Pecan Grove Covenants Section 19 New

1 FO44.464 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PECAN GROVE PLANTATION SECTION 19 -i2235 1608 (6/22/90) 2235 1609 TABLE OF CONTENTS ARTICLE/SECTION PAGE ARTICLE I GENERAL PROVISIONS Section 1.01 Executed Deed. ween cccsncrnccccsancvcvcesnces vevenrvecee F Section 1.02 Easement - Set-Back Lines.ccsccseccscceccnsccccccrecene Section 1.03 Utility Easements... ..cccecenarccccrerecusscncsvessesan + Section 1.04 Duration and AmendMENt..s.cccaccsucccecnscsecescesssesss DF Section 1.05 Enforcement........+. eae eane ween e ences pre neerereeevcene O Section 1.06 Partial Invalidity.......... weer esneens sececceevernctae & Section 1.07 Effect of Violations om Mortgagees..coecseervcseccecese 6 ARTICLE If ARCHITECTURAL CONTROL Section 2.01 Basic CONGrOL. wc uw cn ernncnucencnacnvanccuceersccernsens Section 2.02 Architectural Control Authority...cccecscvescsecesssans Section 2.03 Effect Of Imaction.scsccvaccancncccnacesccnsrsucesensue Section 2.04 Effect of Approvals ccsccenccaccccccnscesseccensccvessce Section 2.05 Minimum Construction Standards...cescovvesccccsecnssces Section 2.06 Variances.ccrccrecannsccnnerncseccsssvervscverccvssscse Section 2.07 Notice of Noncompliance..c.recsccreccsvsncussccsccnceus Section 2.08 No Implied Waiver or Estoppel..ssccsescnccscccecccscane Section 2.09 Disclaimer.scrcccrcccvcccccsacsenccnnvscnsnerescasecccel oyvwNvUNoooam ARTICLE III UTILITY EASEMENTS Section 3.01 [email protected] vcccccnnccccccncsanssevessscsessscensssessseld ARTICLE IV USE RESTRICTIONS Section 4.01 Single Family Residential Construction... .cscsennccneanetl Section 4.02 Designation of Lot Types.cecccscccerecscccsssccevenasccll Section 4.03 Minimum of Square Footage of Residence..caseseseceeceesil

ingle Family Residential Construction... .cscsennccneanetl Section 4.02 Designation of Lot Types.cecccscccerecscccsssccevenasccll Section 4.03 Minimum of Square Footage of Residence..caseseseceeceesil Section 4.04 Location of Improvements On Lotscccccccesccasensccnceeeil Section 4.05% Residential Foundation Requirements. sosccscesesesecseest2 Section 4.06 Excavation and Tree Removal. scescesccucvccccccsscssccasha Section 4.07 Masonry Requirement. ccaccaveccnanccenseccsnsavesusenenesl2 Section 4.08 Air Conditioning Requirement. ...cceccevascnncesessscesslte Section 4.09 Disposal Umit Requirement. .sccccaccaccercnvcccsccsscsest2 Section 4.10 Electrical House Services. scccessscnnccsncenssscacnacesid Section 4.11 Roofing Requirememt. osccccsscnscccnccsescsencscnssssseela Section 4.12 Driveways, Sidewalks, Curbs, Manholes and Storm Sewer Inlet... cccccccsacccacuccccssssccsecsania Section 4.13 Building Inspection of Driveways, Sidewalks, Curbs, Manholes and Storm Sewer Inlets...cscscenecsreveld Section 4.14 Lot Draimagesrcscccccccsensseccssnscescccarescnansccsscelt Section 4.15 Landscapinges..cscccvcnavcucusrosscccenssecccecnssenenelS Section 4.16 Walls, Fences and HedgeS.cscacececsccssccrcccccncessseslS Section 4.17 Swimming Poolesscaccsccceusenscnencecenssecscesssssseneld Section 4.18 Removal of Trees, Trash and Care of Lot during Residential Construction. ..ccsesecasccesensceseedd Section 4.19 Control of Sewage EFFLUGMt.. cece sence aeeareesereesscs 16 Section 4.20 Composite Building Sitesccsccsenccsccceccccveccetevsseal& Section 4.21 Use of Temporary Structuressasccccscncccceccerresccssrel® Section 4.22 Visual Obstruction at the Intersections OF Public Streets. ceceeweavcccsnenecesssacsesnscenesensl

ccccveccetevsseal& Section 4.21 Use of Temporary Structuressasccccscncccceccerresccssrel® Section 4.22 Visual Obstruction at the Intersections OF Public Streets. ceceeweavcccsnenecesssacsesnscenesensl Section 4.23) Drying of Clothes im Public Views .scsscascccsenencconerel?

Section 4.24 Lot Maintemance..ccccccacccsccacnecvctscccccssccnccscencl?

Section 4.25 Parking and Storage of Automobiles, Boats, Trailers and other Vehiclessscacesacnccensccucest?

Section 4.26 Prohibition of Offensive Activities. ssccsssecccervesccel?

Section 4.27 Signs, Advertisement and Billboards.csssscsceccenenneesi® Section 4.28 Maximum Height of Antenma..ccscccccccessccrecccecenceselG Section 4.23 Animal Husbandrysecceuscvaccncencccncsveccusessucevcesel® Section 4.30 Mineral Operations... ccsscsecccsacccensscvnencscccsceel® Section 4.31 Residence and Improvement Damaged by Five or StormsccccuncvccensccvccnscccssenssccesessssseslB Section 4.32 Licensed Vehicles with Licensed Operators..scesssceeeeel® Section 4.33 Common Aveas.rascccccecceucscccacsccnsccccssessnnveseneld Section 4.34 Mail BOXES. one enccuenecerntaensscsnseenasesccssnnensanald Section 4.35 Wind GeneratorSscsscscvescevccceccvccrcccscesasesnnscneld Section 4.36 Solar Collectors.sccscasccccncscecccssvccvvccssseveseeeld Section 4.37 Garagesesceccescecccacecccscccsnnscscessssssseserccseneld -2- (6/22/90) ARTICLE Section Section Section Section ARTICLE Section ARTICLE Section Section Section ARTICLE Section Section Section Section ARTICLE Section ARTICLE Section ARTICLE Section ARTICLE Section ARTICLE Section ARTICLE Section EXHIBITS y 3.0 3.02 5.03 5.04 VI 6.01 VII 7.01 7.02 7.03 VIII 8.01 8.02 8.923 8.04 Ik 9,01 x 10.01 XI 11.01 XII * 12.01 XIII 13.01 XIV 14.01 2235 1610 SPECIAL RESTRICTIONS - "GOLF COURSE LOTS"

Section EXHIBITS y 3.0 3.02 5.03 5.04 VI 6.01 VII 7.01 7.02 7.03 VIII 8.01 8.02 8.923 8.04 Ik 9,01 x 10.01 XI 11.01 XII * 12.01 XIII 13.01 XIV 14.01 2235 1610 SPECIAL RESTRICTIONS - "GOLF COURSE LOTS" Electric SOrvicGerccccnvccccccsr ccc recenmesesannpensesens 13 Gav agGSer cee ccenccsnsescercene ere arn ern meesasesesceaslhd SOt—Backecccccvecnncccvcncenarectenvssaseesseusesasreveld Grass. euensaccccrnuvcerteesens eee e eens sae enacneenecce 220 NATURAL GAS Non-Utilization Charge...sscceeee wor rrrrerrrrrrrr rr rere!

ELECTRICAL SERVICE Underground Residential Subdivision... ccssnessvccvenveerald Residential Service... ccecccsccvceerennrceseacssceeesesal Future Development.....se0- er ceneee sec wow rrsccscreeeeecs MAINTENANCE ASSESSMENTS Creation of the Lien and Personal Obligation of ASSESSMENTS. cerca reeececcsasersucserereesda Maintenance Charge. rcosvccsaccccncneenunescceavereessvescad Effect of Nonpayment of Assessments. .cccecvcenncceesensat Lien to Enforce Payment or AssessmentS.secceusccseereesad MEMBERSHIP IN ASSOCIATION MOEMDOYVShip. .ccscnccccccsevccsscrsceseeasnccenssesnarees cl AMENDMENT VOtiNg tO AMEN. poorer eonccescnnesneseussateasnsassscesal BINDING EFFECT Binding Effect. -csccccnesecncncsereceunvensvcvsssessenscl CORRECTION OF ERRORS Clarifying AMDIGUIELES. cecencascnensncnceresnnvccsarseeal LIMITATION OF LIABILITY Architectural Control Committee. ccossccsccccsccnvsncsesal APPROVAL OF LIENHOLDER Approval of Lienholder.ccwcsucsncccesuccncsunacccvnvees rl Exhibit "Av vc cccnncenncceseccensnsaesecsscerssssssseserah Exhibit "BY ccssacescveceecececsansesucsneeseensnnseen san -3- (6/22/30) 2235 161!

DECLARATION OF RESERVATIONS, RESTRICTIONS AND COVENANTS PECAN GROVE PLANTATION, SECTION 13 STATE OF TEXAS KNOWN ALL BY THESE PRESENTS COUNTY OF FORT BEND

sucsneeseensnnseen san -3- (6/22/30) 2235 161!

