SUPPLEMENTARY DECLARATION OF EASEMENTS, RESTRICTIONS AND COVENANTS FOR PHASE TWO SECTION A OF THE PEBBLE CREEK DEVELOPMENT UNITED STATES OF AMERICA COUNTY OF BRAZOS STATE OF TEXAS AAR (Patio Home Section) This Supplementary Declaration is made as of the de! day of March, 1994 by Pebble Creek Development Company, a Texas Corporation, hereinafter referred to as the "Declarant", represented herein by its Vice President, A. P. Boyd. The address of the Declarant is P.O. Box 674, Bryan, Texas 77806.
WHEREAS, Declarant declares that it is the owner of certain real property situated in Brazos County, Texas, described as set forth in Exhibit "A" annexed hereto and made a part hereof (said property being hereinafter sometimes referred to as the "Exhibit A Property") and desires to create thereon a residential community with designated "Lots", "Common Properties" and "Common Facilities" (now or hereinafter existing) as those terms are hereinafter defined for the benefit of the present and future lot owners; and WHEREAS, Declarant has recorded the "Declaration" (as hereinafter defined) in the Official Records of the County Clerk of Brazos County, Texas, subjecting the Exhibit A Property to all of the terms and conditions of the Declaration; and WHEREAS, Declarant further 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 for 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 of development of such properties as a planned residential community
ed and improved subject to certain reservations, restrictions, covenants, charges, liens, and easements as part of a general scheme of development of such properties as a planned residential community accommodating a mix of single family residential dwellings pursuant to a common and general plan for the benefit of Declarant and subsequent owners and occupants of such properties in order to protect and enhance the quality, value and desirability thereof; and WHEREAS, Declarant has caused a certain non-profit corporation to be incorporated under the laws of the State of Texas for the purpose of exercising the functions aforesaid: NOW, THEREFORE, Declarant further declares that the Exhibit A Property shall be held, transferred, sold, conveyed, leased, occupied and used subject to the following reservations, restrictions, covenants, charges, liens, and easements which are for the purpose of protecting the value and desirability of and which shall run with title to the real property made subject to the 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 Supplementary Declaration or any portion thereof, and their respective heirs, successors, successors-in-titles, assigns, and shall inure to the benefit of each owner thereof and where provided herein, shall benefit the property on which the Pebble Creek Development is located.
1. DEFINITIONS: As used herein, the following 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 Home Owner Association, Inc.
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 Home Owner Association, Inc.
1.2 Annual Maintenance Charge shall mean the assessment made and levied by the Board against each owner and his Lot in accordance with the provisions of this Supplementary Declaration.
1 1.3 Architectural Committee shall mean the Architectural Control Committee as established and appointed in accordance with the terms of the Declaration (as hereinafter defined) or Community Architectural Control Committee created by the Architectural Control Committee if one is so created.
1.4 Board shall mean the Board of Directors of the Community Association.
1.5 Bylaws shall mean the Bylaws of the Community Association.
1.6 Commencement of Construction shall mean the date on which foundation forms are set for a Unit.
1.7 Commercial Builder shall mean the Owner of an unimproved Lot who holds title for the purpose of building improvements thereon, and the subsequent sale or rental for occupancy.
1.8 Community Common Elements shall mean all real property (including but not limited to the improvements and personal property thereon and assessments) owned, held or maintained by the Community Association for the common use and enjoyment of the Owners and occupants of Lots and Units in the Community, together with the landscaping maintained by the Community Association on any lot or unit in the Community.
1.9 Community shall mean and refer to Pebble Creek Subdivision, Phase Two Section A and all Phases within Sections of Pebble Creek Subdivision brought with the scheme of this Supplementary Declaration by Declarant, and any other real property
le Creek Subdivision, Phase Two Section A and all Phases within Sections of Pebble Creek Subdivision brought with the scheme of this Supplementary Declaration by Declarant, and any other real property (including specifically, but without limitation, all or portions of other subdivisions being or to be developed by Declarant or their affiliated or subsidiary entities or other third parties to whom the right is specifically assigned by Declarant in writing) brought within the scheme of this Supplementary Declaration by Declarant.
1.10 Community Association shall mean an automatic membership, Texas non-profit corporation established for the Community and made up of Owners in the Community including the Declarant.
1.11 Control Transfer Date shall mean the same date as defined in Section 9 of this Supplementary Declaration.
1.12 Declarant shall mean Pebble Creek Development Company and its successors and assigns. A person or entity shall be deemed a successor and assign of Pebble Creek Development Company, as Declarant only if such person or entity is specifically designated in a a@auly recorded instrument as a successor and assigns of Declarant under this Supplementary Declaration, and shall be deemed a successor and assigns of Declarant only as to the particular rights or interests of Declarant under this Supplementary 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 of Pebble Creek Development Company, as Declarant under this Declaration.
1.13 Declaration shall mean (i) that certain Declaration of Easements, Restrictions, and Covenants for The Pebble Creek
assign of Pebble Creek Development Company, as Declarant under this Declaration.
1.13 Declaration shall mean (i) that certain Declaration of Easements, Restrictions, and Covenants for The Pebble Creek Development recorded in Volume 1225, Pages 1 through 31 in the Official Records of the Office of the County Clerk of Brazos County, Texas, and (ii) any amendments thereto, including any Supplementary Declarations imposing restrictions, easements, or covenants against this Community.
1.14 Golf Course Lot shall mean and refer to the Lots bordering on or adjacent to the golf course of the Pebble Creek Golf Course as defined in the Declaration.
2 YOu 2068 PASS 327 1.15 Governing Decuments shall mean (i) in the case of the Association, the Declaration, the Supplementary Declarations, if any, other than this Supplementary Declaration, and the Articles of Incorporation and By-Laws of the Association, as the same may be amended from time to time and filed of record, if applicable, and (ii) in the case of the Community, this Supplementary Declaration as the same may be amended from time to time and filed of record, if applicable, the Articles of Incorporation and By-Laws of the Community Association as the same may be amended from time to time.
In the event of conflict 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 of Lots or Units, then the Community Association Governing Document shall control. One Governing Document's lack of a provision in respect of a matter for which
ument with respect to the permitted use of Lots or Units, then the Community Association Governing Document shall control. One Governing Document's lack of a provision in respect of a matter for which provision is made in another Governing Document. shall not be deemed a conflict or inconsistency between such Governing Documents.
1.16 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 surfaces of any visible structures, additions, walkways, bicycle trails, sprinkler pipes, garages, carports, roads, driveways, parking areas, screening, walls, retaining walls, stairs, decks, fixtures, windbreaks, poles, signs, exterior tanks, solar energy equipment, exterior air conditioning fixtures and equipment, 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.
1.17 Jot shall mean a lot or parcel of land in the Community with the exception of the Community Common Elements, as shown upon the latest recorded subdivision plat.
1.18 aint ed _ Comm rea shall mean selected areas within the Community Common Elements that in the Board's sole discretion from time to time shall be maintained by the Community Association.
1.19 Maintenance Fun@ shall mean any accumulation of (i) the Annual Maintenance Charges collected by the Board in accordance with the provisions of these Restrictions for the continued maintenance, insuring, repair and operation of, and the construction of improvements on, the Subdivision and (ii) interest,
rd in accordance with the provisions of these Restrictions for the continued maintenance, insuring, repair and operation of, and the construction of improvements on, the Subdivision and (ii) interest, penalties, assessments and other sums and revenues collected by the Board pursuant to the Supplementary Declaration.
1.20 Member shall mean an Owner of a Lot or Unit in the Community who is accordingly a member of the Community Association.
1.21 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 of such Lot or Unit for that purpose has been given to the Community Association (with the most recent notification controlling) shall constitute notice to all such Owners.
1.22 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 Community, including sellers under executory contracts of sale and excluding buyers thereunder.
1.23 Reimbursement Assessment shall mean the assessment levied against an Owner by the Community Association pursuant to Section 8 of the Declaration.
1.24 Restrictions shall mean the covenants, conditions, easements, reservations and stipulations that shall be applicable and govern the improvement, use, occupancy, and conveyance of all the Lots and Community Common Elements in the Community as set out in this instrument or any amendment thereto.
1.25 Rules and Regulations shall mean rules adopted from time to time by the Board concerning the management and administration
in the Community as set out in this instrument or any amendment thereto.
1.25 Rules and Regulations shall mean rules adopted from time to time by the Board concerning the management and administration of the Community for the use, benefit and enjoyment of the Owners.
1.26 Pebble Creek Development shall mean all of the real property which is currently subject to the Declaration and any other real property which hereafter becomes subject to the Declaration.
1.27 Supplementary Declaration shall mean this instrument, as the same may be amended from time to time and filed of record.
1.28 Unimproved Lot shall mean a Lot upon which no building has been substantially completed for use.
1.29 Unit shall mean (i) a Lot improved by a single family dwelling, or (ii) a portion of a building designated for separate ownership having delineated boundaries and located on an improved Lot, or (iii) a portion of an Unimproved Lot which at given time has delineated boundaries for separate ownership.
1.31 Zero Lot Line shall mean that side lot line as selected by the Declarant, explained in Article 4, Section 4.3, and enumerated in the Rules and Regulations upon which each Owner is required to construct one side wall of his Unit.
2. APPROVAL OF PLANS: 2.1 Approva] Process. The plans for all construction in the Community are subject to review and approval by the Architectural Control Committee before construction can begin. The property ewner, whether an individual or a homebuilder, is required to submit two (2) complete sets of all plans along with all requirements listed on the Architectural Control Committee Approval Process of the Declaration. (Refer to Article 6, Architectural Control, of the Declaration.)
3. SUBJECT PROPERTIES: 3.1 Existing Properties. The real property which, as of the
ntrol Committee Approval Process of the Declaration. (Refer to Article 6, Architectural Control, of the Declaration.)
3. SUBJECT PROPERTIES: 3.1 Existing Properties. The real property which, as of the date of this Supplementary Declaration, is and shall hereafter be owned, held, transferred, sold, conveyed, leased, mortgaged, use, occupied, maintained, altered and improved subject to this Supplementary Declaration is the Exhibit A Property. This Community is subject to the jurisdiction of the Community Association (as defined in this Supplementary Declaration).
3.2 Annexation by Supplementary Declaration. "Annexable Land" (as defined in the Declaration) shall become part of this Community, effective upon the recordation in the Office of the County Clerk of Brazos County, Texas, a Supplementary Declaration meeting the requirements hereinafter set forth, pursuant to the provisions of Section 7.1. A Supplementary Declaration (a) shall 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 for so long as the Declarant 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 shall state its date of recordation and recording information; (e) shall state the land classification (residential, commercial or other classification) of such Annexable Land if such Annexable Land is declared to be part of the Community under this 4 Supplementary Declaration and that such Annexable Land shall be
, commercial or other classification) of such Annexable Land if such Annexable Land is declared to be part of the Community under this 4 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 the Community Association (as defined in this Supplementary Declaration). Additionally, such Supplementary Declaration may provide for phased annexation so that portions of such Annexable Land may be made subject to this Supplementary Declaration at different times. A deed by which Declarant conveys a parcel of property, including property comprising Common Area to an other person, may constitute a Supplementary Declaration if it meets the foregoing 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 forth 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 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 for the improvement and sale of land within this
e Land.
This Supplementary Declaration is hereby established as part of, pursuant to and in furtherance of a common and general plan of the Declaration for the improvement and sale of land within this community and for the purpose of enhancing and protecting the value, desirability and attractiveness of this Community.
Declarant, for itself, its successors and assigns, hereby declares that the Community and each part thereof shall be now held, transferred, conveyed, sold, leased, rented, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements and other provisions set forth in the Declaration and this Supplementary Declaration, for the duration thereof.
