wi St ie SUPPLEMENTARY DECLARATION OF EASEMENTS, RESTRICTIONS, AND COVENANTS FOR PHASE 11A OF THE PEBBLE CREEK DEVELOPMENT SUPPLEMENTARY DECLARATION OF UNITED STATES OF AMERICA § EASEMENTS, RESTRICTIONS, AND § § COUNTY OF BRAZOS § STATE OF TEXAS COVENANTS FOR PHASE 11A OF THE PEBBLE CRKEEK DEVELOPMENT Corporation, hereinafter referred to as the "Declarant", represented herein by its President, Davis M. Young. The address of the Declarant is FO Box 10660, College Station, TX 77842.
WHEREAS, Declarant declares that it is the owner of certain real property situated in Brazos County, Texas, described as set forth on Exhibit "A" annexed hereto and made a part hereof (said property being hereinafter sometimes referred to as the "Exhibit A Property"); and WHEREAS, Declarant has recorded the "Declaration" (as hereinafter defined) in the Records of the County Clerk of Brazos me 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, ons a 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 accommodating a mix of single family residential dwellings pursuant to a common and general plan for
ts 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 Ce thereof; and 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 pute 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 Declaration or any portion thereof, and their respective heirs, successors, successorsin-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.
EFINITIONS as used herein, the following terms shall have the following meanings: 1.1 as "Owners' Association shall mean that automatic membership; Texas non-profit corporation made up of those persons defined in the Declaration, and called the Pebble Creek Owners Association, Inc.
" Board shall mean the Board of Directors of the Association.
1.3 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.
4 Common Area shall mean all real property (including but not limited to the improvements and personal property
rpose of building improvements thereon, and the subsequent sale or rental for occupancy.
4 Common Area shall mean all real property (including but not limited to the improvements and personal property thereon and assessments) owned, held or maintained by the Association for the common use and enjoyment of the Owners and occupants of Lots and Units.
13 Community shall mean Phase 11A of the Pebble Creek Development according to the plats (collectively, the "Plat") of such subdivision recorded in the Office of the County Clerk of Brazos County, Texas, as amended from time to time.
- 1.6 Declarant shall mean Pebble Creek Land Company, and its successors and assigns. A person or entity shall be deemed a.successor and assign of Pebble Creek Land Company, as Declarant only if such person or entity is specifically designated |in a duly recorded instrument as a successor and assign of Declarant under this Declaration, and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in such written instrument. However, a successor to Pebble Creek Land Company, by consolidation or merger shall automatically be deemed a successor or assign of Pebble Creek Land Company, as Declarant under this Declaration.
2 1.7 Declaration shall mean (i) that certain Declaration of Easements, Restrictions, and Covenants for The Pebble Creek Development recorded in Volume 1225, Pages | through 31 in the Office of the County Clerk of Brazos County, Texas, and (ii) any open thereto, including any Supplementary Declarations imposing restrictions, easements, or covenants against this Community.
1.8 Governing Documents shall mean (i) in the case of the Association, the Declaration, the Supplementary
plementary Declarations imposing restrictions, easements, or covenants against this Community.
1.8 Governing Documents 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.
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 ive restrictive than an Association Governing Document with respect to the permitted use of Lots or Units, then the Community Governing Document shall control. One Governing Documents 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.
1.9 | mprovernens 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, aos 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
er 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.
1.10 Lot shall mean a lot or parcel of land in the Community with the exception of the Common Area, as shown upon the latest recorded subdivision plat.
1.1/1 Member shall mean an Owner of a Lot or Unit in the Community who is accordingly a member of the Association.
1.12 Notice shall mean the form of notice provided by law, from time to time, for meetings of members of Texas nonprofit 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 Association (with the most recent notification |controlling) shall constitute notice to all such Owners.
simple title jof record to a Lot or Unit in the Pebble Creek Development, including sellers under executor contracts of sale and ke Qwner shall mean the Person, including the Declarant, or if more than one, all Persons collectively, who hold fee excluding buyers there under.
; ay Reimbursement Assessment shall mean the assessment levied against an Owner by the Association pursuant to . Section 8.16 of the Declaration.
_— Js 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.
ation.
_— Js 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.
_— 16 Supplementary Declaration shall mean this instrument, as the same may be amended from time to time and filed of record.
_ I 7 Unimproved Lot shall mean a Lot upon which no building has been substantially completed for use.
_ 18 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 a given time/has delineated boundaries for separate ownership.
2. SUBJECT PROPERTIES 2.1 Existing Properties. The real property which, as of the date of this Supplementary Declaration, is and shall hereafter be owned, hel Supplement Association" , transferred, sold, conveyed, leased, mortgaged, used, occupied, maintained, altered and improved subject to this Declaration is the Exhibit A Property. This Community is subject to the jurisdiction of a "Community (as defined in the Declaration).
2.2 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 6.1. 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
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 owns any property within the Annexable Land and has the power to annex additional property into the Declaration ( land classifi Community Declaration; (as defined i Community; ‘ ) shall contain an adequate description of such Annexable Land; (d) shall contain a reference to this Supplementary nd any amendments thereto) which shall state its date of recordation and recording information; (e) shall state the tion (residential, commercial or other classification) of such Annexable Land is declared to be part of the d(f) shall state whether such Annexable Land is or is not subject to the jurisdiction of a "Community Association" the Declaration). Additionally, such Supplementary Declaration may provide for phased annexation so that n ina this Supplementary Declaration and that such Annexable Land shall be subject to this Supplementary portions of such Annexable Land may be made subject to this Supplementary Declaration at different times. A deed by which Declarant Supplemen upon such easements in aspects of i Declaration Declaration if it meets the foregoing requirements, as applicable. A Supplementary Declaration may impose nnexable Land described therein covenants, conditions, restrictions, limitations, reservations, exceptions and addition to the provisions set forth in this Supplementary Declaration, taking into account the unique and particular e proposed development of such Annexable Land; provided, however, in no event shall any Supplementary
visions set forth in this Supplementary Declaration, taking into account the unique and particular e proposed development of such Annexable Land; provided, however, in no event shall any Supplementary voke, modify or amend the covenants or restrictions established by this Supplementary Declaration or any other iy a parcel of property, including property comprising Common Area to another person, may constitute a e 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 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 known, 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.