DECLARATION OF RESERVATIONS, RESTRICTIONS AND COVENANTS PECAN GROVE PLANTATION, SECTION 13 STATE OF TEXAS KNOWN ALL BY THESE PRESENTS COUNTY OF FORT BEND That PECAN GROVE ASSOCIATES (hereinafter called "DEVELOPER" being the owner of that certain tract of land which has heretofore been platted into that certain subdivision known as "PECAN GROVE PLANTATION, Section 15", according to the plat (the "plat" or the “recorded plat") of said subdivision recorded in the office of the County Clerk of Fort Bend create and carry out a uniform plan and scheme for the improvement, development and sale of property in said PECAN GROVE PLANTATION, Section 19 (hereinafter referred to as the "SUBDIVISION"), does hereby adopt, establish, promulgate and impress the following Reservations, Restrictions and Covenants ‘hereinafter referred to as the "Reservations, Restrictions and Covenants” or "Restrictions") which shall be and are hereby made applicable to the Subdivision, except that no part of the Reservations, Restrictions, and Covenants shall be deemed to apply in any manner to the areas shown as Unrestricted Reserve "A" or "B" nor to apply in any manner to any areas not included in the boundaries of said plat.

I, GENERAL PROVISIONS Section 1.01. EXECUTED DEED. Each Contract, Deed or Deed of Trust which may be hereinafter executed with respect to any property in the Subdivision (sometimes herein referred to as "lot" or "lots") shall be deemed and held to have executed, delivered and accepted subject to all of the provisions of this instrument, including without limitation, the Reservations, Restrictions and Covenants herein set forth, regardless of

to have executed, delivered and accepted subject to all of the provisions of this instrument, including without limitation, the Reservations, Restrictions and Covenants herein set forth, regardless of whether or not any of such provisions are set forth in said Contract, Deed, or Deed of Trust, and whether or not referred to in any such instrument.

Section 1.02. EASEMENT - SET-BACK LINES. The utility easements and building set-back Lines shown on the plat referred to above are dedicated subject to the reservations hereinafter set forth.

Section 1.03. UTILITY EASEMENTS.

(a) The utility easements shown on the recorded plat are dedicated with the reservation that such utility easements are for the use and benefit of any public utility operating in Fort Bend County, Texas, as well as for the benefit of the Developer and the property owners in the Subdivision to allow for the construction, repair, maintenance and operations of a system or systems of electric light and power, telephone lines, gas, cable TV, water, sanitary sewers, storm sewers, and any utility or service which the Developer may find necessary or proper.

(b) The title conveyed te any property in the Subdivision shall not be held or construed to include the title to the water, gas, electricity, telephone, storm sewer or sanitary sewer lines, poles, pipes, conduits or ather appurtenances or facilities constructed by the Developer or public utility companies upon, under, along, across or through such public utility easements, and the right (but not the obligation) to construct, maintain, repair and operate such systems, utilities, appurtenances and facilities is reserved to the Developer, its successors and assigns.

-4- (6/22/90) 2239 1612 (c) The right to sell or lease such lines, utilities, appurtenances

h systems, utilities, appurtenances and facilities is reserved to the Developer, its successors and assigns.

-4- (6/22/90) 2239 1612 (c) The right to sell or lease such lines, utilities, appurtenances or other facilities to any municipality, governmental agency, public service corporation or mther party is hereby expressly reserved to the Developer.

(d) The Developer reserves the right to make minor changes in and minor additions to such utility easements for the purpose of more efficiently serving the Subdivision or any property therein.

(e) Neither the Developer or any utility company, nor their Successors or assigns, using said utility easements shall be liable for any damage done by any of such parties or any of their agents or employees to driveweys, sidewalks, shrubbery, trees, flowers, fences, or other property of the land owner situated on the land covered by said utility easements.

Section 1.04, DURATION AND AMENDMENT. Except as expressly amended Pursuant to this Paragraph 1.04 or Article X of these Restrictions, all of the provisions hereof shall run with the land and shall be binding upon the Developer, its successors and assigns, and all persons or parties claiming under it or them for a period of forty (40) years from the date hereof, at which time all of such provisions shall be automatically extended for successive periods of ten (10) years each, unless prior to the expiration of the initial period of forty (40) years or a successive period of ten (10) years, the then owners of a majority of lots in the Subdivision shall have executed and recorded an instrument changing the provisions hereof, in whole or in part of, the provisions of said instrument to become operative at the expiration of the particular period

shall have executed and recorded an instrument changing the provisions hereof, in whole or in part of, the provisions of said instrument to become operative at the expiration of the particular period in which such instrument is executed and recorded, whether such particular period be the aforesaid forty (40) year period or any successive ten (10) year period thereafter. In addition to the above described right of the owners of a majority of lots in the Subdivision to amend the Restrictions at the expiration of the aforesaid forty (40) year period and any successive ten (10) year period, these Restrictions may he amended, in whole or in part, by an instrument executed by the then owners of not less than sixty-six (66%) percent of the lots in the Subdivision, but no such amendment shall be effective until recorded in the Office of the County Clerk of Fort Bend County, Texas, (provided that for such amendment to be effective, such amendment must reflect not more than three hundred sixty-five (365) days between the notorial acknowledgment of the earliest lot owner executing such amendment and the date of recording of such amendment).

Section 1.05. ENFORCEMENT. In the event of any violation or attempted violation of any of the provisions hereof, including any of the Reservations, Restrictions and Covenants herein contained, enforcement shall be authorized by any proceedings at law or in equity against any person or persons violating or attempting to violate any of such provisions, including proceedings to restrain or prevent such violation or attempted violation by injunction, whether prohibitive in nature or mandatory in commanding such compliance with such provisions, and it shall not be a prerequisite to the granting of any such injunction to show

iolation by injunction, whether prohibitive in nature or mandatory in commanding such compliance with such provisions, and it shall not be a prerequisite to the granting of any such injunction to show inadequacy of legal remedy or irreparable harm.

Likewise, any person entitled to enforce the provisions hereof may recover such damages as such person has sustained by reason of the violation of such provisions. It shall be lawful for the Developer, or for any person or persons owning property in the Subdivision Cor in any other Section of "PECAN GROVE PLANTATION" defined herein as the development in Fort Bend County, Texas planned and developed by Developer and consisting of Pecan Grove Plantation, Sections 1 - 11, inclusive, evidenced by plats recorded in the Fort Bend County Map Records and Restrictions recorded in the Fort Bend County Deed Records and any other sections of Pecan Grove Plantation hereafter developed by Developer) to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of such provisions.

-S- : (6/22/90) 2235 1613 Section 1.06. PARTIAL INVALIDITY. In the event that any portion of the provisions hereof shall become or be held invalid, whether by reason of abandonment, waiver, estoppel, judicial decision or otherwise, such Partial invalidity shall not affect, alter or impair any other provision hereof which was not thereby held invalid, and such other provisions of the Restrictions, Reservations and Covenants shall remain in fuil force and effect, binding in accordance with their terms.

Section 1.07. EFFECT OF VIOLATIONS ON MORTGAGEES. No violation of the provisions herein contained, or any portion thereof, shall affect the lien of any Mortgage or Deed of Trust presently or hereafter placed of

07. EFFECT OF VIOLATIONS ON MORTGAGEES. No violation of the provisions herein contained, or any portion thereof, shall affect the lien of any Mortgage or Deed of Trust presently or hereafter placed of record or atherwise affect the rights of the Mortgagee under any such Mortgage, the holder of any such lien or beneficiary of any such Deed of Trust, and any such Mortgage, lien or Deed of Trust may, nevertheless, be enforced in accordance with its terms, subject, nevertheless, to the provisions herein contained, including said Reservations, Restrictions and Covenants.

Tf.

ARCHITECTURAL CONTROL Section 2.01. BASIC CONTROL.

(a) No building or other improvements of any character shall be erected or placed, or the erection or placing thereof commenced, or changes made“in the design thereof or any addition made thereto or exterior alteration made thereto after original construction, on any property in the Subdivision until the obtaining of the necessary approval (as hereinafter provided) of the construction plans and specifications or other improvements. Approval shall be granted or withheld based on matters of compliance with the provisions of this instrument, quality of materials, harmony of external design with existing and proposed structures and location with respect to topography and finished grade elevation.

(b) Each application made to the architectural control authority (whether Developer or the Pecan Grove Plantation Architectural Control Committee, as applicable shall be accompanied by three sets of plans and specifications for all proposed construction to be done on such lot including plot plans showing the proposed location for all construction on the lot and dimensions of all proposed walks, driveways, curb cuts and all

r all proposed construction to be done on such lot including plot plans showing the proposed location for all construction on the lot and dimensions of all proposed walks, driveways, curb cuts and all other matters relevant to architectural approval.

Section 2.02. ARCHITECTURAL CONTROL AUTHORITY Ca). The authority to grant or withhold architectural control approval as referred to above is vested in the Developer, except, however, that such authority of the Developer shall cease and terminate upon the election of the PECAN GROVE PLANTATION Architectural Control Committee, in which event such authority shall be vested in and exercised by the PECAN GROVE PLANTATION Architectural Control Committee (as provided in (b> below}, hereinafter referred to, except as to plans and specifications and plats theretofore submitted te the Developer which shall continue to exercise such autnority over all such plans, specifications and plats.

The term "Architectural Control Authority" as used herein shall mean or refer to the Developer or to the PECAN GROVE PLANTATION Architectural Control Committee as the case may be.

-6- (6/22/90) 2239 1614 (bd At such time as all of the lots in the Subdivision and in ali other Sections of Pecan Grove Plantation (as platted, from time to time, hereafter} shall have been sold by the Developer, then the Developer shall cause a Statement of such circumstances to be placed of record in the Deed Records of Fort Bend County, Texas. Thereupon, the lot owners in PECAN GROVE PLANTATION may by vote, as hereinafter provided, elect a committee of three (3) members to be known as the PECAN GROVE PLANTATION Architectural Control Committee (hereinafter referred to as the "Committee"). Each member of the Committee must be an owner of property

e of three (3) members to be known as the PECAN GROVE PLANTATION Architectural Control Committee (hereinafter referred to as the "Committee"). Each member of the Committee must be an owner of property in some Section of PECAN GROVE PLANTATION. Each lot owner shall be entitled to one (1) vote for each whole lot or building site owned by that owner. In the case of any building site composed of more than one (1) whole lot, such building site owner shall be entitled to ane (1) vote for Bach whole lot contained within such building site.