4. USE RESTRICTIONS: The Lots and Units within this Community shall be held, used and enjoyed subject to the restrictions set forth in the Declaration, including, without limitation, the architectural control provisions of the Declaration, except for the exemptions of the Declarant set forth in the Declaration, and to the restrictions stated in this Supplementary Declaration. To the extent that any of the following restrictions are more restrictive than any similar restrictions in the Declaration, the restrictions in this Supplementary Declaration shall control.
4.1 e- i Residential ¢ tr ion. No building shall be erected, altered, or permitted to remain on any Lot or Unit other than one detached single family dwelling used for residential purposes only and not to exceed two and one-half (2 1/2) stories in height and a private garage (or other approved covered or enclosed parking facility) and other bona fide servant's quarters; provided, however, that the servant's quarters structure
(2 1/2) stories in height and a private garage (or other approved covered or enclosed parking facility) 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 hereinafter provided with respect to model homes, each residence shall have a fully enclosed garage for not less than two (2) cars, which garage is available for parking automobiles at all times. The garage portion of any model home may be used by Builders for sales purposes, storage purposes and other related purposes. Upon (or prior to) the sale of said model home to the first purchaser thereof, the garage portion of the model home shall be converted to a fully 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 for duplex houses, garage apartments, or apartment houses; and no Lot or Unit shall be used for business, educations, religious or professional purposes of any 5 vo. 2068 esc: 330 kind whatsoever, nor for any commercial or manufacturing purposes.
No permanent structure of any kind or character shall ever be moved onto any Lot or Unit within said Community.
Except as otherwise provided in Section 4.13, 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 of every type and character, whether attached to or detached from the main residential structure or garage constructed on the Lots, must be approved by the Pebble Creek Architectural Control Committee
of every type and character, whether attached to or detached from 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. The Architectural Control Committee shall have absolute discretion in refusing to accept any plan, color or design of any improvements or structures to be placed or constructed on any lot. The Architectural Control Committee may appoint in writing a Community Architectural Control Committee as its agent concerning actions of the Architectural Control Committee in the Community.
4.2 Designation of Lot Types. The dwelling units constructed within the hereinafter designated sections of this Community shall conform to the minimum square footage requirements and set back requirements outlined herein.
PHASE 2A 1. Lots one through fifteen, Block fifteen, shall have awelling units with a minimum square footage of 1,800 square feet.
If a dwelling unit is more than one story in height, a minimum of 1,080 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee.
The front of each dwelling unit of Lots one through fifteen, Block fifteen, shall face Stonebriar Circle.
2. Lots one through fifteen have setback requirements as shown on the plat.
3. Lots sixteen through twenty-one, Block fifteen, shall have dwelling units with a minimum square footage of 2,100 square feet. If a dwelling unit is more than one story in height, a minimum of 1,260 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee. The front of each dwelling unit of Lots sixteen through
t, a minimum of 1,260 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee. The front of each dwelling unit of Lots sixteen through twenty-one, Block fifteen, shall face Stonebriar Circle.
4. Lots sixteen through twenty-one, Block fifteen, have set back requirements as shown on the plat.
5. Lots twenty-two through thirty-nine, Block fifteen, shall have dwelling units with a minimum square footage of 2,400 square feet. If a dwelling unit is more than one story in height, a minimum of 1,440 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee. The front of each dwelling unit of Lots twenty-two through thirty-nine, Block fifteen, shall face Stonebriar Circle.
6. Lots twenty-two through thirty-nine, Block fifteen, have set back requirements as shown on the plat.
7. Lots forty through forty-four, Block fifteen, shall have dwelling units with a minimum square footage of 2,000 square feet. If a dwelling unit is more than one story in height, a minimum of 1,200 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee. The front of each dwelling unit of Lots forty through forty-four, Block fifteen shall face Stonebriar Circle.
8. Lots forty through forty-four, Block fifteen, have set back requirements as shown on the plat.
9. Lots one through thirteen, Block sixteen, shall have dwelling units with a minimum square footage of 1,600 square feet.
If a dwelling unit is more than one story in height, a minimum of 960 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee.
e feet.
If a dwelling unit is more than one story in height, a minimum of 960 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee.
The front of each dwelling unit of Lots one through thirteen, Block sixteen, shall face Stonebriar Circle.
6 vot 2Z0G68 exc: 334 10. Lots one through thirteen, Block sixteen, have set back requirements as shown on the plat.
11. Lots fourteen through twenty-two, Block sixteen, shall have dwelling units with a minimum square footage of 2,000 square feet. If a dwelling unit is more than one story in height, a minimum of 1,200 square feet, including the garage, shall be on the ground floor, unless otherwise approved by the Architectural Committee. The front of each dwelling unit of Lots fourteen, fifteen, sixteen and twenty-two shall face the Common Area between Stonebriar Circle and the location of the Lot. The front of each awelling unit of Lots seventeen through twenty-one, Block sixteen, shall face Stonebriar Circle.
12. Lots fourteen through twenty-one, Block sixteen, have set back requirements as shown on the plat.
13. In the event a Lot is bounded on one or more streets, the front of any dwelling unit shall face that portion of such Lot as is labeled front on the plat of such Lot, such plat being labelled Exhibit "A" and attached to these restrictions.
4.3 Zero Lot Line Restrictions. No structure or improvements shall be located on any Lot between the building setback lines shown on the Plat pertaining to such Lot and the street right-ofway on which such Lot fronts or which are adjacent to any side Lot line of such Lot. Each residence dwelling except for those constructed on Lots 15, 21, 22, 31, 32 and 40, Block fifteen and
right-ofway on which such Lot fronts or which are adjacent to any side Lot line of such Lot. Each residence dwelling except for those constructed on Lots 15, 21, 22, 31, 32 and 40, Block fifteen and Lots 13, 14 and 16, Block sixteen shall be designed so as to provide that a minimum of fifty percent (50%) of the linear distance of one (1) wall of the residence structure shall be constructed adjacent to and abutting a side Lot line. This side Lot line shall be the Zero Lot Line. Declarant shall have absolute discretion in determining the Zero Lot Line Location for each Lot.
Provided, however, than an open court or patio may be built adjacent and abutting the aforementioned Zero Lot Line but said open court or patio must be enclosed by a masonry wall having a minimum height of eight (8') feet. This wall must, as in the case with the residence wall, be constructed adjacent to and abutting the zero Lot Line and enclose the court or patio in such a manner as to appear to be an extension of the residence dwelling. In addition, a wall shall be constructed adjacent and abutting the Zero Lot Line and extend from the rear of the residence or court/patio wall to the rear of the setback or building line as shown on the plat. This wall must be a minimum of six (6') feet in height and of brick construction unless approved in writing by the Architectural Committee as described in the Declaration. The Zero Lot Line walls or any walls located within two (2') feet of a side Lot Line shall have no exterior objects or appurtenances such as, for example, electric panels, vents, plumbing cleanouts, hose bibs, windows or openings of any kind.
4.4 fe] i of th ovements upon the r Unit. No residential structure or any other Improvement shall be located on
electric panels, vents, plumbing cleanouts, hose bibs, windows or openings of any kind.
4.4 fe] i of th ovements upon the r Unit. No residential structure or any other Improvement shall be located on any Lot nearer to the front, rear, side or street~-side Lot building line shown on the Plat or nearer to the property lines than the minimum building set-back lines described in Section 4.2. For purposes of this Supplemental Declaration, steps, screened porches (covered or uncovered), storage rooms, stoops, and servants' quarters shall be considered as part of a residential structure or other Improvement. This covenant shall not be construed to permit any portion of a building foundation on a Lot to encroach upon an easement. The main residential structure on any Lot shall face the front of the Lot, except as otherwise approved in writing by the Architectural Committee.
4.5 Removal of Trees, Trash and Care of Lots and Units During Construction of Residence.
A. Unless located within ten feet (10') of 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 of six (6") 7 vo. 2068 132.932 inches or more at a point of four feet (4') above ground level, without obtaining the prior written approval of 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, bushes, or other vegetation, shall be cut and removed promptly from any Lot, by the Owner of such Lot.
B. Subject to the provisions of Section 4.6(A), above, all Owners, during their respective construction of a residence, are
n, shall be cut and removed promptly from any Lot, by the Owner of such Lot.
B. Subject to the provisions of Section 4.6(A), above, all Owners, during their respective construction of a residence, are required to remove and haul from the Lot or Unit all tree stumps, trees, limbs, branches, underbrush and all other trash or rubbish cleared from the Lot or Unit for construction of the residence, construction of other improvements and landscaping. No burning is allowed on the Lot or Unit (unless written permission is granted therefor by the Association and the Community Association which permission may be withheld or withdrawn at any time and from time to time in the sole discretion of the Association or Community Association) and no materials or trash hauled from 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 of a residence, are required to continuously keep the Lot or Unit ina reasonably clean and organized condition. Papers, rubbish, trash, scrap, and unusable building materials are to be kept picked up and hauled from 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 free from trash, materials, and dirt. Any such trash, materials, or excess dirt or fill inadvertently spilling or getting into the streets or street ditch shall 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 of ingress and egress to his Lot or Unit during or after
requently 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 of ingress and egress to his Lot or Unit during or after 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 waster materials during or after construction of Improvements by the Owner of an adjacent Lot or Unit.
4.6 Brick Requirements. Without the prior approval of the Architectural Committee, no residence shall have less than seventyfive percent (75%) brick construction or its equivalent on its exterior wall area.
4.7 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.
4.8 enc edges. The following restrictions shall apply to fences constructed on the Lots described below: A. Golf Course Lots: Between the rear building set-back line and rear property line, no wall, fence, planter or hedge with a solid base may be erected, planted or maintained except for that which shall be approved in writing by the Architectural Committee.
A wrought iron fence of a standard design not exceeding five feet (5') in height, as approved in writing by the Architectural Committee, that would not unreasonably obstruct the view of the Golf Course by adjacent property Owners may be constructed from the rear building setback line to the rear property line.
B. All Other Lots: A wrought iron fence of standard design not exceeding five feet (5') in height, as approved in writing by 8 VOU LOGS mscr 333 the Architectural Committee, may be constructed from the front
Other Lots: A wrought iron fence of standard design not exceeding five feet (5') in height, as approved in writing by 8 VOU LOGS mscr 333 the Architectural Committee, may be constructed from the front building set-back line to the rear property line.
4.10 su ersections o treets. No planting or object which obstructs sight lines at elevations between two feet (2') and six feet (6') above the roadways within the triangular area formed by the intersecting street property lines and a line connecting them at point twenty-five feet (25') from the intersection of the street property lines or extension thereof shall be placed, planted or permitted to remain on any corner Lots.
4.11 Air Conditioning Requirements. No window or wall type air conditioning units shall be permitted to be used, erected, placed or maintained in or on any building in any part of the Community.
4.12 Prohibition of Offensive Activities. Without expanding the permitted uses of the Lots and Units, no activity, whether for profit or not, shall be conducted on any Lot or Unit which is not related to residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot or Unit which may be or may become an annoyance or a nuisance (including, without limitation, defective or unreasonably loud security or fire 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 fire devices used exclusively for security and fire 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
fire devices used exclusively for security and fire 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 of such exterior speaker does not constitute a nuisance or annoyance. Activities expressly prohibited, include, without limitation, (1) the performance of 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 of firearms, firecrackers or other fireworks within the Community, (3) the storage of flammable liquids in excess of five gallons, or (4) other activities which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration or pollution, or which are hazardous by reason of excessive danger, fire or explosion.
As indicated above, no Lot or Unit in the Community shall be used for any commercial, education, manufacturing, business or professional purpose; or for church purposes. The renting or leasing of any residential dwelling is subject to the provisions of Section 4.34.
No Lot or Unit or other portion of the Community shall be used or permitted for hunting or for the discharge of any pistol, rifle, shotgun, or any other firearm, or any bow and arrow or any other device capable of killing or inuring persons.