3. USE REFTRICTIONS 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
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 Article 3. 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.
3.1 Single-Family Residential Construction and Use. 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 will not exceed the main dwelling in height or number 0 ee (by way of example and not limitation, a grandmother to grandchild) living with not more than one (1) person who is not so related. Lots and units shall be used for single-family residential use only, and no Lot or Unit within the Subdivision shall be ocqupied by more than one (1) single family. No multi-family use of any Lot or Unit is permitted. 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 (with written approval from the
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 (with written approval from the Developer) 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 ict on said Lots or Units, or the use of said Lots or Units for duplex houses, condominiums, town houses, garage apartments) or apartment houses; and no Lot or Unit shall be used for business, educational, religious or professional purposes 4 of any kind whatsoever, nor for any commercial or manufacturing purposes without written permission. No permanent structure of any kind or|character shall ever be moved onto any Lot or Unit within said Development.
Except as otherwise provided in Section 3.14, 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 ("Architectural Committee") in accordance! wit the provisions of the Declaration.
All residence construction shall commence within 36 months of purchase of the lot and shall be completed within 24
tee ("Architectural Committee") in accordance! wit the provisions of the Declaration.
All residence construction shall commence within 36 months of purchase of the lot and shall be completed within 24 months after commencement of such construction or improvements. In the event the owner of land purchased from the Declarant does not compen construction of the home within 36 months after the date of purchase, the Declarant shall have the right to ré-purchase tHe land. The Declarant shall serve the owner with a notice of such intent and thereafter owner shall have 30 days to prepare ofa closing documents. The price paid to re-purchase the land shall be the sum of the original purchase price minus all spetial assessments which may have been paid by the buyer or levied against the property after the date of purchase, minus the sum of any unpaid property taxes, prorating of the current years’ property taxes to date of closing, title insurance policy premium andjany liens and encumbrances on the property of a definite or ascertainable amount. Conveyance shall be by warranty deed.
3.2 Desisnation 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.
A. Phase 11A Building Requirements Block 4 and Lots 1 through 4, Block 5 and Lots | through 3, Block 6: Pebble Creek Phase 11A shall have dwelling units with a minimum heated square footage of 2,500 square feet. If the Dwelling is more than one story in height, a minimum of 60% of the heated square footage shall be on the ground floor.
dwelling units with a minimum heated square footage of 2,500 square feet. If the Dwelling is more than one story in height, a minimum of 60% of the heated square footage shall be on the ground floor.
Lots 12 through 15, Block 1 and Lots | through 8, Block 2; Pebble Creek Phase 1 1A shall have dwelling units with a minimum heated square footage of 2,400 square feet. If the Dwelling is more than one story in height, a minimum of 60% of the heated square footage shall be on the ground floor.
B. Phase 11A Setbacks 1. All Lots, Pebble Creek Phase 11A unless otherwise noted, shall have front setbacks of 25 feet and rear setbacks of 25 feet.
2. All Lots, Pebble Creek Phase 11A unless otherwise noted, shall have left and right side setbacks of 7.5 feet.
3. Lot 1 and Lot 6, Block 2 and Lot 1, Block 6; Pebble Creek Phase 11A shall have a right side setback of 10 feet and a left side setback of 7.5 feet.
4. Lot 1, Block | and Lot 5 and Lot 10, Block 2: Pebble Creek Phase 11A shall have a left side setback of 10 feet and a right side setback of 7.5 feet.
5. Lot 4, Block 3 and Lot 4, Block 5 , and Lot 1, Block 4; Pebble Creek Phase 11A shall have a left side setback back of 15 feet and a right side setback of 7.5 feet.
6. Lot 5, Block 3, and Lot 17, Block | and Lot 8, Block 4; Pebble Creek Phase 11A shall have a right side setback of 15 feet and a left side setback of 7.5 feet.
7. Lots 12 through 15, Block 1; Pebble Creek Phase 11A shall have a rear setback of 20 feet.
omposite Building Site. Any Owner of one or more adjoining Lots or Units (or portions thereof) may, with the prior written approval of the Architectural Committee, consolidate such Lots or Units or portions into one building site, with the
e or more adjoining Lots or Units (or portions thereof) may, with the prior written approval of the Architectural Committee, consolidate such Lots or Units or portions into one building site, with the privilege of placing or constructing Improvements on such resulting site, in which case the side setback lines shall be measured from resulting side property lines rather than from the Lot or Unit lines as indicated on the Plat. Any such composite building site must have a frontage at the building setback line of not less than the minimum frontage of all Lots in the same block. In addition, the side lot utility easement, if applicable, must be abandoned or released in accordance with applicable law, and the Owner shal! be responsible for the cost of relocating any utility lines and restoring the surface of any abandoned or relocated utility easements. Upon such abandonment or release and upon the receipt of written approval of the Architectural Committee, such resulting composite building sites shall thereupon be regarded as one (1) "Lot" for all purposes hereunder. Any such composite [building site (or building site resulting from the remainder of one or more Lots having been consolidated into a composite building site) must contain not less than 10,000 square feet, except as otherwise provided by the Board.
3.4 Location of the Improvements upon the Lot or 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 setback lines described in Section 3.2. For purposes of this Declaration, steps, screened porches (covered or u other improve
hown on the Plat or nearer to the property lines than the minimum building setback lines described in Section 3.2. For purposes of this Declaration, steps, screened porches (covered or u other improve covered), storage rooms, stoops, and servants’ quarters, shall be considered as part of a residential structure or ment. 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.
3.5 Removal of Trees A.
B.
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") 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, brushes, or other vegetation, shall be cut and removed promptly from any Lot, by the Owner of such Lot.
Subject to the provisions of Section 3.5(A), above, all Owners, during their respective construction of aresidence, 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
bbish 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 therefore by the Association which permission may be withheld or withdrawn at any time and from time to time in the sole discretion of the 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.
3.6| Trash Care of Lots and Units During Construction of Residence.
A.