(c) The Developer shall be obligated to arrange for the holding of such election within sixty (60) days following the filing of the aforesaid Statement by the Developer in the Deed Records of Fort Bend County, Texas, and to give notice of the time and place of such election (which shall be in Fort Bend County, Texas), not less than five (5) days prior to the holding thereof. Nothing shall be interpreted to require that the Developer actually file any such Statement so long as it has not subdivided and sold the entirety of the property contemplated for inclusion in PECAN GROVE PLANTATION, nor to affect the time at which the Developer might take such action if, in fact, the Developer dees take such action. Additionally, the Developer shall have the right to arrange for such election at any time prior to Developer’s sale of all of the lots in all sections of PECAN GROVE PLANTATION.

(d) Votes of the owners shall be evidenced by written ballot furnished bythe Developer Cor the Committee, after the initial election) and the Developer (or the Committee, after the initial election) shall Maintain said ballots as a permanent record of such election for a period of not less than four (4) years after such election. Any owner may

eloper (or the Committee, after the initial election) shall Maintain said ballots as a permanent record of such election for a period of not less than four (4) years after such election. Any owner may appoint a proxy to cast his ballot in such election, provided that his written appointment of such proxy is attached to the ballot as a part thereof.

(e) The results of each election shall promptly be determined on the bases of plurality vote of those owners then voting in such election.

(f) The results of any such election and of any removal or replacement of any member of the Committee may be evidenced by the recording of an appropriate instrument properly signed and acknowledged in behalf of the Developer sr by a majority of the Committee.

(g) After the first such election shall have been held, thereafter tha Committee shail be obligated to arrange for elections Cin the manner and after notice as set forth above) for the removal and/or replacement of Committee members when so requested in writing by thirty (30) or mare lot owners in the Subdivision. Members of the Committee may, at any time, be relieved of their position and substitute members therefore designated by vote as set forth above.

Ch) Upon the death, resignation, refusal or inability of any member of the Committee to serve, the remaining members of the Committee shall fill the vacancy by appointment, pending an election as hereinabove provided for.

(i) «If the Committee should fail or refuse to take any action herein provided to be taken by the Committee with respect to setting elections, conducting elections, counting votes, determining results and evidencing such results, or naming successor Committee members, and such failure or refusal continues for a period which is unreasonably long Cin the

elections, counting votes, determining results and evidencing such results, or naming successor Committee members, and such failure or refusal continues for a period which is unreasonably long Cin the exclusive judgement of the Developer), then the Developer may validly perform such function.

~7- (6/22/50) 2239 1615 (j) The members of the Committee shal! be entitled to such compensation for services rendered and for reasonable expenses incurred as may, from time to time, be authorized or approved by the PECAN GROVE PROPERTY OWNERS’ ASSOCIATION. All such sums payable as compensation and/or reimbursement shall be payable only sut of the "Maintenance Fund", hereinafter referred to.

Section 2.03. EFFECT OF INACTION. Approval or disapproval as to architectural control matters as set forth in the proceeding provisions shall be in writing. In the event that the authority exercising the Prerogative of approval or disapproval (whether the Developer or the Committee) fails to approve or disapprove in writing any plans and Specifications and plats received by it in compliance with the prececing provisions within thirty (30) days following such siamission, such plans and specifications and plat shall be deemec approved and the construction of any such building and other improvements may be commenced and proceeded with in compliance with all such plans and specifications and plat and all of the other terms and provisions thereof.

2.04, EFFECT OF APPROVAL. The granting of the aforesaid approval Cwhether im writing or by lapse of time) shall constitute only aa expression of opinion, whether by the Developer or the Committee, that the terms and provisions hereof shall be complied with if the building and/or other improvements are erected in accordance with said plans and

opinion, whether by the Developer or the Committee, that the terms and provisions hereof shall be complied with if the building and/or other improvements are erected in accordance with said plans and specifications and plat, and such approval shall not constitute any nature af waiver or estoppel either as to the persons expressing such approval or any other person in the event that such building and/or improvements are constructed in accsrdance- with such plans and specifications and plat, but, neverth@less, fail to comply with the provisions hereof. Further, no person exercising any prerogative of approval or disapproval shall incur any liability by reason of the good faith exercise thereof. Exercise of any such prerogative by one (1) or more members of the Committee in their Capacity as such shall not constitute action by the Developer after the Blection of such Committee members, notwithstanding that any such Committee member be an officer, owner or director of Developer.

Section 2.05. MINIMUM CONSTRUCTION STANDARDS. The Architectural Control Authority may from time to time promulgate an outline of minimum acceptable construction standards, provided, however, that such outline will serve as a minimum guideline only and such Architectural Control Authority shall not be bound thereby. In order to control the quality of construction and to reasonably insure that all residential construction Cincluding the construction of the residence and all other improvements on the lot) is constructed in accordance with (a) the recorded plat, ¢b) the recorded Reservations, Restrictions and Covenants, (c) the Fort Bend County regulations, (qd) minimum acceptable construction standards as promulgated from time to time by the Architectural Control Authority, and

ervations, Restrictions and Covenants, (c) the Fort Bend County regulations, (qd) minimum acceptable construction standards as promulgated from time to time by the Architectural Control Authority, and Ce) Architectural Control Authority regulations and requirements, the Architectural Control Authority may conduct certain building inspections and the builder and/or owner in construction of all improvements shall hereby be subject to such building inspections and building inspection policies and procedures as established from time to time by the Architectural Control Authority. A fee in an amount to be determined by the Architectural Control Authority, must be paid to the Architectural Cantro) Authority prior to architectural approval, or at such other time as designated by the Architectural Control Authority, to defray the expense of such building inspections.

-&- (6/22/90) 2235 1618 Section 2.06. VARIANCES. The Architectural Control Authority may authorize variances from compliance with any of the Reservatsisns, Restrictions and Cavenants or minimus acceptable construction standards or regulations and requirements as promulgated from time to time by the Architectural Control Authority, when circumstances such as topography, Natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidencec in writing and shall become effective when signed by at least a majority of the members of the Architectural Control Authority. If any such variances are granted, no violation of the provisions of these Reservations, Restrictions and Covenants shall be deemed to have occurrec with respect to the matter which the variance is granted, provided, however, that the granting of a

of the provisions of these Reservations, Restrictions and Covenants shall be deemed to have occurrec with respect to the matter which the variance is granted, provided, however, that the granting of a variance shall not operate to waive any of the provisions of these Reservations, Restrictions and Covenants for any purpose except as to the particular property and particular provisions herest covered by the variance, nor shall the granting of any variance affact in any way the owner's sbligation to comply with all governmental laws and regulatisns affecting the property concerned and the recorded plat.

Section 2.07. NOTICE QF NONCOMPLIANCE. If, as a result of inspections or otherwise, the Architectural Cantrol Authority finds that any residential construction has been done without obtaining the approval of the Architectural Control Authority or was not done in conformity with the approved plans and specifications and plat, the Architectural Control Authority shall notify the owner in writing of the noncompliance, which notice ("Notice of Noncompliance") shali te given, in any event, within sixty (60) days after the Architectural Control Authority receives a written notice from the owner of the completion ef such owner’s residential construction or improvements (the "Notice of Completion").

The Notice of Noncompliance shall specify the particulars of the noncompliancé and shall require the owner to take each action as may be necessary to remedy the noncompliance. If, for any reason other than the owner's affirmative acts or omissions, the Architectural Control Authority fails to notify the owner of any noncompliance within sixty (60) days after receipt by the Architectural Control Authority of the Notice of

ative acts or omissions, the Architectural Control Authority fails to notify the owner of any noncompliance within sixty (60) days after receipt by the Architectural Control Authority of the Notice of Completion, the improvements constructed by such owner on the property shall be deemed in compliance if such improvements were, in fact, completed as of the date of Notice of Completion.

If, however, the Architectural Control Authority issues a Notice of Noncompliance, the owner shall remove the same within a period of not more than forty-five (45) days from the date of receipt by the owner of such Notice of Noncompliance. If the owner does not remove the noncompliance within forty-five (45) days after receipt of the Notice of Compliance or commence to remove such noncompliance in the case of a noncompliance which cannet reasonably be expected to be removed within forty-five (45) days (provided that such owner diligently continues the removal of such noncompliance) the Board of Directors of the Association may at its option vecord a Notice of Noncompliance against the property on which the noncompliance exists, or may otherwise remove such noncompliance, and the owner shall reimburse the Association, upon demand, for all expenses incurred therewith, which reimbursement obligation shall be in the same manner as the payments of maintenance charges and assessments (described in Article VIII of the Reservations, Restrictions and Covenants). The right of the Board of Directors to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Board of Directors may have at law, in equity, or under the Reservations, Restrictions and Covenants to cure such noncompliance.

Section 2.08. NO IMPLIED WAIVER OR ESTOPPEL. No action or failure

h the Board of Directors may have at law, in equity, or under the Reservations, Restrictions and Covenants to cure such noncompliance.

Section 2.08. NO IMPLIED WAIVER OR ESTOPPEL. No action or failure to act by the Architectural Control Authority or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the Architectural Control Authority or Board of Directors with respect to the construction of any improvements on the property within the Subdivision.