4.13 Use of Temporary. Structures. No structure of a temporary character, whether trailer, basement, tent, shack, garage, barn or other outbuilding shall be maintained or used on any Lot or Unit at any time as a residence, or for any other purposes, 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
other purposes, 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 offices, storage areas, model units, signs, and portable toilet facilities. Commercial-Builders and Contractors may, with the prior written approval of the Architectural Committee, exercise the rights reserved by Declarant in this Section 4.13.
4.14 Storage of Vehicles or Equipment. No motor vehicle or non-motorized vehicle (including, without limitation, trucks and recreational vehicles), boat, trailer, camper, marine craft, 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 of 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 from 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 for more than three (3) days.
Notwithstanding the ten (10) hour parking restriction and guest parking exception, there shall be no overnight parking on any road or street. Passenger automobiles, passenger vans, motorcycles, or pickup trucks that are in operating condition, having current license plates and inspection stickers, and that are in daily use as motor vehicles on the streets and highways of the State of Texas
, or pickup trucks that are in operating condition, having current license plates and inspection stickers, and that are in daily use as motor vehicles on the streets and highways of the State of Texas are exempt from the ten (10) hour parking restriction only as it pertains to parking of vehicles on the driveway portion of any Lot or Unit. No vehicle shall be parked in a yard or in the street or along the side of a street so that it blocks the flow of traffic.
No vehicle may be repaired on a Lot or Unit unless such vehicle is concealed inside a garage or other approved enclosure during the repair thereof.
This restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the construction, repair or maintenance of (i) residential dwelling(s) or related Improvements in the immediate vicinity thereof or (ii) utility Improvements in Pebble Creek Development.
4.15 Animal Husbandry. No animals, livestock, bees or poultry of any kind shall be raised, bred or kept on any Lot or Unit except that dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for commercial purposes and do not become a nuisance or thereat to other Owners. No more than four (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 is leashed and accompanied by a member of such Owner's household.
4.16 Lo nit M enance.
A. All Lots and Units shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the Owner or occupant of all Lots and Units shall keep all weeds and grass thereon cut and shall in no event use any Lot or Unit for storage
n a neat, attractive, healthful and sanitary condition, and the Owner or occupant of all Lots and Units shall keep all weeds and grass thereon cut and shall in no event use any Lot or Unit for storage of materials or equipment except for 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. All yard equipment or storage piles shall be kept screened by a service yard or other similar facility as herein otherwise provided, so as to conceal them from view of 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 occupancy, 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, healthful and sanitary condition, and may charge the Owner, Commercial-Builder or occupant 10.
yor 2068 exe SO 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.
4.17 Siqns, Advertisements, Billboards. No sign, advertisement, billboard, or advertising structure of any kind may
ials. The cost of such work and removal shall constitute a Reimbursement Assessment.
4.17 Siqns, 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 is granted may be withdrawn at any time, in which event, the parties granted such permission shall immediately remove such structures. Additionally, no street er 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 agent designated in writing by Declarant, the Association or the Community Association) shall have the right to remove and dispose of 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 for any accounting or other claim by reason of the disposition thereof.
4.18 The Maximum Height of Antenna. No radio or television aerial wire antennae or satellite receiving dish shall be maintained on any portion of 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.
4.19 Wind Generators. No wind generators shall be erected or maintained on any Lot or Unit if said generator is visible from any other Lot or Unit or street.
t shall be permitted within the Community.
4.19 Wind Generators. No wind generators shall be erected or maintained on any Lot or Unit if said generator is visible from any other Lot or Unit or street.
4.20 Solar Collectors. NO solar collector shall be installed without the prior written approval of the Architectural Committee.
Such installation shall be in harmony with the design of the residence. Solar collectors shall be installed in a location no visible from the public street in front of the residence.
4.21 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 by two sets of plans and specifications for the proposed swimming pool construction to be done on such Lot or Unit, including a plot plan showing the location and dimensions of the swimming pool and all related improvements, together with the plumbing and excavation disposal plan. The Architectural Committee's approval or disapproval of such swimming pool shall be made in the same manner as described in the Declaration hereof of other building improvements. The Owner shall be responsible for 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, golf 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, golf course or other Lots. All swimming pools must be enclosed with a fence (whose design and composition is approved by the Architectural Committee) and must comply with ordinances of the City of College Station.
r other Lots. All swimming pools must be enclosed with a fence (whose design and composition is approved by the Architectural Committee) and must comply with ordinances of the City of College Station.
4.22 Drving of Clothes in Public View. The drying of clothes in public view (whether from Common Areas (including streets], the Golf Course, other Lots or any other land within the Pebble Creek Development) is prohibited.
11 4.23 Garage and Garage Doors. Each dwelling unit shall have a full enclosed garage to be constructed at the time of the main residence, and the garage shall be constructed to house not less than two automobiles nor more than two automobiles and one cart.
All garages shall be constructed as a single family attached garage. 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.
All garages must be constructed of materials that are compatible with the construction materials used in the primary dwelling and shall be installed with electric opening and closing devices, which devices shall at all times be kept in serviceable condition. All roof materials must be of the same nature as the materials used on the main dwelling, and all exterior garage walls must be constructed of the same or similar material as the exterior of the main dwelling. All garages must be finished with sheetrock, taped and painted or other finish approved by the Architectural Committee. Garage doors visible from any street shall be kept in the closed position when the garage is not being used by the Owner or occupant.
The following lots shall have garages that open to the rear side of the lot in which the rear of the garage sits on the Zero
closed position when the garage is not being used by the Owner or occupant.
The following lots shall have garages that open to the rear side of the lot in which the rear of the garage sits on the Zero Lot Line and the garage door faces the opposite side (unless otherwise approved by the Architectural Committee): A. Lots one through fifteen, Block fifteen.
B. Lots forty through forty-four, Block fifteen.
The following lots shall have garages that open to the front side of the lot in which the rear of the garage sits on the Zero Lot Line and the garage door faces the opposite side (unless otherwise approved by the Architectural Committee): Lots sixteen through thirty-nine, Block fifteen.
The following lots shall have garages that open to the rear of the lot in which one side of the garage is on the Zero Lot Line and the garage door faces the alley (unless otherwise approved by the Architectural Committee) : Lots one through twenty-two, Block sixteen.
4.24 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.
4.25 Residences ovements aged b eo e Casualty. Any Improvements within the Community that are destroyed partially or totally by fire, storm, or any other casualty, shall be repaired or demolished within a reasonable period of time, and the Lot or Unit and Improvements thereon, as applicable, restored to an orderly and attractive condition.
4.26 Vehi s Pe ed to Use Roads and Streets.
A. The only motorized vehicles allowed on the roads and street easements in the Community shall be (1) motor vehicles
o an orderly and attractive condition.
4.26 Vehi s Pe ed to Use Roads and Streets.
A. The only motorized vehicles allowed on the roads and street easements in the Community shall be (1) motor vehicles currently licensed and inspected for use on public highways or (2) golf carts with a current permit issued by the Pebble Creek Country Club; provided, however, golf carts shall be operated in the Community solely for purposes of access to and from the Pebble Creek Country Club.
B. The use of non-licensed motor vehicles including, but not limited to, automobiles, trucks, motorcycles, dirt bikes, off-road vehicles and go-carts is expressly prohibited.
12 vo: 20687236337 c. Vehicles, regardless of type, may only be operated by individuals holding a current driver's license valid in the State of Texas or the state of such person's domicile.
D. Licensed motorized two-wheel or three-wheel vehicles (1) shall be allowed within the Pebble Creek Development solely for the purpose of access to and from the Pebble Creek Development and access to an from the Pebble Creek Country Club, but shall not be permitted for travel within the Community and (2) shail not be used within any Common Area other than paved streets.
4.27 Boats Prohibited on Lakes. No boats shall be permitted on any of the lakes 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 of the lakes and removal of golf balls and other objects from the lakes.
4.28 Swimming Prohibited in Lakes. Swimming in the lakes shall be prohibited at all times.
4.29 Landscaping.
A. Prior to occupancy thereof and thereafter, all front yards and all Lots must, as a minimum requirement, be sodded or hydro-
Swimming in the lakes shall be prohibited at all times.
4.29 Landscaping.
A. Prior to occupancy thereof and thereafter, all front yards and all Lots must, as a minimum requirement, be sodded or hydromulched with grass, and must have shrubs or other landscaping planted adjacent to the front of all Units constructed thereon to screen from view the foundation of such Units. Moreover, prior to occupancy of any Unit, the landscaping of the Lot on which the Unit is located must be landscaped in accordance with a landscape plan previously submitted to and approved by the Architectural Committee. The Declarant will initially landscape that portion of each Lot that lies between the front of each dwelling and the street and/or sidewalk. The cost of maintaining and replacing any landscaping installed by the Declarant shall be the responsibility of the Community Association.
B. All landscaping located behind the front building line or installed by the Owner shall be installed and maintained by the Lot Owner at Owner's sole cost and expense. 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 from time to time. Any landscaping installed by the Owner must be approved by the Architectural Committee and shall be maintained by the Owner ina neat and attractive condition at all times. Owner may submit a landscape layout and plans for any landscaping performed by Owner to the Architectural Committee for approval by the Architectural Committee.
c. 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
mmittee.
c. 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.
D. Owners of Golf Course Lots shall not grow, nor permit types of grasses or other vegetation to grow which, in the opinion of the Architectural Committee, is inimical to golf course grasses or vegetation, in the portion of the Golf Course Lots adjacent to the Golf Course. Such Owners may, however, with the prior written approval of the Architectural Committee, install barriers which will prevent the spread of otherwise prohibited grasses or vegetation into the Golf Course, and, following the installation of such barriers, may grow such grasses or vegetation adjacent to the Golf Course.
13 E. The Architectural Committee reserves the right to require the installation, operation and maintenance of underground irrigation systems in proper working order.
4.30 Reefing. No external roofing material other than composition shingles with a weight of 300 pounds (or greater) per 100 square feet as approved by the Architectural Committee, shall be used on any residence or other Improvement on any Lot or Unit.
Any other external roof material other than stated above will be subject to the approval of the Architectural Committee, which committee may reject any other material. All roofs shall have prior written approval of the Architectural Committee prior to installation. The minimum pitch on roofs shall be 4.5 to 12.
mmittee, which committee may reject any other material. All roofs shall have prior written approval of the Architectural Committee prior to installation. The minimum pitch on roofs shall be 4.5 to 12.
Roof fans, attic fans, attic ventilators or other roof penetrations must be approved by the Architectural Committee if any portion of the Improvement is visible from the front property line or golf course.
4.31 Driveways. Driveways shall be construed entirely of concrete, exposed aggregate or brick pavers unless otherwise approved by the Architectural Committee.
4.32 Lighting. No exterior lighting may be constructed or installed on any Lot or Unit without the prior written approval of the Architectural Committee. Post lamps at the street may be required by the Architectural Committee.
4.33 Minimum Slab Elevation. The slab elevation of all constructed dwelling units, garages and related Improvements shall not be less than one foot (1') above the 100-year flood plain elevation of such Lot or Unit. Not more than two feet (2') of vertical surface of concrete slab of any Unit shall be exposed to view from any public view or adjacent Lots. Any slab in excess of two feet (2') in height above finished grade shall have at least that excess in height covered with siding or masonry used in constructing the Unit. Any Unit with a pier and beam foundation shall have a mechanical, electrical, plumbing lines and fixtures located thereunder screened from view from any public street and adjacent Units. Any Unit with an elevated deck shall have its open space below such deck screened from public view and view from adjacent Units. The Architectural Committee, in its sole discretion, will determine the adequacy of any screening technique employed.
4.34 nd as - Owners must notify the Community
c view and view from adjacent Units. The Architectural Committee, in its sole discretion, will determine the adequacy of any screening technique employed.
