subject to the provisions of Section 3.33.
No Lot or Unit or other portion of the Community shall be used or permitted tor hunting or tor the discharge of any pistol, rifle, shotgun, or any other tirearm, or any bow and arrow or any other device capable of killing or injuring persons.
3.12 Use_ot Temporary Structures. No structure of a temporary character, whether trailer, basement, tent, shack, qarage, barn or other outbuilding shall be maintained or used on any Lot or Unit at any time as a residence, or for any other purpose, either temporarily or permanently; provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions of the Community as in its sole discretion may be necessary or convenient while selling Lots or Units, selling or constructing residences and constructing other Improvements within the Community. Such facilities may include, but not necessarily be limited to sales and construction ottices, storage areas, model units, signs, and portable toilet tacilities. Commercial-Builders and Contractors may, with the prior written approval ot the Architectural Committee, exercise the rights reserved by Declarant in this Section 3.12.
and portable toilet tacilities. Commercial-Builders and Contractors may, with the prior written approval ot the Architectural Committee, exercise the rights reserved by Declarant in this Section 3.12.
3.43 Storage ot Vehicles or Equipment. No motor vehicle or nonmotorized vehicle (inciuding, without limitation, trucks and recreational vehicles), boat, trailer, camper, marine cratt, Machinery or equipment of © any kind may be parked or stored for longer than ten (10) hours or on a semi-permanent or daily basis on any part ot any Lot or Unit, private or public road or street, easement, right-of-way, or Common Area unless such vehicle or object (i) is completely concealed trom public view inside a garage or approved enclosure or (ii) is owned by an overnight guest of the Owner and such use does not extend tor more than three (3) days.
Notwithstanding the ten (10) hour parking restriction and quest parking exception, there shall be no over-night parking on any road or street.
Passenger automobiles, passenger vans, motorcycles, or pick-up trucks that are 1n operating condition, having current license plates ana inspection stickers, and that are in daily use as motor vehicles on the streets and highways ot the State ot Texas are exempt trom the ten (10) hour parking restriction only as it pertains to parking ot vehicles on the driveway portion ot any Lot or Unit. No vehicle shall be parked in a yard or in the street or along the side ot a street so that it blocks the tlow of tratfic. No vehicle may be repaired on a lot or Unit unless such vehicle 1s concealed inside a garage or other approved enclosure during the repair thereor.
This restriction shal) not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, repair or
de a garage or other approved enclosure during the repair thereor.
This restriction shal) not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, repair or Maintenance of (1) residentia] dwelling(s) or related Improvements in the immediate vicinity thereof or (ii) utility Improvements in Pebble Creek Development.
3.14 Animal Husbandry. No animals, livestock, bees or poultry otf any kind shall be raised, bred or kept on any Lot or Unit except that doas, cats or other common household pets may be kept provided that they are not kept, bred or maintained tor commercial! purposes and do not become a nuisance or threat to other Owners. No more than tour (4) total animals shall be kept as household pets. No Owner shall permit any dog, cat or other domestic pet under his ownership or control to leave such Owner's Lot or Unit unless such pet 1s leashed and accompanied by a member ot such Owner's household.
3.15 Lot and Unit Maintenance.
A. All Lots and Units shall be kept at a}] times in a neat, attractive, healthtui and sanitary condition, and the Owner or occupant of all Lots and Units shal! keep ai] weeds and grass thereon cut and shall in no event use any Lot or Unit tor storage ot materials or equipment except tor normal residential! requirements or incident to construction of Improvements thereon as herein permitted, or permit the accumulation of garbage, trash or rubbish of any kind thereon. Alli yard equipment or storage piles shall be kept screened by a service yard or other similar tacility as herein otherwise provided, so as to conceal them trom view ot adjacent Lots or Units, streets or other property.
B. In the event of any default by the Owner or other occupant of any
imilar tacility as herein otherwise provided, so as to conceal them trom view ot adjacent Lots or Units, streets or other property.
B. In the event of any default by the Owner or other occupant of any Lot or Unit in observing the above requirements, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit, cut, or cause to be cut, such weeds and grass and remove, or cause to be removed, such garbage, trash and rubbish or do any other thing necessary to secure compliance with this Supplementary Declaration, so as to place said Lot or Unit in a neat, attractive, healthtul and sanitary condition, and may charge the Owner, Commercial-Builder or occupant of such Lot or Unit for the cost of such work and removing such associated materials. The cost of such work and removal shall constitute a Reimbursement Assessment.
3.16 Signs, Advertisements, Billboards. No sign, advertisement, billboard, or advertising structure of any kind may be erected or maintained on any Lot or Unit in the Pebble Creek Development without the prior approval of the Architectural Committee and any such approval which 1s granted may be withdrawn at any time, in which event, the parties 10 granted such permission shall immediately remove such structures.
Additionally, no street or directional signs may be installed within the Pebble Creek Development without the prior written approval of the Declarant and the Architectural Committee.