Specifically, the approval by the Architectural Control Authority of any such residential construction shall not be deemed a waiver if any right or an estoppel to withhold approval or consent for any similar residential construction or any similar proposals, plans, specifications or other materials submitted with respect to any other residential construction by such person or otherwise.

-3- (6/22/90) 2235 1617 Section 2.09. DISCLAIMER. No approval of plans and specifications and no publication or designation of architectural standards shali ever be construed as reprasentations er implying that such plans, apecifications or standards will result in a properly designed structure or satisfy any legal requirements, including compliance with Paragraph 4.14.

Ift UTILITY EASEMENTS Section 3.01. EASEMENTS, (2) A tan (10) foot utility easement has been dedicatad along the front of all lots as shown on the recorded plat, axcept as otherwise indicated on the recorded plat.

(b) A five (5) foot utility easement haa been dedicated along all sida lot lines adjacent to streat right-of-ways of corner lots, except as otherwise indicated on the recorded plat, and along other side lot side lines as shown on the recorded plat.

(Cc) Rear utility easements have baen dedicated in accordance with

f corner lots, except as otherwise indicated on the recorded plat, and along other side lot side lines as shown on the recorded plat.

(Cc) Rear utility easements have baen dedicated in accordance with the recorded plat.

(d) All street right-of-ways have been dedicated as utility @asements in accordance with the recorded plat.

Ce) Other ground and aeriai utility easements have been dedicated in w accordance with the recorded plat, and by separate recorded easement. a (f) No building shall be located over, under, upon or across any portion of any of the aforesaid utility easements (which easements are‘not | vies hereinafter abandoned or terminated), however, the owner of each lot shall reas have the right to construct, keep and maintain paving, sidewalks, drives, . es etc., across the utility easement along the front of the lot and utility easements along the side of such lets (the “side lot utility easenent") adjacent to strest right-of-ways and shall be entitled to cross such: easements at all times for purpose of gaining access to such lots.

(g) The owner of each lot also shall have the right to construct, keep and maintain paving, sidawalks, drives, steps and air conditioning units and equipzent over, across or upon any side lot utility easeaent - to “other than along any side lot utility easement which is adjacent to a vied.

. street rignt-of-way", and shall be entitled to, at all times, to cross, on have access and use the improvements located thereon, however, any such Pte improvements placed upon such side lot utility easement by the owner shall © °° te constructed, maintained and used at owner’s risk and, as such, “the : owner of each lot subject to said side lot utility easement shall ba responsible for any and all repairs to the paving, sidewalks, drives,

ted, maintained and used at owner’s risk and, as such, “the : owner of each lot subject to said side lot utility easement shall ba responsible for any and all repairs to the paving, sidewalks, drives, steps and air conditioning units and equipment which cross or ara Llocatéd upon such side lot utility easenents, where such repairs are occasioned: by any public utility in the course of installing, operating, ‘maintaining, .

repairing or removing its’ facilities located within the side lot utility.

Basements. The owner of-each lot shall indemnify and hold haroless public utility easenents for injury to persons or damage to property in any way bon occurring, incident to, arising out of, or in connection with the installation, operation, maintenance, repair or removal of utility cae equipment or facilities located within said side lot ufility easenents * where such injury or damage is caused or alleged to be caused by:such -; aren public utility or its’ employees, officer, contractors, or agents and. even when caused or alleged to be caused.by the sole negligence of such - 3 utility, its’ employees, officers, contractors or agents. Howaver, | in: no event, shall 2a lot owner construct, daintain or use any. of the above © te described improvements or any other improvements not approved by: ‘the. * Connittee within any utility easements along the rear of such; owner's, lot La ws 2235 1618 ty USE RESTRICTIONS Section 4.01. SINGLE FAMILY RESIDENTIAL CONSTRUCTION.

(a) No building shall be erected, altered or permitted to remain on any iot other than one (1) detached single-family residential dwelling not to exceed two (2) stories in height and 4 private garage (or other covered

hall be erected, altered or permitted to remain on any iot other than one (1) detached single-family residential dwelling not to exceed two (2) stories in height and 4 private garage (or other covered parking facility) for not more than three (3) automobiies and other bona fide servant's quarters; provided, towever, that the servant's quarter Structure snall not exceed the main dweiiing in height or numter of stovies.

(b) As used herein, the term “Residential Dwelliag™ shall be construed to prohibit mobile homes or trailers being placed on said lots, or the use of said lots for duplex houses, garage apartments, or apartment.

houses.

(c) No lot shall be used for business, aducational, or professional purposes of any kind, nor for any commercial, church or manufacturing purposes (d) No ouilding of any kind or character shall ever be moved onto any let within the Subdivision except as otherwise permitted by Paragraph wo Ca) All construction (new homes, additions, remodeling, and’ repairs), bth S shall be comfleted within a reasonable length of time. However, ; nee construction of any type must be completed within six (6) months from the .

time said construction was started. No new home may be occupied until a Certificate of Completion has been issued.

Section 4.02. DESIGNATION OF LOT TYPES. re (a) Golf Course Lots: Black Two (2), Lots One (1) and Two (293 rae Block Three (3), Lots Twanty-Three (23) through Thirty -Two (32). een eee, (a) Town and Country Lots: Block One (t), Lots One a) _tarough: Bik (6) and Block Two (2), Lots Three (3) through Five (3). ° Section 4.03. MINIMUM SGUARE FOOTAGE CF RESIDENCE. The Living. area?

of the main residential structure (exclusive of porches, whether open or.

(6) and Block Two (2), Lots Three (3) through Five (3). ° Section 4.03. MINIMUM SGUARE FOOTAGE CF RESIDENCE. The Living. area?

of the main residential structure (exclusive of porches, whether open or.

screanad, garage or other car parking facility, terraces, driveways" ‘and | servant's quarters) shall be not less than 2500 square feet for a. - ity one-story dwelling, 2760 square feet for a two-story dwelling, with a ainisum of 1600 square feet thereof on tne first floor. Voce Section 4.04. LOCATION OF TKE IMPROVEMENTS UPON THE LOT. “No” ° residential structure, garage, carport or any other ioprovenent shall ‘be located on any lot nearer to the front, rear, side or street side lof.)

building line shown on the plat or nearer to the progerty lines than, the Minimum building set-back lines shown in tha table below. For purposes : ‘of this Declaration, eaves, steps, and unroofed terraces shall not be. me considered as part of a residentia! structura or other: improvement... This ° covenant shall not be construed to parmit any portion ofa building °: foundation on a lot fo. encroach upon an easenent. The main. reidential a: structure on any lot shall face the front of the lot, except as described below or unlass a deviation is approved in writing by “he Commis tee, ab 67887807: 2235 1619 Front Rear Side Side Lot Building Building Building Building Desicnated Set-Back_ Set-back, Setcpask. Setrvace.

Town & Country 25 ft.# 10 ft. ext 5 ft. 10 Fe. HEH # The front building set-back for ail lots fronting on the bulb of a cul-de-sac shall be 20 feet.

#* To protect views and maintain the character of the community, no Structure, out Ouilding, opaque fence or vail may be constructed without

lots fronting on the bulb of a cul-de-sac shall be 20 feet.

#* To protect views and maintain the character of the community, no Structure, out Ouilding, opaque fence or vail may be constructed without the prior written approval of the Architectural Control Authority in the rear portion of the lot, which includes the entire area from a line that extends across the rear of the residence and/or garage to and including each side lot line, then to and including, the rear lot line.

##t The rear building set-back Line shall be 10 foot except where the rear set-back line is otherwise controlled by a rear utility easemant.

###€ On corner lots, the front of the lot shall te defined as the a principle side of the lot having the lesser street frontage. The side whe building set-back line will be measured on the side of the lot facing the a larger streat frontage.

eeeee If a Rouse on a corner lot is constructed with the front or main entrance facing the side with tha larger street frontage, the required set-back for both fronting sides will be 25 feat.

Section 4.05. RESIDENTIAL FOUNDATION REQUIREMENTS. Minimum finished - ae stab elevation for all structures shall be 65.0 feet above aean sea lavel, 0 7 0: or such other level as may be established by the Commissioner's Court of Fort Bend County, Texas, or other governmental authorities. Inno case ..

Will a slab be lower than eighteen (18) inches above matural ground, For. 2...

purposes of this instrument, the word “iot" shall not be deemed to include -any portion of any Reserva or Unrestricted Reserve in the: ‘Subdivision, : ‘ regardless of the use aade of such area.

the removal of any dirt from any lot is expressly prohibited except as may.

ivision, : ‘ regardless of the use aade of such area.

the removal of any dirt from any lot is expressly prohibited except as may.

be Necessary in conjunction with the landscaping of or construction ‘on such lot. No trees shall be cut or removed except to ‘provide rooa tor °° construction of icproveaents or to remove dead or unsightly trags.

Section 4.07. MASONRY REQUIREMENT. Without the prior approval of the Architectural Control Authority, me residence shall have less-than -fifty-one percent (S1Z). masonry construction or its equivalant on its "7, exterior wall area, except that detached garagas may have wood’ siding. on. .

the sides and tack. of a type and design approved by the Architectural.”

Control Authority. . ee, oes Section 4.08. AIR CONDITIONING REQUIREMENT. 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 Subdivision. ee Section 4.09. OISPOSAL UNIT REQUIREMENT. Each Kitchen: in each” : dwelling or living quarters situated on any lot shall be ‘equipped:with.a.

garbage disposal unit, which garbage disposal - unit shall at all. tines: be: kept ina serviceable condition. - a ee Cn (1771-00 2235 1620 Section 4.10. ELECTRICAL HOUSE SZRVICE. Only under ground electrica service shall be available for icts and mo above surface electric service Wires Will Se installed outside of any structure. Underground electrica!

service lines shall extenc through and under said lot in order te serve any structure thereon, and the area above said underground lines and extending 2 1/2 feet to each side of said underground line shal! ba subject to excavation, refilling and ingress and egress for the

any structure thereon, and the area above said underground lines and extending 2 1/2 feet to each side of said underground line shal! ba subject to excavation, refilling and ingress and egress for the installation, inspection, repair, replacing and removing of said underground facilities by such utility company, and owners of said¢ lots shail ascertain the location of said lines and keep the area over the route of said lines free of excavation and clear of structures, trees or other obstructions.