4.34 nd as - Owners must notify the Community Association if their Lots or Units are leased or rented. Owners must also provide the Community Association with the name of the tenant, a copy of the lease and the current mailing address of the Owner. In no event, however, shall any rental or leasing be allowed except pursuant to a written agreement or form approved by the Community Association Board that affirmatively obligates all tenants and other residents of the Lot or Unit to abide by this Supplementary Declaration, the Declaration, and the Rules and Regulations of the Association and the Community Association.
4.35 Unfinished 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 for a few unfinished rooms as long as they appear from the exterior view to be complete.
4.36 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 from 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 Commission may require a variance. such 14 vo: COGS exces 339 variances must be evidenced in writing and shall become effective when signed by the Declarant or by at least a majority of the members of the Architectural Committee. If any such variances are
es 339 variances must be evidenced in writing and shall become effective 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 occurred with respect to the matter for which the variance is granted; provided, however, that the granting of any variance shall not operate to waive any of the provisions of this Supplementary Declaration for any purposes except as to the particular property and particular provisions covered by the variance, nor shall the granting of any variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned and the Plat.
4.37 Dish Antennae. No electronic radio or television dish antennae or any other type of receiving or transmitting equipment shall be permitted on any Lot unless it is erected, placed, or mounted in such a manner that such antennae or other equipment is concealed completely from view from public or private streets or courtyards, and are otherwise acceptable to the Architectural Committee.
4.38 Final Approval. Notwithstanding that the design or color of a structure may meet the requirement of this Supplementary Declaration, the Architectural Committee may refuse, without liability to any Owner, the design or color of a particular structure if in the sole opinion of the Architectural Committee such design or color would be detrimental to the remainder of the Community.
5. PROPERTY MAINTENANCE REGULATION: 5.1 Exterior Maintenance of Improvements. In the event an Owner or occupant shall fail to maintain the Improvements on a Lot or Unit in accordance with the provisions of this Supplementary
REGULATION: 5.1 Exterior Maintenance of Improvements. In the event an Owner or occupant shall fail to maintain the Improvements on a Lot or Unit in accordance with the provisions of this Supplementary Declaration and the construction guidelines of the Association, the community Association or the Architectural Committee, which default is continuing after thirty (30) days written notice thereof to Owner or occupant, as applicable, then the Declarant or the Association or the Community 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, 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 of such exterior maintenance shall constitute a Reimbursement Assessment to install, remove or maintain landscaping that is to be installed or maintained by the Community Association or Declarant.
5.2 Entry Rights. The Community Association may enter upon any Owner's Lot or Unit at reasonable times to maintain the Community Common Elements, to remove refuse and to provide the exterior maintenance permitted under this Article 5. Such right of entry shall include the right to use of the Owner's water, from an outside spigot in reasonable amounts, without compensation to the Owner, if used for maintenance on the Owner's Lot or Unit, or in the Community Common Elements. This provision shall not be construed as authorizing entry into any completed Improvements located in the Community unless a clear emergency exists.
6. EASEMENTS: 6.1 Easements. The Declarant reserves for public use the
l not be construed as authorizing entry into any completed Improvements located in the Community unless a clear emergency exists.
6. EASEMENTS: 6.1 Easements. The Declarant reserves for public use the utility easements shown on the Plat or that have been or hereafter may be created by separate instrument recorded in the Office of the County Clerk of Brazos County, Texas, for the purpose of constructing, maintaining and repairing a system or systems of electric lighting, electric power, telegraph and telephone line or liens, gas lines, sewers, water lines,.storm drainage (surface or underground), or any other utility. the Declarant sees fit to 15 install in, across and/or under the Property. All utility easements in the Community may be used for the construction of drainage swales or ditches in order to provide for improved surface drainage of any designated reserves, Common Area and/or Lots or Units. Notwithstanding anything to the contrary contained in the Section 6.1, 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 furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Declarant, prior to the Control Transfer Date, without the joinder of any other Owner, shall have the right to grant such easement on said Lots or Units without conflicting with the terms hereof, provided that such easements do not unreasonably interfere with the Owner's use and enjoyment of such lots or Units. Any utility company servicing the Pebble Creek Development shall have the right to enter upon any utility easement for the purpose of the
fere with the Owner's use and enjoyment of such lots or Units. Any utility company servicing the Pebble Creek Development shall have the right to enter upon any utility easement for the purpose of the installation, repair and maintenance of 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.
6.2 j biject t sements 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 affecting same for roadways or drainage, water line, gas, sewer, storm sewer, electric lighting, electric power, telegraph or telephone purposes and any other easement hereafter 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 facilities as shall be necessary for the use, maintenance and enjoyment of his Lot or Unit.
6.3 Utility Easements.
A. No building shall be located over, under, upon or across any portion of any utility easement, however, the Owner of each Lot or Unit shall have the right to construct, keep and maintain concrete drives and similar Improvements across the utility easement along the front of the Lot or Unit and/or along the side of corner Lots or Units adjacent to street right-of-ways and shall
aintain concrete drives and similar Improvements across the utility easement along the front of the Lot or Unit and/or along the side of corner Lots or Units adjacent to street right-of-ways and shall be entitled to cross such easements at all time for purposes of gaining access to and from such Lots or Units.
B. The Owner of each Lot or Unit also shall have the right to construct, keep and maintain driveway, 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 all 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 shall be construed, maintained and used at Owner's risk and, as such, the Owner of each Lot or Unit subject to said Side Lot Utility easement shall be responsible for (i) any repairs to the walkways, steps and air conditioning units and equipment which cross or are located upon such Side Lot Utility Easements and (ii) repairing any damage to said Improvements caused by the public utility or other beneficiary of such easements in the course of installing, operating, maintaining, repairing, or removing its facilities located within the Side Lot Utility Easements.
16 vo. ZOBS xcs 344 Cc. The Owner of each Lot or Unit shall indemnify and hold harmless Declarant, the Association, the Community Association and public utility companies having facilities located over, across or under utility easements from any loss, expense, suit or demand resulting from injuries to persons or damage to property in any way
nd public utility companies having facilities located over, across or under utility easements from any loss, expense, suit or demand resulting from injuries to persons or damage to property in any way occurring, incident to, arising out of, or in connection with said Owner's installation, maintenance, repair or removal of any permitted Improvements located within utility easements, including where such injury or damage is caused or alleged to be caused by the sole negligence of such entities or their employees, officers, contractors, or agents.
7. ANNEXATION OF ADDITIONAL LAND: 7.1 Further Development. Reference is hereby made to the fact that Declarant currently owns the Annexable Land as defined in the Declaration. It is currently contemplated by Declarant that portion of the Annexable Land will be developed in various stages or phases for residential purposes; however, the foregoing is only a current intention and is subject to change without notice. It is also the present intention of Declarant that if such development occurs, mutual easements (including utility easements), licenses and rights may be granted for the benefit of the Association, the Community Association and Owners and the present and future owners and tenants owning or leasing improvements in any developments now or hereafter constructed on the Annexable Land. In order to effectuate such intentions, certain easements are herein retained and granted, and provision is made for certain rights to be granted to the Association, the Community Association or the Owners to acquire easements and rights with respect to current and future development on other Annexable Land. From and after the date hereof until the Control Transfer Date as defined in the
n or the Owners to acquire easements and rights with respect to current and future development on other Annexable Land. From and after the date hereof until the Control Transfer Date as defined in the Declaration, Declarant shall retain and have the power, without the consent of any other Owner or the Association or the Community 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 (i) the architectural standards prevailing within the Community will be continued in such annexed property and (ii) the annexed property will become subject to assessment in the same manner as is prevailing for the Community. The additions authorized under this Section 7.1 shall be made by filing a supplementary declaration of record with respect to the property to be annexed into the Community.
7.2 ase and esent Reserved. Declarant hereby reserves unto itself, its successors and assigns, a non~exclusive easement and right-of-way for ingress, egress and parking over, across and through all streets and roadways (private or otherwise) shown on the Plat.
7.3 Ob tion to Reciprocal Rights. Declarant may, from time to time, assign one or more of the easements set out in this Article 7 to such persons or entitled as it desires, including but not limited to property owners' associations, but in no event to any person or entity that does not have an interest in a tract or parcel of 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
t or parcel of 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 guest and invitees. No assignment of any such easement or easements shall be made unless concurrently therewith the parties, or representatives thereof, who are being granted such rights also grant to the Owners or the Association or the Community Association a reciprocal easement or easements with respect to any similar facilities, if any, owned by such parties and located on the Annexable Land, or any part thereof. Subject to all of the provisions of this Article 7, Declarant and its successors and assigns may make multiple non-exclusive assignments of the easements herein granted to it.
17 vo: 2UB8 rise 342 7.4 Authority of the Board. The Board shall have, and is hereby granted, the necessary and requisite authority to enter into such cross-easement and cross-use agreements, or other agreements howsoever designated, as may be necessary to effectuate the intents and purposes of this Article 7.
7.5 Annexable Land. This Supplementary Declaration, including, without limitation, this Article 7, shall have no force or effect and shall not constitute any encumbrance with respect to the Annexable Land or any part thereof, unless and until portions of the Annexable Land are made subject to the jurisdiction of the Association by separate instrument executed solely by Declarant and any lienholders, which instrument is recorded in the Office of the County Clerk of Brazos County, Texas. Reference is made herein in this Article 7 to the Annexable Land solely for purposes of describing certain reciprocal easements and other rights that may
e of the County Clerk of Brazos County, Texas. Reference is made herein in this Article 7 to the Annexable Land solely for purposes of describing certain reciprocal easements and other rights that may hereafter arise as between the Community and the Annexable Land and limited 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 referred in this Article 7 with respect to the Annexable Land or any part thereof shall be of any force or effect unless set forth in a document executed by the owner or owners of the part of the Annexable Land to be subject to such right of easement, which document, or a memorandum thereof, is hereafter recorded in the Office of the County Clerk of Brazos County, Texas.
8. ASSESSMENTS: 8.1 Imposition and Collection.
A. There may be imposed, assessed or charged against each Lot and Unit within the Community, by the Board and in favor of the Community Association, maintenance charges (hereinafter sometimes collectively referred to as "Maintenance Assessment") and special assessments ("Special Assessment") for capital Improvements; provided however, that Declarant may by instrument in writing filed of record in the Office of the County Clerk of Brazos County, Texas, alter the charges or assessments for owners of Commercial Property until the Control Transfer Date as defined in the Declaration. Such Maintenance Assessment and Special Assessment shall be imposed, payable and collected as provided in this Article 8. The Maintenance Assessment, Special Assessment and any other charges or assessments imposed hereunder shall create a fund to be known as the "Maintenance Fund".
ollected as provided in this Article 8. The Maintenance Assessment, Special Assessment and any other charges or assessments imposed hereunder shall create a fund to be known as the "Maintenance Fund".
B. Each Owner of a Lot or Unit in the Community, by acceptance of title thereto whether or not it shall be so expressed in such deed or other conveyance, is deemed to covenant and agree to pay to the Community Association all Maintenance Assessments and other assessments or charges hereby levied against such Owner. The Maintenance Assessments and any other assessments or charges hereby levied, together with such interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the Lots and Units and shall be a continuing lien upon the property as to which each such Maintenance Assessment or other assessment or charge is made.
Cc. Any Maintenance Assessment, Special Assessment or other charges and assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of (i) the rate of eighteen percent (18%) per annum or (ii) the maximum rate permitted by law. The Community Association may bring an action at law against the Owner personally obligated, as applicable, to pay the same or foreclose the above described lien against the Owner's Lot or Unit, as provided below.