The Declarant, the Association or the Community Association (or any
e installed within the Pebble Creek Development without the prior written approval of the Declarant and the Architectural Committee.
The Declarant, the Association or the Community Association (or any agent desiqnated in writing by Declarant, the Association or the Community Association) shall have the right to remove and dispose ot any such prohibited sign, advertisement, billboard or advertising structure which is placed on any Lot or Unit, and in doing so shall not be subject to any liability for trespass or any other tort in connection therewith or arising from such removal nor in any way be liable tor any accounting or other claim by reason ot the disposition thereot.
3.17 Maximum Height ot Antenna. No radio or television aerial wire antennae or satellite receiving dish shall be maintained on any portion ot any Lot or Unit, except as may be approved by the Architectural Committee.
No electronic device which interferes with the television reception of the occupant of any other Lot or Unit shall be permitted within the Community.
3.18 Wind Generators. No wind generators shall be erected or maintained on any Lot or Unit if said qenerator is visible trom any other Lot or Unit or street.
3.19 Solar Collectors. No solar collector shall be installed without the prior written approval ot the Architectural Committee. Such installation shall be in harmony with the design ot the residence. Solar collectors shall be installed in a location not visible trom the public street in tront of the residence.
3.20 Swimming Pools. No swimming pool may be constructed on any Lot or Unit without the prior written approval of the Architectural Committee.
Each application made to the Architectural Committee shall be accompanied
ols. No swimming pool may be constructed on any Lot or Unit without the prior written approval of the Architectural Committee.
Each application made to the Architectural Committee shall be accompanied by two sets ot plans and specitications for the proposed swimming pool construction to be done on such Lot or Unit, including a plot plan showing the location and dimensions ot the swimming poo! and all related improvements, together with the plumbing and excavation disposal plan. ‘The Architectural Committe'’s approval or disapproval of such swimming pool shall be made in the same manner as described in the Declaration hereot tor other buii!dina improvements. ‘The Owner shail be responsible tor all necessary temporary erosion control measures required during swimming pool construction on said Lot or Unit to insure that there is no erosion into the streets, lakes, golt course or other Lots. Swimming pool drains shall be piped into the storm sewer drainage system. In no event shall swimming pools be drained or discharge water into the streets, lakes, golt course or other Lots. All swimming pools must be enclosed with a tence (approved by the Architectural Committee) to prevent unauthorized access to the swimming pool.
3.21 Drying of Clothes in Public View. The drying ot clothes in Course, other Lots or any other land within the Pebble Creek Development ) is prohibited.
3.22 Garage and Garage Doors. All garages must be finished with sheetrock, taped and painted or other finish approved by the Architectural Committee. No Owner shall be entitled to enclose a garage for residential use without plans and specifications having been approved by the
ped and painted or other finish approved by the Architectural Committee. No Owner shall be entitled to enclose a garage for residential use without plans and specifications having been approved by the Architectural Committee for a replacement garage. Garage doors visible trom any street shall be kept in the closed position when the garage is not being used by the Owner or occupant.
3.23 Control of Sewage Effluent. No outside toilets will be permitted, and no installation of any type of device for disposal of sewage shall be allowed which would result in raw or untreated or unsanitary sewage being carried in the streets or into any body of water.
Any Improvements within the Community that are destroyed partially or totally by tire, storm, or any other casualty, shall be repaired or demolished within a reasonable period of time, and the Lot or Unit and vot 1225 ease 043 li Improvements thereon, as applicable, restored to an orderly and attractive condition.
3.25 Vehicles Permitted to Use Roads and Streets.
A. The only motorized vehicles allowed on the roads and street easements in the Pebble Creek Development shail be (1) motor vehicles currently licensed and inspected tor use on public highways or (2) golt carts with a current permit issued by the Pebble Creek Country Club; provided, however goit carts shall be operated in the Pebbie Creek Development solely tor purposes of access to and trom the Pebble Creek Country Club.
kK. The use of non-licensed motor vehicles including, but not limited to, automobiles, trucks, motorcycles, dirt bikes, ott-road vehicles and gocartS 1S expressly prohibited.
om Vehicles, regardless ot type, may only be operated by individuals holding a current driver's license valid in the State of Texas or the state oft such person's domicile.
tS 1S expressly prohibited.
om Vehicles, regardless ot type, may only be operated by individuals holding a current driver's license valid in the State of Texas or the state oft such person's domicile.
D. Licensed motorized two-wheel or three-whee) vehicles (1) shal] be allowed within the Pebble Creek Development solely for the purpose of access to and from the Pebble Creek Development and access to and trom the Pebble Creek Country Club, but shall not be permitted tor travel within Pebble Creek Development and (2) shall not be used within any Common Brea other than paved streets.
3.26 Boats Pronibited on Lakes. No boats shall be permitted on any ot the takes within the Pebble Creek Development, except that boats operated by the Association or Country Club (or their respective contractors) may be used in connection with the maintenance ot the lakes and removal ot golt balls and other objects trom the lakes.