B.
C.
ive) All Owners, during their respective construction of a residence, are required to place an approved trash receptacle on each lot to contain all debris and garbage associated with building construction. Other usable building materials are to be kept stacked and organized in a reasonable manner upon the Lot or Unit. In the event of any default by the Owner or other occupant of any Lot or Unit in observing the above requirements, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit, may trespass or otherwise enter upon (or authorize one or more others to enter upon) said Lot or Unit, to clean, or cause to be cleaned, such debris and garbage 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,
ge, 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 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.
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.
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 waste materials during or after construction of Improvements by the Owner of an adjacent Lot or Unit.
| Concrete Washout. During construction on any Lot, each builder must coordinate with his cement contractor to conduct all cement washing only on the lot in which the construction is taking place or in a portable washout container.
3.8 Brick Requirements. Without the prior approval of the Architectural Committee, no residence shall have less than seventy five percent (75%) brick construction, or its equivalent, on its exterior wall area. All chimneys are to be made of brick construction, pr its equivalent, that match the exterior brick.
s than seventy five percent (75%) brick construction, or its equivalent, on its exterior wall area. All chimneys are to be made of brick construction, pr its equivalent, that match the exterior brick.
3.9 Carports. No carports shall be erected or permitted to remain on any Lot or Unit without the express prior written approval of the Architectural Committee.
3.10|Walls, Fences and Hedges. The following restrictions shall apply to fences constructed on the Lots described elow: A. All Lots Pebble Creek Phase 11A: All fencing shall: (a) be of 1”x 6”x 6’ dog eared cedar pickets and assembled with three (3) horizontal stringers; (b) constructed with galvanized steel posts embedded in concrete 36” deep on six (6) foot centers, and; (c) must be built with the finished side (side showing the pickets only) facing to the outside of the lot and the unfinished side (showing the steel posts) to face toward the inside of the installing lot. A 2” x 6” cedar baseboard is to be placed on bottom of the fence and in front of the pickets. Pickets should overlap baseboard by no more than %” and no less than 4”. A 2” x 6” cedar cap is to be attached on top of the fence and 1” x 4” cedar trim attached on the face of the picket under the cap. The exterior finished side of the fence shall be stained in its entirety with a stain that has been approved by the Architectural Committee and is listed on the filed Pebble Creek Phase 11 Approved Fence Stain Standards. Fences shall tie into existing fences with a uniform look and tie into any pillars or columns previously constructed on a lot by the Developer for the purpose of aesthetically breaking up a long fence line. Any such columns shall be maintained by the lot owner and shall not be removed. Each individual lot
onstructed on a lot by the Developer for the purpose of aesthetically breaking up a long fence line. Any such columns shall be maintained by the lot owner and shall not be removed. Each individual lot owner is responsible for keeping, repairing, replacing and the maintenance of any existing fence or wall that is on the owner’s lot or adjacent right-of-way. All other fencing requests will have to be approved by the Architectural Committee.
B. Lots 4 and 5, Block 3; Pebble Creek Phase 11A The side fence that faces Pebble Bend Drive must be placed 5 feet off the property line and the fence must be constructed not less than 35 feet from the front property line to extend to the rear property line.
C. Lot 17, Block 1 and Lot 1, Block 4; Pebble Creek Phase 11A The side fence that faces Coral Berry Cove must be placed 5 feet off the property line and the fence must be constructed not less than 35 feet from the front property line to extend to the rear property line.
> D. Lot 8, Block 4; Pebble Creek Phase 11A The side fence that faces Lost Bridge Lane must be placed 5 feet off the property line and the fence must be constructed not less than 35 feet from the front property line to extend to the rear property line.
feet off the property line.
annoyance pr 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
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 of such exterior speaker does not constitute a nuisance or annoyance. The Board shall have the sole and absolute discretion to determine what constitutes a nuisance or annoyance. Activities expressly prohibited, include, without limitation, (1) the performance of work on automobiles or other vehicles upon the Lot or Unit or in driveways or streets abutting Lats 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 i dicated above, no Lot or Unit in the Community shall be used for any commercial, educational, manufacturing, business or professional purposes, nor for church purposes. The renting or leasing of any residential dwelling is subject to the provisions of Section 3.35.
pistol, rifle, s otgun, or any other firearm, or any bow and arrow or any other device capable of killing or injuring persons.
No ri or Unit or other portion of the Community shall be used or permitted for hunting or for the discharge of any 3.14!Use of Temporary Structures. No structure of a temporary character, whether trailer, basement, tent, shack, garage,
he Community shall be used or permitted for hunting or for the discharge of any 3.14!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 purpose, either temporrily or permanently; provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilitie 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, facilities. C the rights res street, easem a garage or three (3) da ut not necessarily be limited to sales and construction offices, storage areas, model units, signs, and portable toilet mercial-Builders and Contractors may, with the prior written approval of the Architectural Committee, exercise rved by Declarant in this Section 3.14.
nt, right-of-way, or Common Area unless such vehicle or object (i) is completely concealed from public view inside proved enclosure or (ii) is owned by an overnight guest of the Owner and such use does not extend for more than s. Notwithstanding the ten (10) hour parking restriction and guest parking exception, there shall be no overnight parking (between the hours of 12:00am and 6:00am) on any road or street. Passenger automobiles, passenger vans, motorcycles, or pick-up 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
rent 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 ie of 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 is concealed constructio!
(ii) utility 1 Unit except commercial ide of a street so that it blocks the flow of traffic. No vehicle may be repaired on a Lot or Unit unless such vehicle inside a garage or other approved enclosure during the repair thereof.
repair or maintenance of (i) residential dwelling(s) or related Improvements in the immediate vicinity thereof or provements in Pebble Creek Development.
on restriction shall not apply to any vehicle, machinery or equipment temporarily parked and in use for the n 3.16 Animal Husbandry. No animals, livestock, bees or poultry of any kind shall be raised, bred or kept on any Lot or hat dogs, cats or other common household pets may be kept provided that they are not kept, bred or maintained for purposes and do not become a nuisance or threat 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 pales such pet is leashed and accompanied by a member of such Owner's household.