18 D. In order to secure the payment of the Maintenance Assessment, Special Assessments, and other charges and assessments hereby levied, a vendor's (purchase money) lien for the benefit of the Community Association, shall be and is hereby reserved in the deed from the Declarant to the purchaser of each Lot, Unit or portion thereof, which lien shall be enforceable through
the benefit of the Community Association, shall be and is hereby reserved in the deed from the Declarant to the purchaser of each Lot, Unit or portion thereof, which lien shall be enforceable through appropriate judicial and/or non-judicial proceedings by the Community Association. As additional security for the payment of the Maintenance Assessment, Special Assessments, and other charges and assessments hereby levied, each Owner of a Lot or Unit in the Community, by such party's acceptance of a deed thereto, hereby grants the Community Association a contractual lien on such Lot or Unit which may be foreclosed on by non-judicial foreclosure and pursuant to the provisions of Section 51.002 of the Texas Property Code (and any successor statute), and each such Owner hereby expressly grants the Community Association a power of sale in connection therewith. The Community Association shall, whenever it proceeds with non-judicial foreclosure pursuant to the provisions of said Section 51.002 of the Texas Property Code and said power of sale designate in writing a Trustee to post or cause to be posted all required notices of such foreclosure sale and to conduct such foreclosure sale. The Trustee may be changed at any time and from time to time by the Association by means of a written instrument executed by the President or any Vice President of the Community Association and filed for record in the Real property Records of Brazos County, Texas. IN the event that the Community Association has determined to non-judicially foreclose the lien provided herein pursuant to the provisions of said Section 51.002 of the Texas Property Code and to exercise the power of sale hereby granted, the Association shall mail to the defaulting Owner a copy of the Notice
n pursuant to the provisions of said Section 51.002 of the Texas Property Code and to exercise the power of sale hereby granted, the Association shall mail to the defaulting Owner a copy of the Notice of Trustee's Sale not less than twenty-one (21) days prior to the date on which said sale is scheduled by posting such notice through the U.S. Postal Service, postage prepaid, certified, return receipt requested, properly addressed to such Owner at the last known address of such Owner according to the records of the Community Association. If required by law, the Community Association or Trustee shall send any curative period notice to the Owner and also cause a copy of the Notice of Trustee's Sale to be recorded in the Real Property Records of Brazos County, Texas. Out of the proceeds of such sale, if any, there shall first be paid all expenses incurred by the Community Association in connection with such default, including reasonable attorney's fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to the Community Association an amount equal to the amount in default; and, third, the remaining balance shall be paid to such Owner.
Following any such foreclosure, each occupant of any improvements thereon shall be deemed to be a tenant at sufferance and may be removed from possession by any and all lawful means, including a judgment for possession in an action of forcible detainer and the issuance of a writ of restitution thereunder.
In the event of nonpayment by any Owner of any Maintenance Assessment, Special Assessment, or other charge or assessment levied hereunder, the Community Association may, in addition to foreclosing the lien hereby retained, and exercising the remedies provided herein, upon thirty (30) days prior written notice thereof
nt levied hereunder, the Community Association may, in addition to foreclosing the lien hereby retained, and exercising the remedies provided herein, upon thirty (30) days prior written notice thereof to such non paying Owner, exercise all other rights and remedies available at law or in equity.
It is the intent of the provisions of this Section 8.1 to comply with the provisions of said Section 51.002 of the Texas Property Code relating to non-judicial sales by power of sale and, in the event of the amendment of said Section 51.002 of the Texas Property Code hereafter, the President or any Vice President of the Community Association, acting without joinder or any other Owner of mortgagee or other person may, by amendment to this Declaration filed in the Real Property Records of Brazos County, Texas, amend the provisions hereof so as to comply with said amendments to Section 51.002 of the Texas Property Code.
19 vo 2UG8 race 344 E. In addition to the right of the Community Association to enforce the Maintenance Assessment, Special Assessment or other charge or assessment levied hereunder, the Community Association may file a claim or lien against the Lot or Unit of the delinquent Owner by recording a notice ("Notice of Lien") setting forth (a) the amount of the claim of delinquency, (b) the interest and costs of collection which have accrued thereon, (c) the legal description and street address of the Lot or Unit against which the Lien is claimed, and (d) the name of the Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the Community Association or other duly authorized agent of the community Association. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully
icer of the Community Association or other duly authorized agent of the community Association. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of Lien and all other costs and assessments which may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Community Association shall execute and record a notice releasing the lien upon payment by the Owner of a reasonable fee as fixed by the Board to cover the preparation and recordation of such release of lien instrument.
F. Any vice president, the treasurer or the manager of the Community Association shall, within ten (10) days of a written request and upon payment to the Community Association of such fee as is from time to time determined by the Board, furnish to any ewner or such Owner's mortgagee which request the same, a certificate in writing signed by such officer or manager setting forth whether the Maintenance Assessment or Special Assessment for which such Owner is responsible has been paid, and, if not paid, the outstanding amount due and owing, together with all fines, accrued interest and other penalty charges. Such certificate shall be conclusive evidence against all but such Owner of payment of any Maintenance Assessment or Special Assessment stated therein to have been paid.
Assessments and Special Assessments levied by the Community Association shall be used exclusively to promote the recreation, health, safety and welfare of the Owners and occupants of the community, and for the Improvements, maintenance and operation of the Community Common Elements of the Community. Maintenance
recreation, health, safety and welfare of the Owners and occupants of the community, and for the Improvements, maintenance and operation of the Community Common Elements of the Community. Maintenance Assessments levied by the Community Association for each fiscal year shall be adequate to finance the operations and activities of the Community Association, to satisfactorily maintain the Community Common Elements of the Community, and to establish and maintain adequate repair and replacement services including the maintenance and replacement of any landscaping installed or maintained by the Community Association. The use of the Maintenance Fund for any of these purposes is permissive and not mandatory. It is understood that the judgment of the Community Association as to the expenditure of said funds shall be final and conclusive so long as such judgment is exercised in good faith.
8.3 Basis and Maximum of Maintenance Assessment. Until January lst of the year immediately following the conveyance of the first Lot or Unit to an Owner, the maximum annual Maintenance Assessment by the Community Association shall be $900.00 per Lot or Unit. The Assessment may be less than such amount if the Declarant should determine that the above amount exceeds the then needs of the Community Association.
A. From and after January 1 of the year immediately following the conveyance of the first Lot or Unit of an Owner, the maximum annual Maintenance Assessment may be increased effective January 1 of each year without a vote of the membership of the greater of (i) ten percent (10%) per year over the previous year or (ii) the percentage increase, if any, for the one year period ending on the 20 yo: 2068 exec 345 first day of the preceding July in the Consumer Price Index (For
0%) per year over the previous year or (ii) the percentage increase, if any, for the one year period ending on the 20 yo: 2068 exec 345 first day of the preceding July in the Consumer Price Index (For All Urban Consumers [CPI~V], U.S. City Average, All Items 1982-84 = 100), or its successor index. If no successor index exists, then the Board may select a comparable index.
B. From and after January ist of the year immediately following the conveyance of the first Lot or Unit to an Owner, the maximum annual Maintenance Assessment for the succeeding year may be increased above that established by the greater of ten percent (10%) per annum or the Consumer Price Index formula by a vote of the Members, provided that any such change shall have the assent of two-thirds (2/3rds) of the votes of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. Such Members may vote to increase the maximum Maintenance Assessment for up to a two (2) year period. The limitations hereof shall not apply to any change in the maximum and basis of the Maintenance Assessment undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
c. After consideration of current maintenance costs and future needs of the Association, the Board may fix the annual Maintenance Assessment to an amount not in excess of the maximum hereinabove provided for. Subject to the provisions of this Section 8.3, if the Board levies a Maintenance Assessment in an amount less than the maximum amount for any calendar year, the Board by majority vote may thereafter levy one or more supplemental Maintenance Assessments during such calendar year if it determines
an amount less than the maximum amount for any calendar year, the Board by majority vote may thereafter levy one or more supplemental Maintenance Assessments during such calendar year if it determines that the "Functions" (as hereinafter defined) cannot be funded by such lesser Maintenance Assessment. In no event shall the sum of the initial and supplemental Maintenance Assessments for any calendar year exceed the maximum Maintenance Assessment permitted for that calendar year.
8.4 Speci Assessments for Capital Improvements. In addition to the Maintenance Assessment outlined above, there may be levied, assessed or charged against each Lot or Unit, by the Board and in favor of the Community Association, in any assessment year, a Special Assessment applicable to that year only (and for the following year only if approved by the Members as hereinafter provided) only for the purpose of defraying, in whole or in part, the cost of any repair or replacement of capital improvements comprising part of the Common Area, including, without limitations, fixtures and movable property related thereto, or any other major unanticipated cost incurred by the Association, provided that any such assessment shall have the assent of two-thirds (2/3rds) of the votes of each class of Members voting in person or by proxy at a meeting duly called for that purpose, after notice, and with a quorum, all as provided in Section 5.5. From and after January 1, 2010, a special assessment also may be imposed by the Board, in favor of the Community Association, in any assessment year for the cost of any construction or reconstruction of capital improvements comprising part of the Common Area, including, without limitation, fixtures and movable property related thereto.
ssment year for the cost of any construction or reconstruction of capital improvements comprising part of the Common Area, including, without limitation, fixtures and movable property related thereto.
8.5 Meeting, Notice and Quorum. Written notice (sent by regular U.S. mail, postage prepaid) of any Members meeting called for the purpose of taking any action authorized under Section 8.3 and 8.4 shall be provided to the Members no less than fifteen (15) days or more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence in person or by proxy of Members entitled to cast fifty percent (50%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, one or more subsequent meetings may be called subject to the same notice requirement, and the required quorum at any subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
21 8.6 Uniform Rate of Assessments. Maintenance Assessments and Special Assessments shall be fixed at a uniform rate for all Lots and Units except assessments on Commercial Property shall be made in accordance with Section 8.1A.
: ' ‘ g = ents. The Maintenance Assessments levied herein shall become effective as to all assessed Lots and Units on the first day of each month following the conveyance of the first Lot or Unit to a Class A or C Member. The initial Maintenance Assessment shall be adjusted according to the number of months remaining after such effective date in the calendar year in which such effective date falls. The board shall fix the amount of the Maintenance Assessment and any Special
ording to the number of months remaining after such effective date in the calendar year in which such effective date falls. The board shall fix the amount of the Maintenance Assessment and any Special Assessment against each Lot or Unit at least thirty (30) days in advance of each assessment period. Notice of an assessment shall be provided to the Owners subject thereto at least thirty (30) days before the date on which payment of the Maintenance Assessments (whether annual, semi-annual, quarterly or monthly) shall be established by the Board. However, failure by the Board to fix the Maintenance Assessment or Special Assessment for any year shall not be deemed a waiver with respect to any of the provisions of this Supplementary Declaration or a release of the liability of any Member to pay such Maintenance Assessment or Special Assessment or any installment thereof, for that or any subsequent year. [In the event of such failure by the Board, each Owner shall continue to pay the Maintenance Assessment established. The new Maintenance Assessment established by the Board shall be applied retroactively to the commencement of the then current assessment year, and the deficit, if any, shall be paid within thirty (30) days after receipt of a statement therefor.
8.8 ec a Vv fe) ibutions. Notwithstanding anything contained herein to the contrary, the Declarant shall not be required to pay the assessment on any Lots or Units owned by the Declarant; but in the event that a deficit may exist between the Maintenance Assessments and Special Assessments and the annual budget of the Association, the Declarant may elect (but shall not be obligated) to fund such deficit with a non-refundable contribution to the Association.
8.9 Nonpayment of Assessments. Non-use of Community Common
Association, the Declarant may elect (but shall not be obligated) to fund such deficit with a non-refundable contribution to the Association.
8.9 Nonpayment of Assessments. Non-use of Community Common Elements by Owner or occupant of a Lot or Unit assessed, or abandonment of a Lot or Unit assessed shall not relieve such Lot or Unit from liability for the Maintenance Assessment, Special Assessment or any other assessment imposed pursuant to this Article 8.
8.10 Subordination of the Lien. The liens granted herein and the superior title herein reserved to secure any Maintenance Assessment, Special Assessment, Reimbursement Assessment or any other charge or assessment provided for herein shall be deemed subordinated to any vendor's lien or the lien of any purchase money, construction mortgage and/or second mortgage on the assessed Lot or Unit, as applicable, and any renewal, extension, rearrangement or refinancing thereof.