3.27 Swimming Prohibited in Lakes. Swimming in the lakes shall be prohibited at all times.
3.28 G“andscapina.
A. Before any initia! landscaping (including the planting ot arass) shail be done in the tront yard of any newly constructed dwelling, the landscape budget and qenera! layout shal) tirst have been approved in writing by the Architectural Committee. All approved initial landscaping shall be completed not later than sixty (60) days after substantial completion of the dwelling, except tor emergency situations as approved by the Architectural Committee, B. All landscaping installed by Owner shall comply with the landscape criteria ("Landscape Criteria") established by the Architectural Committee, as such Landscape Criteria may be amended trom time to time.
However, any landscaping installed by the Owner which is approved by the
("Landscape Criteria") established by the Architectural Committee, as such Landscape Criteria may be amended trom time to time.
However, any landscaping installed by the Owner which is approved by the Architectural Committee prior to the establishment of the Landscape Criteria or at any time after such Landscape Criteria is established shall be maintained by the Owner in a neat and attractive condition at all times.
Any replacement landscaping which complies with the Landscape Criteria does not need to be approved by the Architectural Committee, however, an Owner may submit a landscape layout and plans tor replacement landscaping to the Architectural Committee for approval by the Architectural Committee.
on The Architectural Committee shall, in its sole discretion and authority, determine whether the landscape layout and plans submitted to it for review, including, but not necessarily limited to, drainage, grass, shrub and tree planting, are acceptable to the Architectural Committee.
The Architectural Committee may require additional and/or different types of landscaping should the Architectural Committee deem it to be necessary.
Dd. Owners of Golf Course Lots shall not grow, nor permit types of grasses or other vegetation to grow which, in the opinion ot the Architectural Committee, is inimical to golf course qrasses or vegetation, in the portion ot the Golt Course Lots adjacent to the Golt Course. Such Owners may, however, with the prior written approval of the Architectural Committee, instal! barriers which will] prevent the spread ot otherwise vo 12? Fra O44 12 prohibited qrasses or vegetation into the Golt Course, and, tollowing the installation ot such barriers, may qrow such grasses or vegetation adjacent to the Golt Course.
ot otherwise vo 12? Fra O44 12 prohibited qrasses or vegetation into the Golt Course, and, tollowing the installation ot such barriers, may qrow such grasses or vegetation adjacent to the Golt Course.
BE. The Architectural Committee reserves the right to require the installation and maintenance ot underground irrigation systems in proper working order when proximity to golf course, water table, tree count. and other relevant tactors are considered.
3.29 Rooting. No external rooting material other than tile roots, No.
1 Cedar wood shingles, or composition shingles (excluding three tab shingles), as approved by the Architectural Committee, shall be used on any residence or other Improvement on any Lot or Unit. Al) roots shal) have prior written approval ot the Architectural Committee prior to installation. The minimum pitch on roots shal) be 4.5 to 12.
Root tans, attic tans, attic ventilators or other root penetrations must be approved by the Architectural Committee it any portion ot the Improvement 1s visible trom the front property line or golt course.
3.30 Driveways. Driveways shall be constructed entirely of concrete, exposed aqqreqgate or brick pavers, or asphalt paving. lt aSphalt paving is used, curbs and gutters must be installed.
3.34 Lighting. No exterior liqnhting may be constructed or installed on any Lot or Unit without the prior written approval ot the Architectural Committee. Post lamps at the street may be required by the Architectural Committee.
3.32 Minimum Slab Elevation. ‘the slab elevation ot al! constructed dwelling units, garages and related Improvements shal! not be less than one toot (1'} above the 1l00-year tlood piain elevation of such Lot or Unit.
3.33 Rental and Leasing. Owners must notity the Association it their
arages and related Improvements shal! not be less than one toot (1'} above the 1l00-year tlood piain elevation of such Lot or Unit.
3.33 Rental and Leasing. Owners must notity the Association it their Lots or Units are leased or rented. Owners must also provide the Association with the name ot the tenant, a copy of the lease and the current mailing address ot the Owner. In no event, however, shall any rental or leasing be allowed except pursuant to a written agreement or torm approved by the Association Hoard that attirmatively obligates all tenants and other residents ot the Lot or Unit to abide by this Declaration, the Declaration, and the Rules and Regulations ot the Association.
3.34 Untinished Rooms. Substantially all rooms in all dwelling units, other than attics, must be finished in compliance with all applicable building code requirements. The Architectural Committee may allow tor a tew untinished rooms as long as they appear from the exterior view to be complete.
3.35 Variances. The Architectural Committee may authorize variances from compliance with any of the provisions of this Supplementary Declaration or minimum acceptable construction standards or regulations and requirements as promulgated trom time to time by the Architectural Committee, when circumstances such as topography, natural obstructions, hardship, aesthetic, environmental, or other considerations which in the sole opinion of the Architectural Committee may require a variance. Such variances must be evidenced in writing and shall become ettective when signed by the Declarant or by at least a majority of the members of the Architectural Committee. If any such variances are granted, no violation of the provisions of this Supplementary Declaration shall be deemed to have
ant or by at least a majority of the members of the Architectural Committee. If any such variances are granted, no violation of the provisions of this Supplementary Declaration shall be deemed to have occurred with respect to the matter for which the variance is granted; provided, however, that the granting of a variance shall not operate to waive any ot the provisions of this Supplementary Declaration tor any purpose except as to the particular property and particular provisions hereot covered by the variance, nor shall the granting of any variance atfect in any way the Owner's obligation to comply with all governmental laws and regulations attecting the property concerned and the Plat.