Section 4.11. ROOFING REQUIREMENT. No external roofing material ra other than 30C pound composition shingles of a wood tone color as approved - sy by the Archisectural Control Authority shall be used on any building on any Loft without written approval cf the Architectural Control Authority.

Section 4.12. DRIVEWAYS, SIDEWALK, CURBS, MANHOLES AND STORM SEWER INLET.

Ca) Driveways shall be entirely of concrete and shall be constructed .

With 4 ainimum width of nine (9) feet on the lot, however, that portion of she driveway that lies between the property line (street right-of-way line) and the street curb shail be a minimum width of ten (10) feet and all driveways shall be constructed in accordance with detail, design and specifications as shown on Exhibit "A" attached hereto and made part: on hereof for all purposes. Concrete curgs are not to be broken when — av constructing the concrete driveway. ALI concrete curbs are to be. saw- cut: aioe and expansion joints installed in accordance with Exhibit “as of these Restrictions, (b) A concrete sidewalk four (4) feet in width, running parallel to .the curvature of the streat, located five (5) feet back fron the. curb and 7 in line with any existing sidewalks shall be required on all lots and: i

alk four (4) feet in width, running parallel to .the curvature of the streat, located five (5) feet back fron the. curb and 7 in line with any existing sidewalks shall be required on all lots and: i as shown on Exhibit “A" of these Restrictions. : Lot Cc) Concrete curbs that are chipped, cracked and/er broken on the oss street front or street side of all lots are to be repaired or replaced by the builder or owner of the residence on each lot prior te Occupancy of... the residence on said lots. Chipped curbs may have patched: Tepairs using.

an “epoxy grout" aixture. Where several chipped curbs appear in the sane: : area, the entira section of curb (i.e. driveway to driveway) must be Sie overlayed with the “enoxy grout" mixture. Cracked or. broken curbs shalt’ be saw-cut on both sides of the crack or break, the cracked - Or broken area reaovec, ceformec, reinforced with a single No. 4 rebar, using standard.

dowel: placeaent, and poured (using five (3). sack concrete mix) to match existing curd in accordance with requirenents as set out in Exhibit MAM. of ae these Restrictions. sy a (d) Manholes, valve boxes and storm sewer inlets ovned by Pecan me, Grove Municipal Utility District (the “Distries") that may he located in driveways and/or sidewalks are to be rebuilt by builder or owner. of the. cae residence in accordance with detail, design and. specifications as shown: non” Exhioit "B*° attached to the Restrictions and made part hereof ‘for. all: Purposes. Each Suilder or owner of the residence shall ‘obtain peroission from the District to adjust or rebuild manholes, valve boxes and. storn We sewer inlets prior to any construction and will conform to the District's

or owner of the residence shall ‘obtain peroission from the District to adjust or rebuild manholes, valve boxes and. storn We sewer inlets prior to any construction and will conform to the District's construction and inspection requiresents. OFA as _ (2) Wheel chair ragp(s) are required to be constructed. at “corner lots for access to and froa the sidewalks;. wheel chair. ragipts).” ee consGruction will conform with detail, design and specifications- as: ‘shown on Exhibit “B" of these Restrictions unless an alternate. design: is: anproved by. the Architectural. Control Authority. : Ade F (6/22/86) 2235 1621 (f) All sidewalks and driveways coastructad within the strest rign C-ot-way shall be constructed in accordance with these Restrictians as see out in Paragraph 4.12 and in Exhibits "AY anc "B", al! prior te Occupancy of the residence. Necessary concrete curb repairs or replacement shall be completed in accordance with these Restrictions set out in Paragraph 4.12 Ce), all prior to occupancy of the residenca.

Section 4.13. SUILDING INSPECTIONS OF DRIVEWAYS, SIDEWALKS, CURBS, MANHOLES AND STORM SEWER INLETS.

(a) [fm order to contro! the quality of construction for vork describad in Paragraph 4.12 there is a requirement that there shaii te a construction (ouilding) inspection prior to and after the pouring of concrete for driveways and sidewalks. A fee, im an amount to be determined by Developer, must ba paid to Developer prior to architectural approval of such residential inprovements to defray the expense for this one time (before and after) building inspection. In the event construction requirements ars inconplete or rejected at the time e* inspaction and it becomes necessary to have additional building

r this one time (before and after) building inspection. In the event construction requirements ars inconplete or rejected at the time e* inspaction and it becomes necessary to have additional building inspect‘sns, a fea, in amount to be determined by Developer, must be paid to Developer prior to each building inspection. . J: (6b) Prior So a request for a ouilding inspection, pursuant to this Paragraph 4.12 the builder of any residence, whether the owner or contractor, hereinafter referred to as the “Buildar", is required to arepare the driveway and sidewalks complete with curb cuts, excavation, A compaction, forms, steel and expansion joints as set out in Paragraph 4.2 are and as shown in Exhibits "A™ and "B" attached to these Restrictions; and a, to complete the construction requirements for manholes, valves and. stora RY sewer inlets as set out in Paragraph ¢.12 and as shown in Exhibit "B" net attached to these Restrictions, and Builder shall not pour concrete . for the driveways and sidewalks until after Developer or Cevatonar’s assignee a approves such construction in writing to Builder. Poe a te of concrete curbs and approval of same in writ: Ag as set out in this ara Paragraph 4.12 prior to occupancy of the residance. _ epee (d) Every owner of a lot at the tine of construction shall. have: ‘thes game responsibility for such construction inspection and approval, ¢ as a. “ Builder as set out in Paragraph 4.13. .

Section 4.14. LOT DRAINAGE, (a) Each cwner of a lot agrees for himself, | his heirs, assigns, or, successors in interest that he vill mot im any way interfera with the |“.

established drainage pattern over his iot from adjoining er other’ lots in. |

ot agrees for himself, | his heirs, assigns, or, successors in interest that he vill mot im any way interfera with the |“.

established drainage pattern over his iot from adjoining er other’ lots in. | the Subdivision; and te vill make adequate provisions for property .

Grainaga in the aveat it becomes necessary to change the: established drainaga over his lot. For the purgose hereof, “estaslished drainage" defined as the drainage which existed at the time that the overall’ grading.

of the Sutdivision, includiag landscaping, of any lot in the Subdivision, ; Was completed by Developer. : - (b) Builder,-unless otherwise approved by the Architectural Control.

Authority, must finish the grade of the lot so as to establish good drainage from the rear of. the lot tothe front” street and no pockets or” low areas may be left on the lot (whether dirt or concrete): where water” will stand following a rain or during irrigation.” with the ‘approval.’ ‘of.

the Architectural Control Authority, Builder may establish’ an ‘alter rate’ drainage plan for low areas by installing underground pige. and- area inlets’ or by instatling an open concrete trough vith: area: inlets, : hovevér ,* oe Crainage plan for such alternate drainage aust be “Subpitted:to™ the . ; Architectural Control, Authority for prior written. approval.’ In no “case: shall the street curb be broken -to allow for drainage without: first”: obtaining Architectural Control Authority written: Approval. ‘tor: the: design and construction of an approved curb cut. Sa a ees © ee ee 17-777-1-)) 2235 1628 Section 4.15. LANDSCAPING.

(a) Bevore any iandscaping stali Gea dane on the front yare at aay Oewly constructed dwelling, the landscape layout anc plans shall have been

2235 1628 Section 4.15. LANDSCAPING.

(a) Bevore any iandscaping stali Gea dane on the front yare at aay Oewly constructed dwelling, the landscape layout anc plans shall have been first approved in writing sy the Architectural Control Authority. Such landscaping is to be done in the parkway area and in the front yard of thea lot ab the time the dwelling is being completed and Sefore occupancy.

(b) At the time of initial construction cf imarovaments an any tos in the Subdivision, the owner of each lot shall expand not less than $2,000.00 for planting of grass and shrubbery and other landscaping work in the front and side yards of suen lot, and such grass, shrubbery, and landscaping shall be maintained in a neat and attractive condition at all times.

Section 4.16. WALLS FENCES AND HEDGES. No wali, fance, planter cr hedge in excess of two feet (2!) high shall be erected, planted or Maintained (i) nearer to the front property line than the front building set-back line or (ii) on corner lats nearer to the side lot lina than the building set-back line parallet to said street. Excapt as otherwise previded in this Section 4.16, mo wall, fence, pianter or hedge shall be gore than six faet (6°) high.

(a) Golf Course Lots: To protect views and maintains tne charactar — of the Subdivision, no opaque wall, fence or hedge may be erected, planted © or maintained within the area of the rear portion of the lot, which includes the entire area from a line that extends across the rear of the residence and/or garage to and including each side lot line, then to and including the rear lot line. An ornamental iron or other decorative .

fence, as approved by the Committee, that would not unreasonably obstruct” the view of the Golf Course by adjacent property owners may be

ng the rear lot line. An ornamental iron or other decorative .

fence, as approved by the Committee, that would not unreasonably obstruct” the view of the Golf Course by adjacent property owners may be constructed.