Each such mortgagee of a mortgage encumbering a Lot or Unit who obtains title to such Lot or Unit pursuant to the remedies provided in the Deed of Trust or Mortgage, by judicial foreclosure or by deed in lieu of foreclosure shall take title to such property free and clear of any claims for unpaid Maintenance Assessments, Special Assessments, Reimbursement Assessment or any other charge or assessment provided for herein which accrued prior to the time such holder acquires title to such property. No such sale or transfer shall release such holder acquiring title to such property from liability for any Maintenance Assessment, Special Assessment, Reimbursement Assessment or any other charge or assessment provided for herein thereafter becoming due or from the liens hereof. Any other sale or transfer of a Lot or Unit shall not affect the
sment, Reimbursement Assessment or any other charge or assessment provided for herein thereafter becoming due or from the liens hereof. Any other sale or transfer of a Lot or Unit shall not affect the Association's liens created herein for assessments and charges.
22 : 8.11 Exempt Property. The following property subject to this Supplementary Declaration shall be exempt from the Maintenance Assessments and all other charges and assessments created herein: (a) All properties dedicated to and accepted by a local public authority; (b) The Common Area and Community Common Elements; and (c) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Texas, however, no land or Improvements devoted to dwelling use shall be exempt from said Maintenance Assessments or other charges and assessments.
8.12 Additional Assessments, Charges, Etc, The maintenance assessments, special assessments or other charges are in addition to and not in lieu of any maintenance assessments, special assessments or other charges contained in the Declaration. The Owner of a Lot or Unit in the Community will be required to pay the assessments levied in accordance with the Declaration and also this Supplementary Declaration.
9. SSO S ND_V GHTS: 9.1 Members. Every Owner of a Lot or Unit in the Community shall be a Member of the Community Association which Declarant is causing to be formed concurrently with this Supplementary Declaration. With respect to the Owners, membership shall be appurtenant to and may not be separated from ownership of any Lot or Unit. The Owner of each Lot or Unit in the Community shall also be a member of the Association.
9.2 classes. The Community Association shall have two classes of voting membership:
ership of any Lot or Unit. The Owner of each Lot or Unit in the Community shall also be a member of the Association.
9.2 classes. The Community Association shall have two classes of voting membership: A. Class A Members shall be Commercial-Builders and other Owners, with the exception of the Declarant as long as Declarant is a Class B Member, and shall have voting rights as provided below.
B. Class B Members shall be the Declarant and shall have voting rights as provided below for each Lot or Unit owned. The Class B membership of Declarant shall terminate and be converted to Class A membership on the happening of the earliest of the following events (herein referred to as the "Control Transfer Date"), but in no event prior to January 1, 2020 (unless the Declarant elects to terminate such Class B membership status on or before January 1, 2020): (i) when the total votes of Class A Members equal the total votes of Class B Members; provided, however, that Declarant's Class B status automatically shall be restored in the event that additional properties are hereafter annexed into the Community by Declarant which has the effect of causing the total Class B votes to exceed the total Class A votes, or; (ii) on December 31, 2021.
Additionally, if the Declarant annexes into the jurisdiction of the Association more than twenty (20) acres of additional Annexable Land at any time prior to the Control Transfer Date, then the earliest possible date for the Control Transfer Date to occur pursuant to (i) above automatically shall be extended for additional periods of five (5) years each, commencing on January 1, 2020 for every twenty (20) acres of additional Annexable Land annexed into the Pebble Creek Development by Declarant.
23 vo: 2068 mse 348 9.3 Determination of Voting Rights.
, commencing on January 1, 2020 for every twenty (20) acres of additional Annexable Land annexed into the Pebble Creek Development by Declarant.
23 vo: 2068 mse 348 9.3 Determination of Voting Rights.
A. Class A Members shall be entitled to one (1) vote for each Lot or Unit owned.
B. Class B Members shall be entitled to nine (9) votes for each Lot or Unit owned; provided, however, that in the event a Lot or Unit exceeds one (1) acre, the Class B Member shall be entitled to (9) votes for each full acre of land in said Lot or Unit. If Declarant hereafter subjects Annexable Land or Additional Annexable Land to the terms of this Supplementary Declaration, but such land has not be subdivided or platted, Declarant shall be entitled to nine (9) votes for each full acre of such land so annexed.
9.4 Multiple Owners of a Lot or Unit. When more than one (1) Person owns an interest in a Lot or Unit, all such Persons shall be Members, however, there shall be but one vote for each Lot or Unit owned by Class A Members. The vote of such Lot or Unit shall be exercised as they determine and so notify the Association in writing (with the most recent written notification controlling).
After a Person is designated by the Members as_ the representative of such Members, the Board shall have the right to rely on such designation until a written notice revoking such appointment, signed by all of the Owners of such Lot, is received by the Board. If the Owners are unable to agree upon one of their number to be designated as their representative to the Association, then none of such Owners shall have any vote, fractional or otherwise, in the Association.
9.5 Members' Rights of Enjoyment. Every Member shall have a beneficial interest of use and enjoyment in and to the Common Area
Owners shall have any vote, fractional or otherwise, in the Association.
9.5 Members' Rights of Enjoyment. Every Member shall have a beneficial interest of use and enjoyment in and to the Common Area of the Community and such right shall be appurtenant to and shall pass with the title to every assessed Lot or Unit, subject to the following provisions: (a) the right of the Community Association, with respect to any facilities situated upon the Common Area, to limit the number of guests and Members; (b) the right of the Community Association to charge reasonable admission and other fees for the use of any facility situated upon the Common Area; (c) the right of the Community Association, in accordance with its Articles of Incorporation and By-Laws (and subject to the prior written approval of the Declarant) to (i) borrow money for the purpose of improving and maintaining the Community Common Area and facilities (including borrowing from the Declarant or any entity affiliated with the Declarant) and (ii) mortgage said property, however, the rights of such mortgagee of said property shall subordinate to the rights of the Owners hereunder ; (d) the right of the Community Association to suspend the Member's voting rights and the Member's and "Related User's" (as hereinafter defined) right to use any facilities situated upon the Community Common Area during any period in which the Maintenance Charge or any assessment against his Lot or Unit remains unpaid; (e) the right of the Community Association to suspend the Member's voting rights and the Member's and Related User's right to use any facilities situated upon the Community Common Area, after notice and hearing by the Board for the infraction or violation by such Member or Related User of this Supplementary
d User's right to use any facilities situated upon the Community Common Area, after notice and hearing by the Board for the infraction or violation by such Member or Related User of this Supplementary Declaration or the Rules and Regulations established for the Community, which suspension shall continue for the duration of such 24 vor 2068 ox: 849 infraction or violation, plus a period not to exceed sixty (60) days following the cessation or curing of such infraction or violation; and (f) the right of the Community Association, subject to the prior written approval of the Declaration and prior to the Control Transfer Date, to dedicate or transfer all or any part of the Community Common Area to public agency, authority or utility.
9.6 Delegation of Use. Any Member may delegate, in accordance with the By-Law, his right of enjoyment to the Community Common Elements and facilities to the members of his "family" (defined herein as those members of the Member's immediate family living in the Member's residence), his tenants, or contract purchasers who reside on the Lot or Unit (collectively the "Related Users"). If a Member leases his Lot or Unit to a tenant, the tenant, but not the Member, shall have the exclusive privilege of enjoyment of the Common Area and facilities of the Association during the term of the said tenant's tenancy.
10. s OW COMM ssoc ON: 10.1 General Duties and Power of the Community Association.
The Community Association has been or is being formed to further the common interest of the Members of the Community. The Community Association, acting through the Board or through persons to whom the Board has delegated such powers (and subject to the provisions of the By-Laws), shail have the duties and powers hereinafter set
ty Association, acting through the Board or through persons to whom the Board has delegated such powers (and subject to the provisions of the By-Laws), shail have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interests of the Members of the Community, to maintain, improve and enhance the Community Common Area and to improve and enhance’ the attractiveness, desirability and safety of the Community and any portion of the Annexable Land which becomes subject to the jurisdiction of the Community Association. The Community Association shall have the authority to act as the agent and attorney~in-fact for all Members of the Community Association and to enter into any and all contracts on behalf of the Members of the Community Association in order to carry out the duties, power and obligations of the Community Association as set forth in this Supplementary Declaration.
10.2 to cept he Communit Common ements an Facilities Transferred by Declarant. The Community Association shall accept title to any property, including any Improvements thereon and personal property transferred to the Community Association by Declarant, and equipment related thereto together with the responsibility to perform any and all administrative and maintenance functions and recreation functions associated therewith (collectively herein referred to as "Functions"), provided that such property and Functions are no inconsistent with the terms of this Supplementary Declaration. Property interests transferred to the Community Association by Declarant may include fee simple title, easements, leasehold interests and licenses to use such property. Any property or interest in property transferred to the
ferred to the Community Association by Declarant may include fee simple title, easements, leasehold interests and licenses to use such property. Any property or interest in property transferred to the Community Association by Declarant shall be within the boundaries of the Community or Annexable Land. Any property or interest in property transferred to the Community Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Board, be transferred to the Community Association free and clear of all liens and mortgages (other than the lien for property taxes and assessments not then due and payable), but shall be subject to the terms of the Declaration, the terms of this Supplementary Declaration, and all easements, covenants, conditions, restrictions and other encumbrances which do not materially affect the use and enjoyment of such property by the Community Association or by the Owners authorized to use such property. Except as otherwise specifically approved by resolution of the Board, no property or interest in property transferred to the Community Association by the Declarant shall impose upon the 25 community Association any obligation to make monetary to Declarant or any affiliate of Declarant including, but not limited to, any payments to purchase price, rent, charge or fee.
10.3 Duty to Manage and Care for the Community Common Elements. The Community Association shall manage, operate, care for, maintain and repair all Community Common Elements and keep the same ina safe, attractive and desirable condition for the use and enjoyment of the Members of the Community. The duty to operate, manage and maintain the Community Common Elements may or may not include the following: establishment, operation and maintenance of
and enjoyment of the Members of the Community. The duty to operate, manage and maintain the Community Common Elements may or may not include the following: establishment, operation and maintenance of a guardhouse and/or security patrol for the Community; operate recreational facilities; landscaping (including the installation and maintenance of a sprinkler system); maintenance, repair and replacement of any private roads and private streets (if any), roadside ditches and culverts, culvert pipes underneath streets, bridges, traffic control Improvements (traffic signals and street lights); maintenance and operation of any lakes; and mowing of street right-of-ways and roadside ditches.
10.4 Duty to Pay Taxes. The Community Association shall pay all taxes and assessments levied upon the Community Common Elements and shall have the right to contest any such taxes or assessments provided that the Community Association shall contest the same by appropriate legal proceedings which shall have the effect of preventing the collection of the tax or assessment or the foreclosure of any lien for such tax or assessment, and provided that the Community Association shall keep and hold sufficient funds to pay and discharge the taxes and assessments, together with any interest and penalties which may accrue with respect thereto, if the contest of such taxes is unsuccessful.
10.5 10 Qo Maintain Casualty Insurance. The Community Association shall obtain and keep in full force and effect at all time, to the extent reasonably obtainable, casualty, fire and extended coverage insurance with respect to all insurable Improvements and personal property owned by the Community Association, including coverage for vandalism and malicious
able, casualty, fire and extended coverage insurance with respect to all insurable Improvements and personal property owned by the Community Association, including coverage for vandalism and malicious mischief and, if available and if deemed appropriate, coverage for flood, earthquake and war risk. Casualty, fire and extended coverage insurance with respect to insurance Improvements shall, to the extent reasonably obtainable, be for the full insurance value based on current replacement cost.