3.36 Dish Antennae. No electronic radio or television dish antennae or any other type ot receiving or transmitting equipment shal] be permitted on any Lot unless it is erected, placed, or mounted in such a manner that such antennae or other equipment are concealed completely trom view trom 13 public or private streets or courtyards, and are otherwise acceptabie to the Architectural Committee.
4. PROPERTY MAINTENANCE REGULATION: 4.1 Exterlor Maintenance otf Improvements. In the event an Owner or occupant shall tail to maintain the Improvements on a Lot or Unit in accordance with the provisions of this Declaration and the construction guidelines ot the Association or Architectural Committee, which detault is continuing after thirty (30) days written notice thereot to the Owner or occupant, as applicable, then the Declarant or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit and to repair,
may, without liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit and to repair, maintain or restore the exterior of the Improvements thereon at the cost of and for the account of the Owner of such Improvements. The cost ot such exterior Maintenance shall constitute a Reimbursement Assessment.
4.2 Entry Rights. The Association may enter upon any Owner's Lot or Unit at reasonable times to maintain the Common Area, to remove retuse and to provide the exterior maintenance permitted under this Article 4. Such right of entry shal! include the right to use ot the Owner's water, from an outside spigot in reasonable amounts, without compensation to the Owner, if used tor maintenance on the Owner's Lot or Unit, or in the Common Area.
This provision shai! not be construed as authorizing entry into any completed Improvements located in the Community unless a clear emergency exists.
5. EASEMENTS = 5.1 Easements. The Declarant reserves tor public use the utility easements shown on the Plat or that have peen or hereatter may be created by separate instrument recorded in the Ottice ot the County Clerk ot Brazos County, Texas, tor the purpoSe ot constructing, maintaining and repairing a system or systems ot electric lighting, electric power, teleqraph and telephone line or lines, gas lines, sewers, water lines, storm drainage (surtace or underground), or any other utility the Declarant sees tit to install in, across and/or under the Property. Alii utility easements in the Community may be used tor the construction otf drainage swales or ditches in order to provide tor improved surface drainage of any designated reserves,
nder the Property. Alii utility easements in the Community may be used tor the construction otf drainage swales or ditches in order to provide tor improved surface drainage of any designated reserves, Common Area and/or Lots or Units. Notwithstanding anything to the contrary contained in the Section 5.1, no sewers, electrical lines, water lines, or other utilities may be installed on the Lots or Units except as initially approved in writing by the Declarant. Should any utility company turnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant, prior to the Control Transter Date, without the joinder ot any other Owner, shaii have the right to grant such easement on said Lots or Units without contlicting with the terms hereot, provided that such easements do not unreasonably intertere with the Owner's use and enjoyment ot such Lots or Units. Any utility company serving the Pebble Creek Development shall have the right to enter upon any utility easement for the purpose of the installation, repair and maintenance ot their respective facilities.
Neither Declarant, nor any utility company using the easements herein referred to shall be liable for any damages done by them or their assigns, agents, employees, or servants, to fences, shrubbery, trees and lawns or any other property of the Owner on the property covered by said easements.
5.2 Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Declarant to any of the Lots or Units by contract deed or other conveyance shall be subject to any easement aftecting same tor roadways or drainage, water line, gas, sewer, storm sewer, electric lighting, electric power, telegraph or telephone purposes
ed or other conveyance shall be subject to any easement aftecting same tor roadways or drainage, water line, gas, sewer, storm sewer, electric lighting, electric power, telegraph or telephone purposes and any other easement hereatter granted affecting the Lots or Units. The Owners of the respective Lots or Units shall not be deemed to own pipes, wires, conduits or other service lines running through their Lots or Units which are utilized for or service other Lots or Units, but each Owner shall have an easement in and to the aforesaid tacilities as shall be necessary for the use, maintenance and enjoyment of his Lot or Unit.
34 5.3 Utility Easements A. No bui!ding shail be located over, under, wpon or across any portion of any utility easement, however, the Owner ot each Lot or Unit shall have the right to construct, keep and maintain concrete drives and Similar Improvements across the utility easement along the tront ot the Lot or Unit and/or aiong the side of corner Lots or Units adjacent to street right-ot-ways and shall be entitled to cross such easements at all time for purposes ot gaining access to and trom such Lots or Units.