3.1 A.
7 Lot and Unit Maintenance.
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
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 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.
In the event of any default by the Owner or other occupant of any Lot or Unit in observing the above requirements, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit may trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit, to 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 of such Lot or Unit for the cost of such work and removing such associated materials. The cost of such work and removal shall constitute a Reimbursement Assessment.
. 3.18 pions. Advertisements, Billboards. No sign, advertisement, billboard, or advertising structure of any kind may be
The cost of such work and removal shall constitute a Reimbursement Assessment.
. 3.18 pions. 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 or directional signs may be installed within the Pebble Creek Development without the prior written approval of the Declarant and the Architectural Committee.
"The Declarant, the Association or the Community Association (or any 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 ray other t structure which is placed on any Lot or Unit, and in doing so shall not be subject to any liability for trespass or 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.
3.19 maintained : which interfe’ 3.20 Maximum Height of Antenna. No radio or television aerial wire antennae or satellite-receiving dish shall be any portion of any Lot or Unit, except as may be approved by the Architectural Committee. No electronic device, es with the television reception of the occupant of any other Lot or Unit, shall be permitted within the Community.
Wind Generators. No wind generators shall be erected or maintained on any Lot or Unit if said generator is visible from any othe Lot or Unit or street.
3.2]
t, shall be permitted within the Community.
Wind Generators. No wind generators shall be erected or maintained on any Lot or Unit if said generator is visible from any othe Lot or Unit or street.
3.2] 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 not visible from the public street in front of the residence.
3.22 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 for other building improvements. The Owner shall be responsible for ali necessary erosion into the streets, lakes, golf course or other Lots. Swimming pool drains shall be piped into the storm sewer drainage temporary es control measures required during swimming pool construction on said Lot or Unit to insure that there is no 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 Control Committee)
r 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 Control Committee) nd must comply with ordinances of the city of College Station. There will be no above ground pools permitted in Phase I1A.
a Pebble Crech 3.28 Drying of Clothes in Public View. The drying of clothes in public view (whether from Common Areas [including ’ Streets], a Course, other Lots or any other land within the Pebble Creek Development) is prohibited.
3.24 Garage and Garage Doors. Each dwelling unit shall have a fully enclosed garage to be constructed at the time of the main residence, and the garage shall be constructed to house not less than two nor more than four automobiles. 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. All roof materials must be of the same nature as the materials used on the main dwelling, ior garage walls must be constructed of the same or similar material as the exterior of the main dwelling, All garages and all exte must be oe 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 Owner or occupant is not using the garage.
A.| Allhomes in Pebble Creek Phase 11A shall have garages that open to the side or rear of the lot, except that a garage May open to the front of the lot if (i) the front of the garage is set back at least 15 feet from the front of the main
hall have garages that open to the side or rear of the lot, except that a garage May open to the front of the lot if (i) the front of the garage is set back at least 15 feet from the front of the main dwelling, or (ii) the lot is located on a cul-de-sac and has less than forty feet of width across the front building line (unless otherwise approved by the Architectural Committee). All garages that face the street, shall be required to have garage doors that are Architectural in design, such as carriage doors, and shall be at the discretion of the Architectural Committee.
Lots 4 and 5, Block 3; and Lot 4, Block 5; Pebble Creek Phase 1 1A The garage door shall not face the side property line on Pebble Bend Drive without permission from the Architectural Committee.
face the side property line of Sawgrass Drive without the permission from the Architectural Committee. If approved, lot owner will be required to install approved landscaping for concealment purposes.
3.25 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.
3.26 Residences and Improvements Damaged by Fire or Other 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.
3.27|Vehicles Permitted to Use Roads and Streets.
shed within a reasonable period of time, and the Lot or Unit and Improvements thereon, as applicable, restored to an orderly and attractive condition.
3.27|Vehicles Permitted to Use Roads and Streets.
A. The only authorized motorized vehicles allowed on the roads and street easements in the Pebble Creek Development hall be motor vehicles currently licensed and inspected for use on public highways and golf carts.
B. [The use of non-licensed motor vehicles including, but not limited to, automobiles, trucks, motorcycles, dirt bikes, off-road vehicles, mules and go-carts is expressly prohibited.
C. Authorized vehicles and golf carts may only be operated by individuals holding a current driver's license valid in i State of Texas or the state of such person's domicile.
3.2 Boats Prohibited on Lakes or Ponds. No boats shall be permitted on any of the lakes or ponds within the Pebble Creek Development, except that boats operated by the Association or Country Club (or their respective contractors) may be used in cpaneawon with the maintenance of the lakes and removal of golf balls and other objects from the lakes.
3.29 Swimming Prohibited in Lakes. Swimming in the lakes shall be prohibited at all times.
3.39 Landscaping.
A. |All front yards of all lots must, as a minimum requirement, be sodded with grass, irrigated and must have shrubs or other landscaping planted adjacent to the front of all Units constructed thereon to screen from view the foundation f such Units. In addition, all corner lots must sod and irrigate from the property line to the curb and/or sidewalk.
Moreover before any initia! landscaping (including the planting of grass) shall be done in the front yard of any newly
er lots must sod and irrigate from the property line to the curb and/or sidewalk.
Moreover before any initia! landscaping (including the planting of grass) shall be done in the front yard of any newly ‘constructed dwelling, the general layout, and plant types and sizes shall first have been approved in writing by the [Architectural Committee. These plans must abide by the standards set forth in the Pebble Creek Landscaping Criteria.
All lots in Phase 11A, in addition to the established criteria, will be required to install or preserve a minimum of two 65 gallon shade trees in the front yard of each lot, with the total diameter of trees no less than six inches - and with no one tree being less than 3 inches in diameter if installed- according to the specifications set forth by the Declarant.
A list of approved shade trees will be provided with the Pebble Creek Landscaping Criteria. All approved initial landscaping shall be completed not later than sixty (60) days after substantial completion of the dwelling, except for emergency situations as approved by the Architectural Committee. If initial landscaping is to be changed at any point after it is approved and installed, then a new plan must be submitted to the Architectural Committee for approval.