10.6 Disbursement of Proceeds. Proceeds of insurance policies shall be used to replace, repair or reconstruct damaged portions of the Community Common Elements. Any proceeds remaining after defraying such costs of repairs, replacement or reconstruction of the Community Common Elements shall be retained by and for the benefit of the Community Association. This is a covenant for the benefit of any mortgagee of a Lot and may be enforced by such mortgagee.
10.7 Damage and Destruction. Immediately after the damage or destruction by fire or other casualty. to all or any part of the Community Common Elements covered by insurance written in the name of the Community Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates for the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction as used in this Section 8.7 means repairing or restoring the damaged or destroyed property to substantially the same condition in which it existed prior to the fire or other casualty.
10.8 Repair, Replacement and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be
the same condition in which it existed prior to the fire or other casualty.
10.8 Repair, Replacement and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired, replaced or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a vote of the Members, levy a Special Assessment 26 against all Owners in proportion to the number of Lots in the Community owned by such Owners. Additional assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from said Special Assessment exceed the cost of such repair, replacement or reconstruction, such excess shall be deposited for the benefit of the Community Association.
10.9 Duty to Maintain Liability Insurance. The Community Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, broad form comprehensive liability insurance covering public liability for bodily injury and property damage including, but not limited to, public liability for bodily injury and property damage arising as a result of the ownership and operation of motor vehicles.
10.10 General Provisions Respecting Insurance. Insurance obtained by the Community Association may contain such deductible provisions as good business practice may dictate. Insurance obtained by the Community Association shall, to the extent reasonably possible without undue cost, contain a waiver or rights of subrogation as against the Association, each Member and any person claiming by, through or under such Member and as against any officer, director, agent or employee of any of the foregoing.
rights of subrogation as against the Association, each Member and any person claiming by, through or under such Member and as against any officer, director, agent or employee of any of the foregoing.
Insurance obtained by the Community Association shall, to the extent reasonably possible, and provided Declarant reimburses the Association for any additional premium payable on account thereof, name Declarant as an additional insured and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and insurance coverage shall be reviewed at least annually by the Board to ascertain whether coverage under the policies is sufficient in the light of the current values of the Community Common Area and in light of the possible or potential liabilities of the Community Association. Casualty, fire and extended coverage insurance may be provided under blanket policies covering the Common Area and other property of Declarant.
10.11 Other Insurance and Bonds. The Community Association shall obtain such other insurance as may be required by law, including workmen's compensation insurance, and shall have the power to obtain director's insurance and such other insurance and such fidelity, indemnity or other bonds as the Community Association shall deem necessary or desirable.
10.12 Duty to Prepare Budgets. The Community Association shall prepare budgets for the Community Association, which budget shall include a reserve fund for the maintenance of all Community Common Area.
10.13 t a ° ct es h es and Assessments.
The Community Association shall levy, collect and enforce the Maintenance Assessments, Special Assessments and other charges and assessments as elsewhere provided in this Supplementary Declaration.
s.
The Community Association shall levy, collect and enforce the Maintenance Assessments, Special Assessments and other charges and assessments as elsewhere provided in this Supplementary Declaration.
10.14 Power to Acquire Property and Construct Improvements.
The Community Association may acquire property or an interest in property (including leases) for the common benefit of Owners of Lots or Units in the Community including Improvements and personal property. The Community Association may construct Improvements on the Property and may demolish existing Improvements.
10.15 Power to Adopt Rules and Regulations. The Community Association may adopt, amend, repeal and enforce rules and regulations ("Rules and Regulations"), fines, levies and enforcement provisions as may be deemed necessary or desirable with respect to the interpretation and implementation of this Supplementary Declaration, the operation of the Community Association, the use and enjoyment of the Community Common Elements and the use of any other property within the Community Common 27 vo: 2068 rss: 352 Elements, including Lots. Any such Rules and Regulations shall be reasonable and uniformly applied (as to all Owners of the Community, if applicable, and to Owners of similarly restricted Lots). Such Rules and Regulations shall be effective only upon adoption by resolution of the Board. Notice of the adoption, amendment or repeal of any Rule and Regulation shall be given by posting any such Rule or Regulation for thirty (30) days after the date of adoption in the Community Association office, and copies of the currently effective Rules and Regulations shall be made available to each Member upon request and payment of the reasonable expense of copying the same. Each Member shall comply with such
opies of the currently effective Rules and Regulations shall be made available to each Member upon request and payment of the reasonable expense of copying the same. Each Member shall comply with such Rules and Regulations shall have the same force and effect as if they were set forth in and were part of the Declaration. In the event of conflict between the Rules and Regulations and the provisions of the Declaration, the provisions of the Declaration shall prevail.
Regulations. The Community Association or the Declarant (and any Owner with respect only to the remedies described in (ii) or (iii) below) shall have the power to enforce the provisions of this Supplementary Declaration and the Rules and Regulations and shall take such action as the Board deems necessary or desirable to cause such compliance by each Member and each "Related User" (defined herein as a Member's tenant, guest, invitee or contract purchaser who occupies the Owner's Lot or Unit). Without limiting the generality of the foregoing, the Community Association shall have the power to enforce the provisions of this Supplementary Declaration and the Rules and Regulations of the Community Association by any one or more of the following means: (i) by entry upon any property within the Community after notice and hearing (unless a bona fide emergency exists in which event this right of entry may be exercised without notice [written or oral] to the Owner in such manner as to avoid any unreasonable or unnecessary interference with the lawful possession, use or enjoyment of the Improvements situated thereon by the Owner or any other person), without liability by the Community Association to the Owner thereof, for the purpose of enforcement of this
on, use or enjoyment of the Improvements situated thereon by the Owner or any other person), without liability by the Community Association to the Owner thereof, for the purpose of enforcement of this Supplementary Declaration or the Rules and Regulations; (ii) by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Supplementary Declaration or the Rules and Regulations, by mandatory injunction or otherwise; (iii) by commencing and maintaining actions and suits to recover damages for breach of any of the provision of this Supplementary Declaration or the Rules and Regulations; (iv) by exclusion, after notice and hearing, of any Member or Related User from use of any recreation facilities within the Community Common Area during and for up to sixty (60) days following any breach of this Supplementary Declaration or such Rules and Regulations by such Member or any Related User, unless the breach is a continuing breach in which case such exclusion shall continue for so long as such breach continues; (v) by suspension, after notice and hearing, of the voting rights of a Member during and for up to sixty (60) days following any breach by such Member or a Related User of a provision of this Supplementary Declaration or such Rules and Regulations, unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues; (vi) by levying and collecting, after notice and hearing, an assessment against any Member for breach of this Supplementary Declaration or such Rules and Regulations by such Member or a Related user (which assessment reimburses the Community Association for the costs incurred by the
Member for breach of this Supplementary Declaration or such Rules and Regulations by such Member or a Related user (which assessment reimburses the Community Association for the costs incurred by the Community Association occasioned by the conduct of an Owner or by the family, tenants, agents, guests or invitees of any Owner), such assessment being hereinafter referred to as the "Reimbursement Assessment"; (vii) by levying and collecting, after notice and hearing, reasonable and uniformly applied fines and penalties, from any Member or Related User for breach of this Supplementary Declaration or such Rules and Regulations by such Member or a Related User; ,and (viii) by taking action itself to cure or abate 28 such violation and to charge the expenses thereof, if any, to such violating Members, plus attorney's fees incurred by the Community Association with respect to exercising such remedy. The Reimbursement Assessment provided for in this Section 10.16 shall be levied by the Board and the payment thereof enforced in the same manner as the payment of Maintenance Assessments.
Before the Board may invoke the remedies provided above, it shall give registered notice of such alleged violation to Owner and afford the Owner a hearing, as more particularly described in the By-Laws. If, after the hearing, a violation is found to exist, the Board's right to proceed with the listed remedies shall become absolute. Each day a violation continues shall be deemed a separate violation. Failure of the Association, the Community Association, the Declarant, or of any Owner to take any action upon any breach or default with respect to any of the foregoing violations shall not be deemed a waiver of their right to take
Community Association, the Declarant, or of any Owner to take any action upon any breach or default with respect to any of the foregoing violations shall not be deemed a waiver of their right to take enforcement action thereafter or upon a subsequent breach or default.
10.17 Power to Provide Public Functions. The Community Association shall have the power, but no obligation, to acquire, construct, operate, manage, maintain, repair and replace utilities, and additional public facilities, and to provide other Functions as more particularly described in this Declaration.
Community Association shall have the power, but no obligation, to provide services to a Member or group of Members. Any service to a Member or group of Members shall be provided pursuant to an agreement in writing, which shall provide for payment to the Community Association by such Member or group of Members of the reasonably estimated costs and expenses of the Association for providing such services, including its proportionate share of the overhead expenses of the Community Association and shall contain reasonable provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors or assigns of the Member or group of Members and that the payment for such services shall be secured by a lien on the property of the Member or group of Members as provided for in this Supplementary Declaration.
10.19 Power to Grant Easements. In addition to any blanket easements described in this Supplementary Declaration, the Community Association or the Declarant shall have the power to grant access, utility, drainage, water facility and other such easements in, on, over or under the Community Common Elements.
ration, the Community Association or the Declarant shall have the power to grant access, utility, drainage, water facility and other such easements in, on, over or under the Community Common Elements.
Additionally, the Community Association, from and after the Control Transfer Date, shall have the power to grant access, utility, drainage, water facility and other similar easements in, on, over and under the portion of such Lots within the restricted building setback area provided that such easements do not unreasonably interfere with the Owners' use and enjoyment of such Lots.
10.20 Powe o Co an dicate Property to Governme - The Community Association or the Declarant shall have the power to grant, convey, dedicate or transfer any Community Common Elements (including private streets and roads) or facilities to any public or governmental agency or authority for such purposes and subject to such terms and conditions as the Community Association or the Declarant shall deem appropriate, which power may be exercised (i) prior to the Control Transfer Date by the Board and (ii) from and after the Control Transfer Date by the Community Association, with the approval of not less than twothirds (2/3rds) of the Class A and B Members agreeing in writing or by voting at any scheduled meeting of the Class A and B Members and with the prior written approval of the Declarant. The Community Association or the Declarant may, subject to the limitations of the 29 vo. 2068 exc: 354 preceding sentence, convey property to a public or governmental agency or authority in lieu of such property being condemned by such public or governmental agency or authority.
10.21 Power _to Borrow Money and Mortqage Community Common Elements. The Community Association, with the prior written
such property being condemned by such public or governmental agency or authority.
10.21 Power _to Borrow Money and Mortqage Community Common Elements. The Community Association, with the prior written approval of the Declarant prior to the Control Transfer Date, shall have the power to borrow money (including, without limitation, borrowing money from Declarant) and to encumber the Community Common Elements as security for such borrowing, subject to the limitations provided elsewhere in this Supplementary Declaration and the By-Laws with respect to required approvals and consents to such action. With respect to any deed of trust encumbering the Community Common Elements, the lender's rights thereunder shall be limited to the right, after taking possession of such Community Common Elements following the lender's foreclosure of the deed of trust, to charge reasonable admission and other fees as a condition to the continued enjoyment thereof by the Members of the Community, if necessary, until the mortgage debt is satisfied, whereupon the exclusive possession of such Community Common Elements shall be returned to the Community Association.
10.22 Power to Employ Manager. The Community Association shall have the power to retain and pay for the services of a Manager or managers to undertake the management of any of the Functions for which the Community Association has responsibility under this Supplementary Declaration to the extent deemed advisable by the Community Association, and may delegate any of its duties, power or functions to any such manager. Notwithstanding any delegation to a manager of any duties, powers or functions of the Community Association, the Community Association and its Board shall remain ultimately responsible for the performance and
tanding any delegation to a manager of any duties, powers or functions of the Community Association, the Community Association and its Board shall remain ultimately responsible for the performance and exercise of such duties, powers and functions. The Community Association may also contract with the Association to perform any of the Functions for which the Association has responsibility.