B. The Owner of each Lot or Unit also shall have the right to construct, keep and maintain driveways, walkways, steps and air conditioning units and equipment over, across or upon any utility easement along the side of such Lots or Units (the "Side Lot Utility Easement”), (other than along any Side Lot Utility Easement which is adjacent to a street right-of-way) and shall be entitled, at ali times, to cross, have access to and use the Improvements located thereon, however, any such Improvements placed upon such Side Lot Utility Easement by the Owner shal] be constructed, maintained and used at Owner's risk and, as such, the Owner
e Improvements located thereon, however, any such Improvements placed upon such Side Lot Utility Easement by the Owner shal] be constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot or Unit subject to said Side Lot Utility Easements shall be responsible for (1) any repairs to the walkways, steps and air conditioning units and equipment which cross or are located upon such Side Lot Utility Easements and (11) repairing any damage to said Improvements caused by the public utility or other beneticiary ot such easements in the course ot installing, operating, maintaining, repairing, or removing its tacilities located within the Side Lot Utility easements.
Cc. The Owner of each Lot or Unit shaii indemnity and hold harmiess Deciarant, the Association, and public utility companies having tacjlities located over. across or under utility easements trom any loss, expense, suit or demand resulting trom injuries to persons or damage to property in any way occurring, incident to, arising out otf, or in connection with said Owner's installation, maintenance, repair or removal ot any permitted Improvements located within utility easements, including where such injury or damage 1S caused or alleged to be caused by the sole negligence ot such entitires or their employees, officers, contractors, or agents.
6. ANNEXATION OF ADDITIONAL LAND 6.1 Further Development. Keterence is hereby made to the tact that Declarant currently owns the Annexable Land as detined in the Declaration.
It is currently contemplated by Declarant that portions ot the Annexable Land will be developed in various stages or phases tor residential purposes; however, the toregoing is only a current intentions and is subject to change without notice. I1t is also the present intention of
ill be developed in various stages or phases tor residential purposes; however, the toregoing is only a current intentions and is subject to change without notice. I1t is also the present intention of Declarant that 1t such development occurs, mutual easements (including utility easements), licenses and rights may be granted tor the benetit ot the Association and Owners and the present and future owners and tenants owning or leasing improvements in any developments now or hereatter constructed on the Annexable Land. In order to ettectuate such intentions, certain easements are herein retained and granted, and provision is made tor certain rights to be granted to the Association or the Owners to acquire easements and rights with respect to current and tuture devel opment on other Annexable Land. From and after the date hereof until the Control Transter Date, Declarant shall retain and have the power, without the consent of any other Owner or the Association, to annex portions of the Annexable Land into the Community provided that the property so annexed is to be developed in a manner generally similar to the existing Lots and Units in accordance with a general plan of development under which (1) the architectural standards prevailing within the Community will be continued in such annexed property, (ii) the type of residential Improvements to be constructed in such annexed property will be similar in value and cost to one or more ot the types of existing or contemplated residential Improvements in the Community, and (iii) the annexed property will become subject to assessment in the same manner as is prevailing tor the Community. Declarant also shall be entitled to annex portions of the Annexable Land into the Community after the Control Transter Date, without
o assessment in the same manner as is prevailing tor the Community. Declarant also shall be entitled to annex portions of the Annexable Land into the Community after the Control Transter Date, without the consent of any other Owner or the Association, provided that the first annexation proposed by Declarant subsequent to the Control Transter Date is etfected prior to the second annual anniversary of the Control Transter Date, as extended by delays in development outside ot the reasonable control ot Declarant ("Excusable Delays"), and any subsequent annexation 15 proposed by Deciarant is ettected prior to the second annua! anniversary ot the recordation of the most recently recorded supplementary Declaration annexing a portion ot the Annexable Land in to the Community, as extended by Excusable Delays. 1t Declarant desires to annex portions ot the Annexable Land into the Community at any time after the second annual anniversary ot the Control tTranster Date or the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexable Land into the Community, Declarant shall be entitled to annex such Annexable Land into the Community with the written approval (by written instrument or written ballot) ot the Class A Members holding not less than sixty-seven percent (67%) of the voting power within the Community (exclusive ot the voting power of the Declarant).
However, any annexation subsequent to an annexation approved by such Members shall not require the vote ot the Members described in the preceding sentence if such annexation occurs prior to the second annual anniversary otf the recordation ot the most recently recorded Supplementary
not require the vote ot the Members described in the preceding sentence if such annexation occurs prior to the second annual anniversary otf the recordation ot the most recently recorded Supplementary Declaration annexing a portion ot the Annexable Land into the Community, as extended by Excusable Delays. The additions authorized under this Section 6.1 shaii be made by tiling a supplementary declaration or record with respect to the property to be annexed into the Community.
6.2 Easements and Rights Presently Reserved. Declarant hereby reserves unto itselt, its successors and assiqns, a nonexclusive easement and riqht-ot-way tor ingress, earess and parkina over, across and through all streets and roadways (private or otherwise} shown on the Plat, said easement and right-of-way to expire on the Control trranster Date, if Declarant has not, prior to such date, annexed portions ot the Annexable Land into the community.