1. Lot 4 and 5, Block 3; Pebble Creek Phase 11A are required to install landscaping along the side property line of Pebble Bend Drive, according to the specifications set forth by the Declarant. A plan will be provided with the landscaping guidelines and specifications.
2. Lot 17, Block | and Lot 1, Block 4; Pebble Creek Phase 11A are required to install landscaping along the side property line of Coral Berry Cove, according to the specifications set forth by the Declarant. A pan
ock | and Lot 1, Block 4; Pebble Creek Phase 11A are required to install landscaping along the side property line of Coral Berry Cove, according to the specifications set forth by the Declarant. A pan will be provided with the landscaping guidelines and specifications.
3. Lot 8, Block 4; Pebble Creek Phase 11A is required to install landscaping along the side property line of Lost Bridge Lane, according to the specifications set forth by the Declarant. A pan will be provided with the landscaping guidelines and specifications.
B] All landscaping installed by Owner shall comply with the landscape criteria ("Landscape Criteria") established by the Architectural Committee, as such Landscape Criteria may be amended from time to time. However, any landscaping installed by the Owner which is approved by the Architectural Committee prior to the establishment of the Landscape Criteria or at any time after such Landscape Criteria is established shall be maintained by the Owner in a neat and attractive condition at all times. Any replacement landscaping which complies with the 10 andscape Criteria does not need to be approved by the Architectural Committee; however, an Owner may submit landscape layout and plans for replacement landscaping to the Architectural Committee for approval by the rchitectural Committee.
C. The Architectural Committee shall, in its sole discretion and authority, determine whether the landscape layout and lans submitted to it for review, including, but not necessarily limited to, drainage, grass, shrub and tree planting, acceptable to the Architectural Committee. The Architectural Committee may require additional and/or different pes of landscaping should the Architectural Committee deem it to be necessary.
planting, acceptable to the Architectural Committee. The Architectural Committee may require additional and/or different pes of landscaping should the Architectural Committee deem it to be necessary.
D. Hach improved Lot shall have and contain an underground water sprinkler system for the purpose of providing ufficient water to, at a minimum, the front yard, and, in the case of corner lots, any yard area facing the street. The prinkler system for each Lot shall be designed and installed adequately the area (the “Curbside Area”) between he boundary of such lot and the curb of any street that immediately adjoins such lot. Each Owner of a Lot shall be esponsible for the maintenance of the Curbside Area which immediately adjoins such lot, except to the extent such rrigation or maintenance is expressly undertaken by the Association.
Il adjoining unimproved lots that are owned by a Member in which a home is not to be built on but used as dditional yard space shall be required to submit landscaping plans to the Architectural Committee for approval.
t a minimum, the lot shall be sodded and irrigated to the 25 foot front building setback line and must be kept aintained at a minimum of 6 feet from the sides and rear property lines.
3.31/Roofing. No external roofing material other than composition shingles (excluding three tab shingles), as approved by the Architectural Committee, shall be used on any residence or other Improvement on any Lot or Unit. All roofs shall have prior written approval of the Architectural Committee prior to installation. Any other roofing materials shall require a written variance by the Architectural Committee. The minimum pitch on roofs shall be 8 to 12. The Architectural Committee must
mittee prior to installation. Any other roofing materials shall require a written variance by the Architectural Committee. The minimum pitch on roofs shall be 8 to 12. The Architectural Committee must approve roof|fans, attic fans, attic ventilators or other roof penetrations if any portion of the Improvement is visible from the front property line or golf course.
3.32) Driveways. Driveways shall be constructed entirely of concrete, exposed aggregate concrete or brick pavers.
3.33 Lighting. No exterior lighting may be constructed or installed on any Lot or Unit without the prior written approval of the Architectural Committee. (The Architectural Committee may require post lamps at the street).
3.34 Minimum Slab Elevation. The slab elevation of all constructed dwelling units; garages and related Improvements shall not be less than three feet (3') above the 100-year flood plain elevation of such Lot or Unit. Not more than one foot (1') 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 one foot (1') in height above finished grade shall have at least that excess in height covered with masonry used in constructing the Unit. Any Unit with a pier and beam foundation shall have a mechanical, electrical, plumbing lines and fixtures located there under 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.
3.35 Rental and Leasing. Owners must notify the Association if their Lots or Units are leased or rented. Owners must
s sole discretion, will determine the adequacy of any screening technique employed.
3.35 Rental and Leasing. Owners must notify the Association if their Lots or Units are leased or rented. Owners must also provide|the Association prior to tenant occupancy not later than five (5) days before the commencement of any lease with the name of the tenant and all occupants, a copy of the lease and the current mailing address of the Owner. In no event, however, shall any rertal or leasing be allowed except pursuant to a written agreement or form approved by the Association Board that affirmatively obligates all tenants and other residents of the Lot or Unit to abide by this Declaration, the Declaration, and the ‘Rules and Regulations of the Association. All leases shall be for an initial term of not less than six (6) months. “Game day” or weekend rentals are prohibited. Advertising a residential Lot or dwelling Unit on websites such as Vacation Rental by Owner (VRBO), Airbnb, HomeAway, and the like is not permitted, Renting to roomers or to a second family occupying the lot is prohibited.
3.36 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.
3.37 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 11 he from time to time by the Architectural Committee, when circumstances such as topography, natural obstructions, hardship,
ble construction standards or regulations and requirements as promulgated 11 he 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 Committee may require a variance. Such variances must be evidenced in writing and shall become effective when signed by the Declarant or by at least a majority of nb of the Architectural Committee. If any such variances are granted, no violation of the provisions of this Supplementary Declaration shall be deemed to have occurred with respect to the matter for which the variance is granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Supplementary Declaration for any purpose except as to the particular property and particular provisions hereof 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.
3.38 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 are concealed completely from view from public or private streets or courtyards, and are otherwise acceptable to the Architectural Committee.
3.39|Centralized Mailboxes. Phase 11A of the Pebble Creek Development shall be required to have centralized mailboxes at the authority of the United States Postal Service. Due to the desired design choice of the Pebble Creek Development,
of the Pebble Creek Development shall be required to have centralized mailboxes at the authority of the United States Postal Service. Due to the desired design choice of the Pebble Creek Development, the centralized mailboxes will be the property of the Pebble Creek Owners Association. All key distribution and management is to be controlled by the United States Postal Service.