(6) Town & Country Lots: A wood or other decorative fence, as approved by the Committee, may be constructed betwee- the front building set-back lina and the rear property line. Al! wood fences shall! be constructed with first quality wood, pressure treated wood pests and.

stringers and shall be set in concrete and maintainad in good repair with «.°: no @issing boards, no sagging stringers, and mo missing or leaning post(s). ‘ Saction 4.17. SWIMMING POOL. No swimming pool may be constructed on: any lot without the prior written approval of the Architectural Control. --: Authority. Each application made to the Archisectural Control Authority shall be accompanied by two sats of plans and specifications for the .. .

Proposed swimming pooi construction to be done on such lot, including a‘: -.~ plot plan showing the location of the svinming pool, pool equipment ners (pumps, filters, etc.) and all other improvements and dimensions of sane plus a plumbing and excavation disposal plan. The Architectural Control Authority's approval cr disapproval of such swiaming pool shall be made in improvements. : os a Section 4.18. REMOVAL OF TREES, TRASH AND CARE OF LOT DuRIN RESIDENCE CONSTRUCTION. fs (a} Builder or owner, during construction of: the residenie, is.

required to remove and haul from the lot ali tree ‘stumps, trees, : linbs:: branches, underbrush and all other.trash or rubbish cleared fron the lot |, for construction of the residence, construction of other. inprovenents and. _

rom the lot ali tree ‘stumps, trees, : linbs:: branches, underbrush and all other.trash or rubbish cleared fron the lot |, for construction of the residence, construction of other. inprovenents and. _ landscaping. No. burning is allowed on the lot and no aaterials. ar. trash!

hauled froa tha lot may be placed elsewhere in the Subdivision. ° mee (b) Builder | ‘or owner, during construction of the rezidance,’ is.

required to continuously keep the lot in reasonably. clean, and ‘organized © condition. Papers, rubbish, trash, scrap and unusable building materials: ’ are to be kept picked up and hauled from the lot. . Other usable: ‘building: materials are to be kept stacked. and ‘organized in 4 reasonable manner. - "No.

burning is allowed on the lot and. no makerials or trash hauled frog the: lot. may be’ placed, elsewhere in the Subdivision... Does whe * 2235 1623 (c) No trash, materia B allcwed in the street or street gutcer. Builder or owner snail street and street gutter fres fyim trash, materials, and dirt. Any such trash, materials, or dist inadvertently spilling sr getting ints the street or gutter shall te removed, without delay, not less frequently than daily.

(d) Builder or owner may not enter onto a lot adjacent to the lat upon which he is buitding for purposes of ingress and egress to the building lot during or after canstruction, untess such adjacent lot is alse owned by such Builder or owner, and all such lots shall be kept free of any trees, uncerorush, trash, rusbish and/or any other materials during or after construction of building improvements thereon.

Section 4.15. CONTROL OF SEWAGE EFFLUENT. No sutside toilets will be permittec, and no ingtallation of any type device for disposal of

ls during or after construction of building improvements thereon.

Section 4.15. CONTROL OF SEWAGE EFFLUENT. No sutside toilets will be permittec, and no ingtallation of any type device for disposal of sewage shall be allowed which woulc rasult in raw or untreated or unsanitary sewage being carried onto streets or into any body of water.

No septic tank or other means of sewage disposal will be permitted.

Section 4.20, COMPOSITE BUILDING SITE. Any owner of one or more adjoining lots (or portions thereof) may consolidate such lets or portions into one building site, with the privilege of placing or constructing improvements on such resulting site, in which case, side set-back lines Shall be measured from resulting side property lines rather than from the lot iines as indicated on the recorced plat. Any such composite building site must have a frontage at the building set-back line of not less than the minimum frontage of iots in the same block. Any such composite building site (or building site resulting from the remainder of one or more lots having been conswlidated into a composite building site)? must be of not less than Nine Thousand (9,000) square feet in area (and this shall supersede any contrary provision in the recorded plat). Any modification of a building site (changing such building site from either a single lot building site or from a multiple whole lot building site), whether as to size or configuration, may be made only with the prior written approval of the Architectural Control Authority. In addition, the side lot line utility easement must be abandoned in accordance with the law. Upon such abandonment and upon receipt of written approval of the Architectural Control Authority, such composite building site shall thereupon be

asement must be abandoned in accordance with the law. Upon such abandonment and upon receipt of written approval of the Architectural Control Authority, such composite building site shall thereupon be regarded as a "lot" for all purposes hereunder.

Section 4.21, USE OF TEMPORARY STRUCTURES.

€a) No structure of a temporary character; trailer, camper, camper trailer, motor vehicle, basement, tent, shack, garage, barn, storage building sr other outbuilding shall be placed on a int ner shall they be used on any lot at any time as a residence, except, however, that a garage constructed at the same time as residence is constructed may contain living quarters for Sona fide servants and except also that a field effice, as hereinafter provided, may be established.

(hb) Until the Developer has sold all the other lots in PECAN GROVE PLANTATION Cand during the process of canstruction of residences in the Eubdivision), a temporary field office for sales, resales and related purposes may be located and maintained by the Developer (and/or other parties authorizec. by Developer}. The location of such field office may be changed from time to time, as lots are seld. The Developer’s right to maintain or allow others to maintain such field office Cor permit such field office to be maintained) shall cease when all lots in PECAN GROVE PLANTATION except the lot upon which such field office is located, have been sold. No building may be used as a field office without the prior written consent of the Architectural Control Authority.

2235 1624 Section 4.22. VISUAL CSSTRUCTION AT THE INTERSECTIONS GF PUBLIC STREET. Mo whject or thing which sbstructs sight lines at elevations between Swo (2) feet and six (6) feet above she vcadways within the

Section 4.22. VISUAL CSSTRUCTION AT THE INTERSECTIONS GF PUBLIC STREET. Mo whject or thing which sbstructs sight lines at elevations between Swo (2) feet and six (6) feet above she vcadways within the triangalar area formed by the intersecting streat property lines and a tine connecting Shem at zoints twenty-five (25) feet from the intersecsien of the street lines Cor extensions theracf) shall be placed, glantea uv: Parmitted to remain on corner lots, Section 4.23. DRYING GF CLOTHES IN PUBLIC VIEW. The drying 37 thes in public view is prohibited, and the owners or occupants of any s at the intersection of streets sor adjacent to parks, piaygrounes or her facilities where tie rear yard sr (Por eres of the lot is visible to She public, shall construct and meinteia a drying yard wor other suites!

enclssure to screen drying clothes from "public view.

a % r Section 4.24, LOT MAINTENANCE.

(a) All lots shail be kept at all times in a sanitary, healthful and attractive condition, and the owner cr occusant of all iots shall keep ail weeds and grass thereon cut and shall in no event use any lot for storage of material or equipment except for normal residential requirements or incident to construction of improvements thereon as herein permitted, or perm:% the accumulation of garbage, trash, rubbish of any kind theresn, and shall not burn any garbage, trash or rubbish. All clothes iines, yard equipment or storage piles shall be kept screened by a service yard, drying yarc, or other similar facility as herein otherwise provided, so as to conceal them from view of neighboring lots, streets or other property.

fb) In the event of default on the part of the owner or sccupant of any lot in observing the above requirements or the requirements of

al them from view of neighboring lots, streets or other property.

fb) In the event of default on the part of the owner or sccupant of any lot in observing the above requirements or the requirements of Paragraph 4.18, such default continuing after ten (10) days written notice thereof to the Owner, Builder, or Occupant as applicable, the Developer Cuntil the Committee is selected, and thereafter, the Committee) may, without liability to the owner wr occupant in trespass or otherwise, enter upon Cor authorize one or more others to enter upon) said lot, and 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 these restrictions, so as to piace said lot in a neat, attractive, healthful and sanitary condition, and may charge the owner or occupant of such lot for the reasonable cost of sich work and associated materials. Peyment thereof shall be collected by adding the charges to the maintenance fee (secured by Vendor's Lien, as described in Paragraph €&.02) and shall be payable on the first day of the next calendar month with the regular monthly maintenance fee payment.

Section 4.25. PARKING AND STORAGE OF AUTOMOBILES, BOATS, TRAILERS AND OTHER VEHICLES. The parking of boats, boat trailers, cargo-type trailers, storage trailers, horse trailers, tractor trailers, camper whits, recreation vehicies, trucks ‘other than pickup trucks not ts exceed one (Ci) Son io size) ara expressly st rahi tac from Seing stored, sarked or N@pt on any lot, driveway, ar in the street in front of a lot, however, nosing herein contained shall be construed to prohibit the storage of an unused trailer, vehicle or boat in a covered and fully enclosed parking

driveway, ar in the street in front of a lot, however, nosing herein contained shall be construed to prohibit the storage of an unused trailer, vehicle or boat in a covered and fully enclosed parking Qarage. No automobile or approved pickup truck (as defined above) shall be stored, parked, or kept on any lot, driveway, or in the street in front of the lot unless such vehicle is in day-to-day use off the premises an such parking is only temporary from day-to-day and not to exceed forty-eight (48) hours in duration.

Section 4.26. PROHIBITION OF OFFENSIVE ACTIVITIES.

(a) All lots in the Subdivision shall be used only far single-family residential purposes. No noxious or offensive activity of any sert shail be permitted, nor shall anything be done on any Ict or street which may be or become an annoyance or nuisance to the neighborhood. No basketball goals or skateboard ramps may be erected, placed or used within the street right-of-way, which includes the areas adjacent to streets and sidewalks.

As indicated above, no lot in the Subdivision shall be used for any commercial, educational, manufacturing, business or professional purpose nor for church purposes. The renting or leasing of any improvements thereon or portion thereof is prohibited without the prior written consent of the Architectural Control Authority.