6.3 Obligation to Grant Reciproca! Rights. Declarant may, trom time to time, assign one or more of the easements set out Jn this Articie 6 to such persons or entities as it desires, including but not limited to property owners' associations, put in no event to any person or entity that does not have an interest in a tract or parcel ot land situated within the Annexable Land, it being intended that the right to use such easements be limited to parties residing on or using the Annexable Land or the Community, and their guests and invitees. No assignment of any such easement or easements shall be made unless concurrently therewith the parties, or representatives thereot, who are being granted such rights also grant to the Owners or the Association a reciprocal easement or easements with respect to any similar tacilities, it any, owned by such parties and
ives thereot, who are being granted such rights also grant to the Owners or the Association a reciprocal easement or easements with respect to any similar tacilities, it any, owned by such parties and located on the Annexable Land, or any part thereot. Subject to all of the provisions ot this Article 6, Declarant and its successors and assiqns may make multiple nonexclusive assignments of the easements herein granted to it.
6.4 Allocation ot Expenses. It any of the easements and rights granted by this Articie 6 are assiqned to other entities or persons in connection with the development of Improvements on the Annexabie Land as set out in Section 6.2 above, all such assignments shall provide that the assignees thereunder shall bear their proportionate share ot the costs ot maintaining, using and operating the street, road, recreational! tacility or other tacility, as the case may be, as to which such right 1s granted.
Such sharing ot costs and expenses shall be based upon the actual costs ot ownership, operation and maintenance of the tacility in question, and shall be borne prop rata by all persons having the right to make use thereot based upon the number of applicable Lots and Units and Country Club memberships. The time of payment of such costs, and the methodology of ascertaining same, shall be specified in the instrument from Declarant or its successors and assigns to its assignee and shall be binding upon the Owners and the Association and such assignees provided that the cost allocation shall be based upon the basis as hereinabove provided or some other equitable basis.
6.5 Authority of the Board. The Board shal! have, and is hereby granted, the necessary and requisite authority to enter into such cross-
he basis as hereinabove provided or some other equitable basis.
6.5 Authority of the Board. The Board shal! have, and is hereby granted, the necessary and requisite authority to enter into such crosseasement and cross-use agreements, or other agreements howsoever designated, as may be necessary to ettectuate the intents and purposes of this Article 6.
6.6 Annexable Land. This Supplementary Declaration, including, without limitation, this Article 6, sha}!i have no torce or ettect and shall !6 not constitute any encumbrance with respect to the Annexable Land or any part thereot, unless and until! portions ot the Annexable land are made subject to the jurisdiction of the Association by separate instrument executed solely by Declarant and any lienhoiders, which instrument is recorded in the Office of the County Clerk of Brazos County, Texas.
Kelerence 1s made herein in this Article © to the Annexable Land solely tor purposes ot describing certain reciprocal easements and other rights that may hereatter arise as between the Community and the Annexable Land ana limiting the parties to whom the easements hereby reserved with regard to the Community may be assigned. No easements or rights are hereby granted or reserved as to the Annexable Land, and no easement or other right reterred to in this Article 6 with respect to the Annexable Land or any part thereot shall be ot any torce or ettect unless set forth in a document executed by the owner or owners of the part ot the Annexable Land to be subject to such right or easement, which document, or a memorandum thereot, is hereatter recorded in the Ottice ot the County Clerk ot Brazos County, ‘texas.
7. GENERAL PROVISIONS 7.4 SEVERABILITY. Invatidation in any one ot the provisions ot this
nt, or a memorandum thereot, is hereatter recorded in the Ottice ot the County Clerk ot Brazos County, ‘texas.
7. GENERAL PROVISIONS 7.4 SEVERABILITY. Invatidation in any one ot the provisions ot this Declaration sha!) not attect any other provision hereot, which shal! remain in tull torce and ettect.
7.2 Yerm. The provisions ot this Supplementary Declaration shal} constitute covenants running with the land and sha!l be binding upon al) tuture Owners, transterees and lessees thereot, and their successors and assians, tor a term ot torty (40) years trom the date of this Supplementary Declaration, atter which time the provisions ot this Supplementary Declaration automatically shall be extended tor up to three (3) successive periods of ten (10) years each unless terminated as provided in Section 7.4, 7.3 Resubdivision. In the event that any Lot or Unit is resubdivided or submitted to a condominium regime, the plan of resubdivision or condominium plat tiled in the Ottice of the Country Clerk of Brazos County, Texas shall make specitic reterence to this Supplementary Declaration, but its talilure to do so shail not attect the applicability otf the provisions hereot to any such Lot or Unit.