4. PROPERTY MAINTENANCE REGULATION 4.1 Extra 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 Declaration and the construction guidelines of the Association or Architectural|Committee, which default is continuing after thirty (30) days written notice thereof to the Owner or occupant, as applicable, tn the Declarant or the Association or their designated agents may, without liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or otherwise, enter upon (or authorize one or more others to enter upon) said Lot or Unit and to repair, 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.
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 jointer of any other Owner, shall have the right to grant 5.2/Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Declarant to any of the Lots or Units by contract deed or other conveyance shall be subject to any easement affecting same for roadways or drainage, 12
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, 12 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 tat have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Lot or Unit.
5.3 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 p street right-of-ways and shall be entitled to cross such easements at all time for purposes of gaining access to and ‘om such Lots or Units.
- B. The Owner of each Lot or Unit also shall have the right to construct, keep and maintain driveways, walkways, steps and air conditioning units and equipment over, across or upon any utility easement along the side of such Lots or nits (the "Side Lot Utility Easement"), (other than along any Side Lot Utility Easement which is adjacent to a re right-of-way) and shal] be entitled, at all times, to cross, have access to and use the Improvements located
ility Easement"), (other than along any Side Lot Utility Easement which is adjacent to a re right-of-way) and shal] be entitled, at all times, to cross, have access to and use the Improvements located hereon, however, any such Improvements placed upon such Side Lot Utility Easement by the Owner shall be constructed, maintained and used at Owner's risk and, as such, the Owner of each Lot or Unit subject to said Side Lot Utility Easements shall be responsible for (i) any repairs to the walkways, steps and air conditioning units and rauipment which cross or are located upon such Side Lot Utility Easements and (ii) repairing any damage to said mprovements 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.
he Owner of each Lot or Unit shall indemnify and hold harmless Declarant, the Association, and public utility ompanies having facilities located over, across or under utility easements from any loss, expense, suit or demand esulting from injuries to persons or damage to property in any way occurring, incident to, arising out of, or in onnection with said Owner's installation, maintenance, repair or removal of any permitted Improvements located ithin utility easements, including where such injury or damage is caused or alleged to be caused by the sole egligence of such entities or their employees, officers, contractors, or agents.
. 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 and Owners and the present and future owners
rant that if such development occurs, mutual easements (including utility easements), licenses and rights may be granted for the benefit of the 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 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, Declarant shall retain and have the power, without the consent of any other Owner or the Association, to annex portions of the Annexable Land into the Community provided that the property so annexed is to be developed in a manner generally similar to the existing Lots and Units in accordance with a general plan of development under which (i) the architectural standards prevailing within the Community will be continued in such annexed property, (ii) the type of residential Improvements to be constructed in such annexed property will be similar in value and cost to one or more of the types of existing or contemplated residential Improvements in the Community, and (iii) the annexed property will become subject to assessment in the same manner as is prevailing for the Community. Declarant also shall be entitled oes portions of the Annexable Land into the Community after the Control Transfer Date, without the consent of any other Owner or the Association, provided that the first annexation proposed by Declarant subsequent to the Control Transfer
to the Community after the Control Transfer Date, without the consent of any other Owner or the Association, provided that the first annexation proposed by Declarant subsequent to the Control Transfer Date is effected prior to the second annual anniversary of the Control Transfer Date, as extended by delays in development outside of the reasonable control of Declarant ("Excusable Delays"), and any subsequent annexation proposed by Declarant is effected prior to the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexable Land in to the Community, as extended by Excusable Delays. If Declarant desires to annex portions of the Annexable Land into the Community at any time after the second annual anniversary of the Control Transfer Date or the second) annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion 13 of the Annexable Land into the Community, Declarant shall be entitled to annex such Annexable Land into the Community with the written approval (by written instrument or written ballot) of the Class A Members holding not less than sixty-seven percent (67%) of the voting power within the Community (exclusive of the voting power of the Declarant). However, any annexation subsequent to |an annexation approved by such Members shall not require the vote of the Members described in the preceding sentence if such annexation occurs prior to the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexable Land into the Community, as extended by Excusable Delays.
o the second annual anniversary of the recordation of the most recently recorded Supplementary Declaration annexing a portion of the Annexable Land into the Community, as extended by Excusable Delays.
The additions authorized under this Section 6.1 shall be made by filing a supplementary declaration or record with respect to the property to be|annexed into the Community.
6.2 Easements and Rights Presently Reserved. Declarant hereby reserves unto itself, its successors and assigns, a nonexclusive 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, said easement and right-of-way to expire on the Control Transfer Date, if Declarant has not, prior to such date, annexed portions of the Annexable Land into the community.
6.3 Obligation to Grant Reciprocal Rights. Declarant may, from time to time, assign one or more of the easements set out in this Article 6 to such persons or entities 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 guests 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 a reciprocal easement or easements with respect to any similar facilities, if any, owned by such parties and located on the Annexable Land,
nted such rights also grant to the Owners or the 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 6, Declarant and its successors and assigns may make multiple nonexclusive assignments of the easements herein granted to it.
llocation of Expenses. If any of the easements and rights granted by this Article 6 are assigned to other entities or persons in connection with the development of Improvements on the Annexable Land as set out in Section 6.2 above, all such assignments shall provide that the assignees there under shall bear their proportionate share of the costs of maintaining, using and operating the street, road, recreational facility or other facility, as the case may be, as to which such right is granted. Such sharing of costs and expenses shall be based upon the actual costs of ownership, operation and maintenance of the facility in question, and shall be borne pro rata by all persons having the right to make use thereof based upon the number of applicable Lots and Units and Country Club memberships. The time of payment of such costs, and the methodology of ascertaining same, shall be specified in the instrument from Declarant or its successors and assigns to its assignee and shall be binding upon the Owners and the Association and such assignees provided that the cost allocation shall be based upon the basis as hereinabove provided or some other equitable basis.