10.23 Power to Engage Emplovees, Agent and Consultants. The Community Association shall have the power to hire and discharge employees and agents and to retain and pay for legal, accounting and other professional services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Community Association under this Supplementary Declaration.
10.24 Power to Approve Annexation of Property. Each Owner, by acceptance of a Deed to a Lot or Unit, whether or not it shall be expressed in any such Deed or other conveyance instrument, agrees that the Community Association, by and through the Board, has the power to represent all Owners within the Community with respect to annexation into the City of College Station, Texas, and execute any instruments in connection with such annexation. Each Owner hereby expressly waiver such Owner's right to oppose such annexation if approved by the Board.
10.25 General Corporate Powers. The Community Association shall have all of the ordinary powers and rights of a Texas nonprofit corporation formed under the laws of the State of Texas, including, without limitation, entering into partnership and other agreements, subject only to such limitations upon such powers as may be set forth in this Supplementary Declaration, the Articles of Incorporation or By-Laws. The Community Association shall also
ther agreements, subject only to such limitations upon such powers as may be set forth in this Supplementary Declaration, the Articles of Incorporation or By-Laws. The Community Association shall also have the power to do any and alli lawful things which may be authorized, required or permitted to be done under. this Supplementary Declaration, the Articles of Incorporation and ByLaws and to do and perform any and ali acts which may be necessary desirable for, or incidental to, the exercise of any of the express powers or rights of the Community Association under this Supplementary Declaration, the Articles of Incorporation and ByLaws.
30 va. 2UG8 exec 355 11. NOTICE OF SALE OF LOT OR UNIT: CERTIFICATE OF COMPLIANCE: 11.1 Notification of Sale of Lot or Unit. When a contract for the sale by an Owner other than a Declarant of a Lot or Unit in the Community has been executed, the selling Owner of the Lot or Unit shall give the Board reasonable written notification of the date, time and place of the closing of the sale. Thereupon the Board may prepare a certificate of compliance as provided in Section 9.2 and deliver it within a reasonable time to the place of closing. Outstanding assessments and charges, if any, and reasonable costs for correcting any other non-compliance, if any, shall be deducted from the selling Owner's account at the closing and transmitted directly to the Community Association.
11.2 Certificate of Compliance. The Community Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Community Association setting forth whether or not the Community Assessments and any charges on a specified Lot or Unit have been paid as of the date of the preparation of such certificate. A properly executed
Association setting forth whether or not the Community Assessments and any charges on a specified Lot or Unit have been paid as of the date of the preparation of such certificate. A properly executed certificate of the Community Association as to the status of a Lot or Unit shall be binding upon the Community Association as of the date of its issuance, but not on the Association.
12. GENERAL PROVISIONS: 12.1 Severability. Invalidation in any one of the provisions of this Declaration shall not affect any other provisions hereof, which shall remain in full force and effect.
12.2 Term. The provisions of this Supplementary Declaration shall constitute covenants running with the land and shall be binding upon all future owners, transferees and lessees thereof, and their successors and assigns, for a term of forty (40) years form the date of this Supplementary Declaration, after which time the provisions of this Supplementary Declaration automatically shall be extended for up to three (3) successive periods of ten (10) years each unless terminated as provided in Section 10.4 12.3 Resubdivision. In the event that any Lot or Unit is resubdivided or submitted to a condominium regime, the plan of resubdivision or condominium plat filed in the Office of the County Clerk of Brazos County, Texas, shall make specified reference to this Supplementary Declaration, but its failure to do so shall not affect the applicability of the provisions hereof to any such Lot or Unit.
12.4 Amendment by Members. This Supplementary Declaration may be amended or changed, in whole or in part, at any time within forty (40) years of the date of this Supplementary Declaration by a written instrument signed by those Members (including the Declarant) in the Community holding not less than sixty-seven
time within forty (40) years of the date of 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%) of the total votes of each class of Members in the Community; and, thereafter, by a written instrument signed by those Members (including the Declarant) in the Community holding not less than fifty percent (50%) of the total votes of each class of Members in the Community. If the Declaration is amended by written instrument signed by the requisite number of Members of this Community, such amendment must be approved by said Members within three hundred sixty-five (365) calendar days of the date of the first Member executes such amendment. The date a Member's signature is acknowledged shall constitute prima facia evidence of 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 ali such Members at least ten (10) days and not more than sixty (60) days in advance and shall 31 vor 20B8 exc: 356 set forth the purpose of such meeting. Notwithstanding any provision contained in the Association By-Laws to the contrary, a quorum, for 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 shall become effective when an instrument is filed for record in the
ess than seventy percent (70%) of all of the Members of this Community (in person or by proxy) entitled to vote. Any such amendment shall become effective when an instrument is filed for record in the Office of the County Clerk of Brazos County, Texas, accompanied by a certified, signed by a majority of the Board, stating that the required number of Members of this Community (including the Declarant) executed the instrument amending this Supplementary Declaration or cast a written vote, in person or by proxy, in favor of said amendment at the meeting called for such purpose. Copies of the written ballots pertaining to such amendment shall be retained by the Association for a period of not less than three (3) years after the date of filing of the amendment.
12.5 Amendment by the Declarant. The Declarant shall have and reserves the right at any time and from time to time prior to the Control Transfer 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 filed for record for the purpose of correcting any typographical or grammatical error, oversight, ambiguity or inconsistency appearing herein, provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Supplementary Declaration and the Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or his mortgagee. Additionally, Declarant shall have and reserves the right at any time and from time to time prior to the Control Transfer 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
me to time prior to the Control Transfer 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 filed for record for the purpose of permitting the Owners to enjoy the benefits from technological advances, such as security, communications or energy-related devices or equipment which did not exist or were not in common use in residential subdivision at the time this Declaration was adopted. Likewise, the Declarant shall have and reserves the right at any time and from time to time prior to the Control Transfer 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 filed for record for the purpose of prohibiting the use of any device or apparatus developed and/or available for residential use following the date of this Supplementary Declaration if the use of such device or apparatus will adversely affect the Association or the Community Association or will adversely affect the property values within the Community.
12.6 e 's s_and Prerogatives. Prior to the Control Transfer Date, the Declarant may file a statement in the Office of the County Clerk of Brazos County, Texas, which expressly provides for the Declarant's (i) discontinuance of the exercise of any right or prerogative provided for in this Supplementary Declaration to be exercised by the Declarant or (ii) assignment to any third party owning property in the Pebble Creek Development, or to the entity owning the Country Club, of one or more of Declarant's specific rights and prerogatives provided in this Supplementary Declaration to be exercised by Declarant. The
Creek Development, or to the entity owning the Country Club, of one or more of Declarant's specific rights and prerogatives provided in this Supplementary Declaration to be exercised by Declarant. The assignee designated by Declarant to exercise one or more of Declarant's rights or prerogatives hereunder shall be entitled to exercise such right or prerogative until the earlier to occur of the (a) Control Transfer Date or (b) date that said assignee files a statement in the Office of the County Clerk of Brazos County, Texas, which expressly provides for said Assignee's discontinuance of the exercise of said right or prerogative. From and after the date that the Declarant discontinues its exercise of any right or prerogative hereunder and/or assigns its right to exercise one or 32 voi 2UB8 prc 957 Wi KLUUOPEE JOS 34 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 assignment of the exercise of said right(s) or prerogative(s).
12.7 Disclaimer for Errant Golf Balls. Land subject to this Supplemental Declaration is intended for 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 gold 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 for any injury or damage whatsoever caused by such golf balls.
12.8 Gender. Wherever in this Supplementary Declaration the
may not hold liable any planner, developer, constructor, or any other person for any injury or damage whatsoever caused by such golf balls.
12.8 Gender. Wherever in this Supplementary Declaration the context so requires, the singular number shall include the plural, an@ the converse; and the use of any gender shall be deemed to include all genders.
12.9 Headings. The headings and any table of contents contained in this Supplemental Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation hereof.
12.10 Declarant's Rights to Complete Development of Community. No provision of this Supplementary Declaration shall be construed to prevent or limit Declarant's right or require Declarant to obtain any approval to (i) complete development of the property within the boundaries of the Community; (ii) construct, alter, demolish or replace Improvements on any property owned by Declarant within the Community; (iii) maintain model homes, storage areas, offices for construction, initial sales, resales or leasing purposes or similar facilities 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 of the property within the boundaries of the Pebble Creek Development, of (v) excavate, cut, fill or grade any property within the Community owned by Declarant. Additionally, no provision of this Supplemental Declaration shall require Declarant to seek or obtain the approval of the Architectural Committee or of the Association or Community Association for any such activity or Improvement on any property owned by Declarant. Nothing in this Section 10.10 shall limit or impair the reserved rights of
ittee or of the Association or Community Association for any such activity or Improvement on any property owned by Declarant. Nothing in this Section 10.10 shall limit or impair the reserved rights of Declarant elsewhere provided in this Supplementary Declaration or in the Declaration.
12.11 Declarations Construed Together. All of the provisions of this Supplementary Declaration shall be liberally construed together with the Declaration to promote and effectuate the fundamental concepts of the development of this Community and the Pebble Creek Development, as set forth in the Declaration.
12.12 Persons Entitled to Enforce Supplementary Declaration.
The Community Association, acting by authority of the Board, and any member of the Community Association shall have the right to enforce any and all of the provisions, covenants and restrictions contained in this Supplementary Declaration against any property within this Community and the Owner thereof. The right of 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 Community 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 of the provisions of the Declaration.
12.13 Violations of Law. Any violation of any federal, state, municipal or local law, ordinance, rule or regulation, 33 pertaining to the ownership, occupation or use of any property within the Community hereby is declared to be a violation of this Supplementary Declaration and shall be subject to any and al) of the enforcement procedures set forth or referred to in this Supplementary Declaration.
ity hereby is declared to be a violation of this Supplementary Declaration and shall be subject to any and al) of the enforcement procedures set forth or referred to in this Supplementary Declaration.
12.14 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 reasonable attorney's fees.
12.15 No Representations or Warranties. No representations or warranties of 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 of the Community, or any Improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the Pebble Creek Development, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as specifically set forth in writing.
12.16 Limitation on Liability. Neither the Association, the Community Association, the Board, the Architectural Committee, Declarant, or any officer, agent, or employee of any of the same acting within the scope of their respective duties described in this Supplementary Declaration shall be liable to any Person for any reason or for any failure to act if the action or failure to act was in good faith and without malice.
Executed this SE“ aay of March, 1994.
PEBBLE CREEK DEVELOPMENT COMPANY aye Davis M¢ Yoyfig, Vice President Attest: Molly youny, Nt Secretary STATE OF TEXAS § § COUNTY OF BRAZOS § This instrument was acknowledged before me on this the ##Z% day of March, 1994, by Davis M. Young, Vice President of Pebble Creek Development Company, a corporation, on behalf of said corporation.
5
§ This instrument was acknowledged before me on this the ##Z% day of March, 1994, by Davis M. Young, Vice President of Pebble Creek Development Company, a corporation, on behalf of said corporation.
5 ae, : AV.
Notary PubYic, State of Texas _ My Commission Expires: 14) Yes KAY DODSON 34 vo. 2UB8 esse 359 Stonebriar Circle of p J soe woe 3 { Be =) sace soe 3 5 att} 10 i i oe = i é a 121 V0: COGS race 360 7 } 1 § BAS a = > " it ry Si} ai 4 yp u 3i i u of 107 1, 4 soo ty CJ fh sara 74 fd] ef ah 08 ae seo J 8 p 12i Wi * No Sede Joe Ort, Inc, oe mae, oe Phase 2A College Station, Texca Pebble Creek Moy 1003 a) moe tee eae fen tow Jd oe Pebble Phase =) sco swww oC - mn 40° Alley (public) Swrxew « - ner Pebble Creek Parkway i (@ Denotes Front of Lot