7.4 Amendment by Members. This Supplementary Declaration may be amended or changed, in whole or part, at any time within torty.(40) years ot the date ot this Supplementary Declaration by a written instrument signed by those Members (including the Declarant) in the Community holding not less than sixty-seven percent (67%) ot the total! votes ot each class ot Members in the Community; and, thereatter, by a written instrument signed by those Members (including the Declarant) in the Community holding not fess than titty percent (50%) ot the total votes ot each class ot Members
unity; and, thereatter, by a written instrument signed by those Members (including the Declarant) in the Community holding not fess than titty percent (50%) ot the total votes ot each class ot Members in the Community. It the Declaration 1s amended by written instrument Siqned by the requisite number ot Members ot this Community, such amendment must be approved by said Members within three hundred sixty-tive (365) calendar days of the date the first Member executes such amendment. The date a Member's signature is acknowledged shall constitute prima tacia evidence ot the date of execution of said amendment by such Member. Those Members (including the Declarant) of this Community entitled to cast not less that the required number of all votes of the Members of the Community may also vote to amend this Declaration, in person or by proxy, at a meeting of the Members in the Community (including the Declarant) duly called for such purpose, written notice of which shall be given to all such Members at least ten (10) days and not more than sixty (60). days in advance and shall set forth the purpose of such meeting. Notwithstanding any provision contained in the Association By-Laws to the contrary, a quorum, tor purposes of such meeting, shall consist of not less than seventy percent (70%) of all of the Members of this Community (in person or by proxy) entitled to vote. Any such amendment shal] become effective when an instrument is tiled tor record in the Office of the County Cierk of Brazos County, Texas, accompanied by a certiticate, signed by a majority ot the Board, stating that the required number of Members ot this Community (including the Declarant) executed the instrument amending this Supplementary Declaration or cast a written vote, in person or by proxy, in
tating that the required number of Members ot this Community (including the Declarant) executed the instrument amending this Supplementary Declaration or cast a written vote, in person or by proxy, in tavor ot said amendment at the meeting called tor such purpose. Copies ot the written bailots pertaining to such amendment shall be retained by the 1] Association tor a period ot not less than three (3) years after the date of tiling ot the amendment.
7.5 Amendment by the Dectarant. ‘The Declarant shal) have and reserves the right at any time and trom time to time prior to the Control Transter Date, without the joinder or consent of any Owner or other party, to amend this Supplementary Declaration by an instrument in Writing duly signed, acknowledged, and tiled tor record tor the purpose ot correcting any typographical or grammatical error, oversight, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in turtherance ot the general pian and scheme ot development as evidenced by this Supplementary Declaration and the Declaration and shai! not impair or adversely attect the vested property or other rights ot any Owner or his mortgagee. Additionally, Declarant shall have and reserves the right at any time and trom time to time prior to the Control Transter Date, without the joinder or consent ot any Owner or other party, to amend this Supplementary Declaration by an instrument in writing duly siaqned, acknowledged and tiled tor record tor the purpose ot permitting the Owners to enjoy the benetits trom technological advances, such as security, communications or eneray~-related devices or equipment Which did not exist or were not in common use in residential subdivisions
rs to enjoy the benetits trom technological advances, such as security, communications or eneray~-related devices or equipment Which did not exist or were not in common use in residential subdivisions at the time this Declaration was adapted. Likewise, the Declarant shal] have and reserves the right at any time and trom time to time prior to the Control Transter Date, without the joinder or consent ot any Owner or other party, to amend this Supplementary Declaration by an instrument in writing duly signed, acknowledged and tiled tor record tor the purpose ot prohibiting the use ot any device or apparatus developed and/or available tor residential use tollowing the date of this Supplementary Declaration if the use of such device or apparatus will adversely attect the Association or Willi adversely aftect the property values within the Community.
7.6 Declarant's Rights and Prerogatives. Prior to the Control Yranster Date, the Declarant may tile a statement in the Oftice of the County Clerk ot Brazos County, Texas, which expressly provides tor the Declarant's (1) discontinuance of the exercise of any right or prerogative provided tor in this Supplementary Declaration to be exercised by the Declarant or (11) assignment to any third party owning property in the Pebble Creek Development, or to the entity owning the Country Club, ot one or more ot beclarant's specitic rights and prerogatives provided in this Supplementary Declaration to be exercised by Declarant. The assiqnee designated by Declarant to exercise one or more ot Declarant's rights or prerogatives hereunder shall be entitled to exercise such right or prerogative until the earlier to occur of the (a) Control Transter Date or (b) date that said assignee tiles a statement in the Office of the County
reunder shall be entitled to exercise such right or prerogative until the earlier to occur of the (a) Control Transter Date or (b) date that said assignee tiles a statement in the Office of the County Clerk ot Brazos County, lexas, which expressly provides tor said Assiqnee's discontinuance ot the exercise ot said right or prerogative. From and atter the date that the Declarant discontinues its exercise of any right or prerogative hereunder and/or assigns its right to exercise one or more of its rights or prerogatives to an assignee, the Declarant shall not incur any liability to any Owner, the Association or any other party by reason of the Declarant's discontinuance or assiqnment ot the exercise ot said right(s) or prerogative(s).
7.7 Disclaimer tor Errant Golt Balls. Land subject to this Declaration is intended tor development as a balanced, planned community, including residential, commercial, golf course and country club, public and other uses. From time to time, Owners of Lots or Units may be subject to the stray ingress and egress of golf balls from people playing golf nearby.