6.5 Authority of the Board. The Board shall have, and is hereby granted, the necessary and requisite authority to enter
l be based upon the basis as hereinabove provided or some other equitable basis.
6.5 Authority of the Board. The Board shall have, and is hereby granted, the necessary and requisite authority to enter into such crag t-casement and cross-use agreements, or other agreements howsoever designated, as may be necessary to effectuate the intents and purposes of this Article 6.
6.6 i Land. This Supplementary Declaration, including, without limitation, this Article 6, 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 lien holders, which instrument is recorded in the Office of the County Clerk of Brazos County, Texas.
Reference is made herein in this Article 6 to the Annexable Land solely for purposes of describing certain reciprocal easements and other rah that may hereafter arise as between the Community and the Annexable Land and limiting the parties to whom the easements hereby reserved with regard to the Community may be assigned. No easements or rights are hereby granted or reserved as to the Annexable Land, and no easement or other right referred to in this Article 6 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 or easement, which document, or a memorandum thereof, is hereafter recorded in the Office of the County Clerk of Brazos County, Texas.
. . Invalidation in any one of the provisions of this Declaration shall not affect any other provision hereof,
thereof, is hereafter recorded in the Office of the County Clerk of Brazos County, Texas.
. . Invalidation in any one of the provisions of this Declaration shall not affect any other provision hereof, which shall temain in full force and effect.
14 7.2 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 from 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 7.4.
7.3 Re-subdivision. In the event that any Lot or Unit is re-subdivided or submitted to a condominium regime, the plan - of re-subdivision or condominium plat filed in the Office of the Country Clerk of Brazos County, Texas shall make specific any such Lot or Unit.
7.4 Amendment by Members. This Supplementary Declaration may be amended or changed, in whole or part, at any time within rt (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|jamended by written instrument signed by the requisite number of Members of this Community, such amendment
ent (50%) of the total votes of each class of Members in the Community. If the Declaration is|jamended by written instrument signed by the requisite number of Members of this Community, such amendment must be appraved by said Members within three hundred sixty-five (365) calendar days of the date the first Member executes such amendment. The date a Member's signature is acknowledged shall constitute prima facia evidence of the date of execution reference to te Supplementary Declaration, but its failure to do so shall not affect the applicability of the provisions hereof to that the required number of Members of this Community (including the Declarant) executed the instrument amending this 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.
7.5 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 jointer 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 cons Declaration mortgagee.
stent with and in furtherance of the general plan and scheme of development as evidenced by this Supplementary d the Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or his
ance of the general plan and scheme of development as evidenced by this Supplementary d the Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or his dditionally, Declarant shall have and reserves the right at any time and from time to time prior to the Control , Without the jointer or consent of any Owner or other party, to amend this Supplementary Declaration by an writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the technological advances, such as security, communications or energy-related devices or equipment which did not exist or were| not in common use in residential subdivisions 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 jointer 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 will adversely affect the property values within the Community.
7.6 Declarant’s Rights 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)
xas, 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 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 staternent 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 more of its rights or prerogatives to an assignee, the 15 Declarant shal| 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).
7.7 Disclaimer for Errant Golf Balls. Land subject to this 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 golf balls from people playing golf nearby. Specific easements
rse and country club, public and other uses. From time to time, Owners of Lots or Units may be subject to the stray ingress and egress of golf balls from people playing golf nearby. Specific easements are granted for such unavoidable ingress and egress, and Owners may not hold liable any planner, developer, constructor, or any other person fbr any injury or damage whatsoever caused by such golf balls.
7.8 Gender. Wherever in this Supplementary Declaration the context so requires, the singular number shall include the plural, and the converse; and the use of any gender shall be deemed to include all genders.
7.9 Headings. The headings and any table of contents contained in this Supplementary Declaration are for reference purposes only|and shall not in any way affect the meaning or interpretation hereof.
7.10 [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, resells 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
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 Supplementary Declaration shall require Declarant to seek or obtain the approval of the Architectural Committee or of the Association for any such activity or Improvement on any property owned by Declarant.
Nothing in this Section 7.10 shall limit or impair the reserved rights of Declarant elsewhere provided in this Supplementary Declaration or in the Declaration.
7.11/Declarant's Right of First Refusal This right is in effect for three (3) years after the original settlement date for the Lot from the [Declarant to the First Purchaser. The provisions of this section only apply to unimproved lots and do not apply whatsoever to any lot on which there is a completed residential dwelling. In order that the Declarant may more effectively and carefully guide, control, coordinate and monitor the construction of residential dwellings within the Subdivision, prior to the commencement and completion of a residential dwelling and its appurtenant landscaping on a Lot, no Lot Owner (excluding the Declarant) may sell, transfer, lease, rent, devise, give, assign or in any other manner dispose of a fee or undivided fee interesting such Lot without first offering such fee interest to the Declarant, or otherwise obtaining the express written approval of the Declarant, inthe manner hereinafter provided: (a) Any Lot Owner intending or proposing to sell, transfer, lease, rent, devise, give, assign or in any other manner ispose of a fee or undivided fee interest in a Lot (any and all such manners of disposition being referred to or
r proposing to sell, transfer, lease, rent, devise, give, assign or in any other manner ispose of a fee or undivided fee interest in a Lot (any and all such manners of disposition being referred to or onsidered hereinafter for convenience as "sale" or "sell") shall give written notice to the Declarant (sent to the ddress that is registered with the state) of such intention or proposal together with the terms and conditions of the ale and the name and address of the intended or proposed purchaser and such other information as the Declarant ay reasonably require in connection with such transaction. The issuance of such notice to the Declarant shall onstitute a warranty and representation by such Lot Owner that the proposal and purchaser are bona fide in all . yespects; (b) Declarant shall, upon receipt of the notice described above, have the exclusive right and option, exercisable at any ime during a period of thirty (30) days from the receipt of said notice, to purchase or acquire the subject Lot for the riginal sales price amount and on the same terms and conditions as set forth in the original sale of the lot; and (c) if Declarant does not elect to exercise its first refusal option right hereunder, the Lot Owner shall be so notified in writing and shall be free to proceed with the sale of the Lot.