2235 1628 (b) Mo lot or other portion of the SUBDIVISION and/or TRE 3 and/or PECAN GPOVE PLANTATION shall se used of parmiitad for sunt for the discnarga of any pistol, rifle, smotgun, or any othes vir any Sow and arcov or any other device capable of willing or injur Section +.27. SIGNS, ADVERTISEMENT AND BILLBCARDS.

Ca) No sign, advertisement, billboard or other advertising structure

any othes vir any Sow and arcov or any other device capable of willing or injur Section +.27. SIGNS, ADVERTISEMENT AND BILLBCARDS.

Ca) No sign, advertisement, billboard or other advertising structure of any Kind may Se erected or maintained on any tot in the Subdivision without the prior written aporoval of the Developer Cuntil the Commitiee is selectac, and thereafter, the Committee) and any such = granted may be withdrawn at anytime, in which event, tha p sich permission shall immediately remove such strucSurc.

- 21 oprova ar Lowhich is Sy grantsec (bi Tha Develsper, until the Committee is selected, and theresa the Committee shall have the right to or to authorize an agent in it stead to dy so, to remove and dispose of any such probibitec sign, advertisement, billboard or advertising structure which is placed an any lot, and in doing so shall not ba subject to any liability for trespass or other tor’ 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.

Section 4.28. MAXIMUM HEIGHT GF ANTENNA. No radio or television aerial wires, antenna, or satellite receiving dish shall be maintainec on any portion of any lot cutside of the Ouilding set-Sack lines sf the lot or forwarc of the front of the improvements thereon; nor shall any antenna of any style (excluding satellite receiving dishes which are ciscussad below), be permitted to extend more than ten feet (10°) above the roof of the main residential structure on said lot. No satellite receiving dish may be erected or installed that extends more than six feet (6’) above the natural grade, and every satellite receiving dish shall be enclosed with a six foot (6°) high fence or wall constructed so that the dish is aot

installed that extends more than six feet (6’) above the natural grade, and every satellite receiving dish shall be enclosed with a six foot (6°) high fence or wall constructed so that the dish is aot visible from adjoining lots, streets, common areas or the Golf Course.

Section ¢.29 ANIMAL HUSBANDRY. No animals, livestock or poultry of any kind shal? be raised, bred, or kept on any lot, except that cogs, cats, or other commen household pets, (not to exceed three (3) pets per lot} may be kept as household pets provided they are not kept, sored, or maintained for commercial purposes and provided they do not constitute a nuisance and do not, in the sole judgement uf the Developer, constitute a danger or potential danger or cause actual disruption of other Lot owner's, their families or quests. All pets shall Se confined to their wwner’s premises oy be on a leash and accompanied by their owner and/or ether responsisle person.

Section 4.30 MINERAL OPERATIONS. No oii drilling, oil develspment operations, a2. refining, or mining apportions of any kind shall ta permitted upon any lot, nor shail any wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot. No derrick or other ssructure designed for us# in boring fsr oil or natural gas shall be erected, maintained or permitted on any building site. At no time shali the crilling, usage or operation of any water well de permitted on any iat except the Architectural Control Authority may, in its’ discretion, allow water wells to be drilled for homes requiring same for solar heating anc cooling purposes. The provision shall met in any manner be ceemed to apply to the Reserves designated on the Subdivision plat or to any land owned by the Developer whether adjacent hereto or not.

anc cooling purposes. The provision shall met in any manner be ceemed to apply to the Reserves designated on the Subdivision plat or to any land owned by the Developer whether adjacent hereto or not.

Section 4.31. RESIDENCE AND IMPROVEMENT DAMAGED BY FIRE OR STORM, Any building or other improvement on a lot that is destroyed partially or totally by fire, storm or any other means shall be repaired or demolished within a reasonable period of time, and the lot restored to an orderly and attractive condition.

Section 4.52. LICENSED VEHICLES WITH LICENSED OPERATORS. Only licensed vehicles with licensed operators will be permitted to be operated on the public streets within the Subdivision.

COMMON AREAS. Any common ér ional and drai nage Dur acsac, “heresith of valated thera’ Sj L, Commercial cr chars us common areas. The Association may prescribe rules anc ‘regulati was use of the common areas.

ea: Section 4.34 MAIL BOXES. The Architectural Control C reserves the right to approve the type, design anc instalia mail celivery deposit receptacles.

oa Section <.35 WIND SENERATQSS. Ne wind generators shall de erected oy maintained oa any lot if said wind generatcr is visible from any other lot, public stveet, take, golf course or common area.

Section +.26. SOLAR COLLECTORS. Neo solar collectors shall Se installed without the prior written approval of the Architectural Control Authority. Such installation shall be in harmony with the design of the rasidence. Solar collectors shall be installed in a tacation not visibie from the public street in front of the residence.

Section 4.37. GARAGES. Garages that spen to the front shail be set-back at least fifteen feet (1&°) from the front of the main cwelling.

] SPECIAL RESTRICTIONS - “GOLF COURSE LOTS"

t of the residence.

Section 4.37. GARAGES. Garages that spen to the front shail be set-back at least fifteen feet (1&°) from the front of the main cwelling.

] SPECIAL RESTRICTIONS - “GOLF COURSE LOTS" In addigion to the Use Restrictions set forth in Article IV above, the following Restrictions shall apply to Golf Course lots: In the event there should be any conflict between these Special Restrictions - "GOLF COURSE LOTS" and the GENERAL RESTRICTIONS, these SPECIAL RESTRICTIONS shall take precedence over the GENERAL RESTRICTIONS.

Section $.01. ELECTRIC SERVICE. Only underground electric service shall be available for said lots and no above surface electric service wires will be installed outside of any structure. Underground electric service lines shall extend through and under said lot in order to serve any structure thereon, and the area above said uncerground lines and extanding 2 i/2 feet to each side if said undergrcunc line shall be subject to excavation, refilling and ingress and egress for the installation, inspection, repair, veslacing and removing of said underground facilities by such utility company; and owners of saic iots Shall ascertain the location of said lines and keep the area over the route of saic lines free c? excavation and clear of structures, trees or other obstructiows.

Section 5.92. SARAGES. Any garage must be attached to the main residence. This requirement for an attached garage supersedes any contrary requirement in Article IV above. Garages that open to the front Shall be set-back at least fifteen feet (iS°) from the front of the main dwelling.

Section 5.03. SET-BACK. All houses built on Golf Course lots which have & common boundary with the Golf Course and two streets shall face tre

st fifteen feet (iS°) from the front of the main dwelling.

Section 5.03. SET-BACK. All houses built on Golf Course lots which have & common boundary with the Golf Course and two streets shall face tre commen boundary of the lot and the street from which the ouilding set-back distance is larger, unless a deviation from this provision is approved by the Architectural Control Authority (whether Developer or Architectural Contrsl Committee). The provisions of this subsection shall contrel the Provisions of Paragraph 4.04 above.

-~19 - (6/22/90) 9235 1627 Section 5.04. GRASS. Owners of lots adjoining = Golf Course wild not grow, nor parmit to grow architectural varieties of grasses sr other vegetation which, in the epinion of the Architectural Control Authority, is inimical to golf course grasses or vegetation. Such owners may, however, with the prisr aporoval of the Architectural Control Authority, install barriers which wili prevent the spread of otherwise pronibited Grasses and vegstation, and then after the installation of such barriers, May grow such grasses or vegetation adjacent to the Golf Course.

VI NATURAL GAS Saction 6.01. NCN-UTILIZATION FEE. Entex, Inc. has agreed ts provide Natural gas service to all ists in the Subdivision, provided certain .

minimum usage is made of the service. Pursuant to the contract providing such service, all houses shall have a minimum of gas water heating, and gas central comfort heating, or pay a non-utilization fae. If, however, any house completed in the Subdivision does not utilize both gas water heating and gas central comfort heating appliances, then the owner of such house at the time of constructing such improvements shall pay to Entex, Inc. the non-utilization of gas facilities charge set by Entex, Inc. for

tral comfort heating appliances, then the owner of such house at the time of constructing such improvements shall pay to Entex, Inc. the non-utilization of gas facilities charge set by Entex, Inc. for such house. This non-utilization charge shall be cue thirty (30) cays from completion of the mon-utilization house. In the event this non-utilization charge is not paid timely by the owner of the non-utilization house, after demand is made for such payment, the Developer or Association may, at their option, pay such charge and the payment so made, if any, shail be secured by the lien described in Article VIII, of these Restrictions, which lien shall only be extinguished by payment of such charge.

VI ELECTRICAL SERVICE Section 7.01. UNDERGROUND RESIDENTIAL SUBDIVISION. An underground @lectric distribution system will be installed im PECAN GROVE PLANTATION Subdivision, Section 13, designated herein as the “Uncerground Residential Subdivision", which underground service area embraces all of the Lots which are platted in PECAN GROVE PLANTATION Subcivision, Section 19, at the time of the execution of the Agreement between the Electric Company, (hereinafter sometimes called the "Company") and Developer or thereafter, except as otherwise required by the Company or authorized by the Developer. In the event that there are constructed within the Underground Residential Subdivision structures containing multiple dwelling units such as townhouses, duplexes or apartments, then the underground service area embraces all of the dweiling units involved. The owner of each ics containing a single cwelling unit, or in the case of a multiple dweliing unit structure, the Owner/Developer, shall, at his or its’ own cost, furnish, install, own and maintain (all in accordance with the

aining a single cwelling unit, or in the case of a multiple dweliing unit structure, the Owner/Developer, shall, at his or its’ own cost, furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the peint of Glectric company’s metering at the structure to the peint of attachment at such company’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point cesignated by such company at the property line of aach lot. The electrical company furnishing service shall make the necessary connections at said point of attachment and at the meter. Developer has, either by designation on the plat of the Subdivision or by separate instrument granted necessary easements to the electric company providing for the installation, maintenance and operation of its’ electric distribution system and tas also granted to the various homeowners reciprocal easements providing for access to the area occupied by and centered on the service wires of the various homeowners to permit installation, repair, and maintenance of each homeowners owned and installed service wires.