Specific easements are granted for such unavoidable ingress and egress, and Owners may not hold liable any planner, developer, constructor, or any other person tor any injury or damage whatsoever caused by such golf balls.
7.8 Gender. Wherever in this Supplementary Declaration the context so reguires, the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include all genders.
7.9 Headinas. The headings and any table of contents contained in this Supplementary Declaration are for reterence purposes only and shall not in any way attect the meaning or interpretation hereof.
7.10 beclarant's Rights to Complete Development of Community. No
in this Supplementary Declaration are for reterence purposes only and shall not in any way attect the meaning or interpretation hereof.
7.10 beclarant's Rights to Complete Development of Community. No provision of this Supplementary Declaration shall be construed to prevent yo. 12? Ace GOO 18 or limit Declarant's right or require Declarant to obtain any approval to (1) complete development ot the property within the boundaries ot the Community; (11) construct, alter, demolish or replace Improvements on any property owned by Declarant within the Community; (i111) maintain model homes, storage areas, ottices tor construction, initial sales, resales or leasing purposes or similar tacilities on any property owned by Declarant or owned by the Association within the Community; (iv) post signs incidental to development, construction, promotion, marketing, sales or leasing ot the property within the boundaries of the Pebble Creek Development, of (v) excavate, cut, till or grade any property within the Community owned by Declarant. Additionally, no provision of this Supplementary Declaration shal! require Declarant to seek or obtain the approval ot the Architectural Committee or ot the Association tor any such activity or Improvement on any property owned by Dectarant. Nothing in this Section 7.10 shalt limit or impair the reserved riahts ot Declarant elsewhere provided in this Supplementary Declaration or in the Declaration.
7.11 Declarations Construed Together. Al] ot the provisions ot this Supplementary Declaration shall be jiberaliy construed together with the Declaration to promote and ettectuate the tundamenta! concepts ot the development ot this Community and the Pebble Creek Development, as set torth in the Declaration.
raliy construed together with the Declaration to promote and ettectuate the tundamenta! concepts ot the development ot this Community and the Pebble Creek Development, as set torth in the Declaration.
7.12 Persons Entitied to Entorce Supplementary Declaration. ‘The Association, acting by authority of the Board, and any Member of the Association shall have the right to entorce any and alli of the provisions, covenants and restrictions contained in this Supplementary Declaration against any property within this Community and the Owner thereot. The right ot enforcement shall include the right to bring an action for damages as well as an action to enjoin any violation of any provision of this Supplementary Declaration. The Association shall have the same rights and remedies with respect to violations of the provisions of this Supplementary Declaration as the Association does with respect to violations ot the provisions ot the Declaration.
7.13 Violations ot Law. Any violation of any tederal, state, municipal or local law, ordinance, ruie or regulation, pertaining to the ownership, occupation or use of any property within the Community hereby 1s declared to be a violation ot this Supplementary Declaration and shall be subject to any and all ot the entorcement procedures set torth or reterred to in this Supplementary Declaration.
7.14 Costs and Attorney's Fees. In any action or proceeding under this Supplementary Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonabie attorney's tees.
7.15 No Representations or Warranties. No representations or warranties ot any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with
o Representations or Warranties. No representations or warranties ot any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion ot the Community, or any Improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness tor intended use, or in connection with the Pebble Creek Development, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as specitically set forth in writing.
7.16 Limitation on Liability. Neither the Association, the Board, the Architectural Committee, Declarant, or any officer, agent, or employee ot any of the same acting within the scope of their respective duties described in this Supplementary Declaration shall be liable to any Person tor any reason or for any tailure to act if the action or failure to act was in good faith and without malice.
I Executed this Ath day ot December, 1990.
ATTEST PEBBLE CREEK DEVELOPME ? COMPANY > bs" > P. Pp aura Normand, Secretary A Boyd, Vi resident STATE OF ‘TEXAS COUNTY OF BRAZOS er lh : This instrument was acknowledged betore me on this the y day of- .
December, 1990, by A. P. Boyd, Vice President ot Pebble Creek Developnient Ty Company, a Texas Corporation, on behalf otf <b, ' 2 ao leet ge Ak 0 (pp rep cand Aw) a Notary Public, statl ot Texas. : My Commission Expires: /O 23 735 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged betore me on this the YtA day ot December, 1990, by Laura Normand, Secretary ot Pebble Creek Development Company, a Texas Corporation, on behalt ot such corporation.
ee GATE £. HAILEY ( Notary lic, State ot Pp focay babs, Sista ot bevas 4 My Commission Expires:
le Creek Development Company, a Texas Corporation, on behalt ot such corporation.
ee GATE £. HAILEY ( Notary lic, State ot Pp focay babs, Sista ot bevas 4 My Commission Expires: cnr hy Commission Expires 5 20-92 § Te A aa ae el a AN A at ct ght v0. PPA yee 052 EXHIBIT A See plat tiled for record in Brazos County, Texas tor Pebble Creek Development, Phases IA, 1B, and IC.
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