From and after the date of completion of a residential dwelling and its appurtenant landscaping on each lot, such lot, and the owner thereof, shall no longer be affected by the foregoing first right of refusal.
7.12 Declarations Construed Together. All of the provisions of this Supplementary Declaration shall be liberally construed tdgether with the Declaration to promote and effectuate the fundamental concepts of the development of this
gether. All of the provisions of this Supplementary Declaration shall be liberally construed tdgether 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.
16 7.13 ersons Entitled to Enforce Supplementary Declaration. The Association, acting by authority of the Board, and any Member of the 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 ofthis Spplepentary Deh The Association shall have the same rights and remedies with respect to violations of the provisions I of this Supplementary Declaration as the Association does with respect to violations of the provisions of the Declaration.
7.14 Miolations of Law. Any violation of any federal, state, municipal or local law, ordinance, rule or regulation, 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 all of the enforcement procedures set forth or referred to in this Supplementary Declaration.
7.15 Costs and Attorney's Fees. In any action or proceeding under this Supplementary Declaration, the prevailing party shall be entitldd to recover its costs and expenses in connection therewith, including reasonable attorney's fees.
7.16 INo Representations or Warranties. No representations or warranties of any kind, express or implied, shall be
its costs and expenses in connection therewith, including reasonable attorney's fees.
7.16 INo 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.
7.17 Limitation on Liability. Neither the 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.
17 wre ow ot “his | day of December. 2021, oS ° ‘ Pvccuted PEBiis URE 7) yp ee COMPANY Chavis “ \ wihg Lhe NDA SE TEE ANS pay WES Db BRAZOS s' “ifs instrument was acknow ledged before me on this the Dh day of December. 2021. 2. Ga0. M4. Young. Grosdemt Pepe’. Clock Land Company. a Texas Corporation. on behalf of such corporation.
4 ‘ : EXHIBIT A See ph Uta for record in Brazos County. Texas for Pebble Creek Development, Phase [1A.
+ ene Return fo: ho babe Company Nd phan Dakedys i 4 odeue sthoon. TN 77842 ; - yor mt 1. DEFINITIONS 1.1 Association 1.2 Board 1.3 Commercial Builder 1.4 Common Area 1.5 Community 1.6 Declarant 1.7 Declaration 1.8 Governing Documents 1.9 Improvements 1.10 Lot 1.11 Member 1.12 Notice 1.13 Owner _
IONS 1.1 Association 1.2 Board 1.3 Commercial Builder 1.4 Common Area 1.5 Community 1.6 Declarant 1.7 Declaration 1.8 Governing Documents 1.9 Improvements 1.10 Lot 1.11 Member 1.12 Notice 1.13 Owner _ 1.14 Reimbursement Assessment 1.15 Pebble Creek Development 1.16 Supplementary Declaration 1.17 Unimproved Lot 1.18 Unit 2. SUBIECT PROPERTIES 2.1 Existing Properties 2.2 Annexation by Supplementary Declaration 3. USE RESTRICTIONS 3.1 Single-Family Residential Construction 3.2 Designation of Lot Types 3.3 Composite Building Site 3.4 Location of the Improvements upon the Lot or Unit 3.5 Removal of Trees 3.6 Trash and Care of Lots and Units During Construction 3.7 Concrete Washout 3.8 Brick Requirements 3.9 Carports 3.10|Walls, Fences and Hedges 3.11/Visual Obstruction at the Intersections of Streets 3.12/Air Conditioning Requirements 3.13|Prohibition of Offensive Activities 3.14|Use of Temporary Structures 3.15|/Storage of Vehicles or Equipment 3.16] Animal Husbandry 3.17|Lot and Unit Maintenance 3.18/Sign, Advertisements, Billboards 3.19]Maximum Height of Antenna 3.20) Wind Generators 3.21) Solar Collectors 3.22) Swimming Pools 3.23] Drying of Clothes in Public View 3.24 Garage and Garage Doors 3.25| Control of Sewage Effluent 3.26 Residence and Improvements Damaged by Fire and Other Casualty 3.27 Vehicles Permitted to Use Roads and Streets 3.28 Boats Prohibited in Lakes 3.29 Swimming Prohibited in Lakes 3.30 Landscaping 3.31] Roofing 3.33 Driveways TABLE OF CONTENTS tA WWWWWWWW WWW WNNNNN WN 1 OO OO OO 00 00 0 HADDAD ATI AWAADAAUUN HS 19 3.33 Lighting 3.34 Minimum Slab Elevation 3.35 Rental and Leasing 3.36 Unfinished Rooms 3.37 Variances 3.38 Dish Antennae 3.39 Centralized Mailboxes 4. PROPERTY MAINTENANCE REGULATION 4.1 Exterior Maintenance of Improvements
um Slab Elevation 3.35 Rental and Leasing 3.36 Unfinished Rooms 3.37 Variances 3.38 Dish Antennae 3.39 Centralized Mailboxes 4. PROPERTY MAINTENANCE REGULATION 4.1 Exterior Maintenance of Improvements 4.2 Entry Rights 5. EASEMENTS 5.1 Easements 5.2 Title Subject to Easements 5.3 Utility Easements 6. ANNEXATION OF ADDITIONAL LAND 6.1 Further Development 6.2 Easements and Rights Presently Reserved 6.3 Obligation to Grant Reciprocal Rights 6.4 Allocation of Expenses 6.5 Authority of the Board 6.6 Annexable Land 7, GENERAL PROVISIONS 7.1 Severability 7.2 Term 7.3 Re-subdivision 7.4 Amendment by Members 7.5 Amendment by the Declarant 7.6 Declarant’s Rights and Prerogatives 7.7 Disclaimer for Errant Golf Balls 7.8 Gender 7.9 Headings 7.10|Declarant’s Rights to Complete Development of Community 7.11|Declarant’s Right of First Refusal 7.12|Declarations Construed Together 7,13|Persons Entitled to Enforce Supplementary Declaration 7.14/ Violations of Law 7.15/Costs and Attorney’s Fees 7.16|No Representations or Warranties 7.17| Limitation on Liability 20