- 20 - (6/22/90) 2235 1628 In addition, the owner of each lot containing a single dwelling unit, or in the case of a multiple dwelling unit structure, the Owner/Developer, shall at his or its’ own cost, furnish, install, own and maintain = meter toop Cin accordance with the then current Stancards and Specifications of the electric company furnishing sarvice) for the location and instaliatioa of the mever of such electric company for each dwelling unit involved.

with the then current Stancards and Specifications of the electric company furnishing sarvice) for the location and instaliatioa of the mever of such electric company for each dwelling unit involved.

For $2 long as undergrounc service is maintained in Sue Underground Residential Suocivision, the electric service to each dwelling unit Sherein shall be uncergyrcuad, uniform in character and exclusively of the bype knew a= single phase, 120-140 voit, three wire, 60 cycle, alternating current.

Section 7.02. RESIDENTIAL SERVICE. The electric company has installed the underground electric distribution system in the Underground Resicantial Subdivision at no cost to the Developer (e.cept for cartain conduits, where applicable, and except as hereinafter provided) upon Develcoper’s representation that the Underground Residential Subdivision is being developed for residential dwelling units, inciuding homes, and if permitted by the Restrictions, townhouses, cuplexes and apartment Structures, all of which are designated to be permanently lecated where originally constructed (such category of dwelling units expressly to exclude mobile homes) which are built for sale or rent and all of which cwelling structures are wired so as to provide for separate metering to each dwelling unit. Should the plans of the Developer or the lot owners in the Underground Residential Subdivision be changed so as to permit the erection therein of one or more mobile homes, the Company shall not be obligated to provide electric service to any such mobile home unless (a) Developer has paid to the Company an amount representing the excess in cost, for the entire Underground Residential Subdivision, of the underground distribution system over the cost equivalent overhead

eveloper has paid to the Company an amount representing the excess in cost, for the entire Underground Residential Subdivision, of the underground distribution system over the cost equivalent overhead facilities to serve such Subdivision or (b) the Owner of each affected lot or the applicant for service to any mobile home, shall pay to the Company the sum of (1) $1.75 per fron’ lot foat, it having been agreed that such amount reasonably represents the excess in cost of the underground distribution system to serve such lot or dwelling unit over the cost of equivalent overhead facilities to serve such lot or dwelling unit, plus (2) the cost of rearranging, anc adding any electrical facilities serving such lot, which arrangement and/or addition is determined by the Company to be necessary.

Section 7.03. FUTURE DEVELOPMENT. The provisions of the two precéeding paragraphs also apply to any future residential development in Reserve(s) shown on the plat of PECAN GROVE PLANTATION Subdivision, Section 19, as such plat exists at the execution of the agreements for underground electric service between the electric company and Developer of Shereafter, Specifically, but not by way of limitation, if a lot owner in a former Reserve undertakes same action which would have invoked the above per front lot foot payment, if such action had been undertaken in the Underground Residential Subdivision, such owner or applicant for service shall pay the electric company $1.75 per front foot, unless Developer has Paid the electric company as above described. The provisions of the two Breceeding paragraphs dow not appiy to any future non-residential development in such Reserve(s).

2230 1629 VIII MAINTENANCE ASSESSMENTS Section @.01. CREATION OF THE LIEN AND PERSONAL QELIGATION OF

graphs dow not appiy to any future non-residential development in such Reserve(s).

2230 1629 VIII MAINTENANCE ASSESSMENTS Section @.01. CREATION OF THE LIEN AND PERSONAL QELIGATION OF ASSESSMENTS. The owner of any lot by acceptance of a dead therefor, whether or not it shall be so expressed in such desc, is deamad to covenant and agree to pay to the Association: i} annual assessments or charges (The “ANNUAL ASSESSMENTS"), and (2) Soecicl Assessments for capital isprovements, such assessments to be established and collected as hereinafter provided (the "Special Assessments">. The Annual and Specisi Assessments referred ‘tc above shall be used to create a fund to Se Known as the "Maintenance Func", which shail be usec as herein provicec. Such charge shall also include amounts relating to recreational facilities, if any, in the Subdivision. The Annual and Speciai Assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing vender’s lien anc a contractual tien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reassnable attorney’s fees, shail also be the personal obligation of the person who was the owner of Such property at the time when the assessment fei. due. The persenal obligation for delinquent assessments shal: not pass to his successor in title unless expressly assumed by them. With respect to lots owned by the Developer or owned by any person, firm, association or corporation engaged primarily in the building and construction business which has acquired title to any such lots for the sole purpose of constructing improvements thereon and thereafter selling lots (herein referred to as the

ily in the building and construction business which has acquired title to any such lots for the sole purpose of constructing improvements thereon and thereafter selling lots (herein referred to as the "Builder/Qwner"), the Developer and/or Builder/Owner, provided that no portion of such lots has been used or occupied for residential purposes, shall be exempt from the payment of any Annual Assessment and Special Assessment imposed against such lets, unless otherwise determined by the Association, which determination is evidenced Sy written notice to the Developer and Builder/Owner and which determination may be changed from time to time, provided that the financial stability of the Association will nat be jeopardized by such exemption. The transfer of title of any lot by any Builder/Owner shall not result in the loss of such exemptzon from the Annual Assessments and Special Assessments to such succeeding transferee provided that such succeeding transferee is primarily engaged in the building and construction business and such transferee obtains the written consent of the Developer te a continued exemption from such Annual Assessments and Special Assessments, which approval shall not be unreasonably withheld.

The following prepersy subject to these Restrictions shall be sxenps from the Assessments created herein: Ca) All properties dedicated to and accepted by any local public authority, if any; (6) Any common areas; Cc) The Reserves shown on the Plat, if any, unless single family residences are constructed on such Reserves, in which event separately designated portion of such Reserves on which a residential dwelling is constructed shall be assessed in the same manner as the lots.

- 22 - (6/22/90) 2235 1630 Sectisn §.02, MAINTENANCE CHARGES.

ately designated portion of such Reserves on which a residential dwelling is constructed shall be assessed in the same manner as the lots.

- 22 - (6/22/90) 2235 1630 Sectisn §.02, MAINTENANCE CHARGES.

(a) The Maintenance Charge referred to shall be used to create 4 fund to be known as the "Maintenance Fund", which shall be used as herein provided and such charge shall also include amounts ralating to certain recreational facilities in PECAN GROVE PLANTATION; and each such Maintenance Charge shall (except as otherwise hereinafter provicec) be paid by the owner of each lot Cor residential buiicing sits) ta PECAN GROVE PLANTATICN PROPERTY QUNERS’ ASSCCIATION, INC., a Texas non-aretit corporatiaon, hereinafter callec the "ASSCCIATICN", moathly, in advance, on or before the first day of each calendar month, deginning with the first day of She secone full calendar month after the date of purchase of tne "Lot" cr "Residential Suilding Site".

(b) The exact amount of each Maintenance Charge will be ceterminec by the Association during the month proceeding the due date of saiz Maintenance Charge. All other matters relating to the assessment, collection, expenditure and administration of the Maintenance Fund shall be determined by the Association, subject to the provisions hereof. fn additisn to the Maintenence Charge herein referred to, each lot shall be subject to a monthly charge for street services, beginning on the date on which street Lighting is extended to the streets adjoining each lot. Such chargé will be included in the monthly bill for residential electric services from Houston Lighting & Power Company to each lot owner and shail be in addition te all other charges which such iat owner may incur for

included in the monthly bill for residential electric services from Houston Lighting & Power Company to each lot owner and shail be in addition te all other charges which such iat owner may incur for electric service, The exact amount of the street lighting charge will be determined by Houston Lighting & Power Company, and without limiting the right of HouSton Lighting & Power Company to establish a different amount in the future, the initial monthly street lighting charge shall be $.50.

(c) In the evant that the Association and a Municipal Utility District should so contract for the benefit of the said Utility District, in addition tc the Maintenance Charge herein referred to, each lot shall also be subject to a monthly utility charge of five and no/100. dollars ($5.00) and payable to the said Municipal Utility District commencing on the first day of the first calendar month following the month in which a water line and a sanitary sewer line are extended by said Municipal Utility District to a property iine of the subject lot and terminating upon the completion of the censtruction of a residence on such ist anc the connection of such residence to such water line and sanitary sewer line.

The Association, at its’ election, may require the payment of such utility charge annually in advance, subject to a prorated rebate in the event that a residence is completed during such year. Payment of the aforesaid street lighting charge and the aforesaid utility charge are and shail te Eecured Sy the same tien which secures the Maintenance Charge. The Association shall have the right, as its? wption, soa contract with Houston Lighting & Power Company or the said Utility District or both to collect the Maintenance Charges, streat lighting charges and/or utility charges

ve the right, as its? wption, soa contract with Houston Lighting & Power Company or the said Utility District or both to collect the Maintenance Charges, streat lighting charges and/or utility charges herein imposec and in connection therewith may assign the lien securing Payment thereof ta either or both of said entities for the period of said contract.

- 23 - (6/22/90) 2235 1631 (di. The Maintenance Chérgé snali not, without the consent of the Develuper, apply to lots owned by the Developer or owned by any person, dirm, association or carporation encagec primarily in the building construction business which has acquired title to any such lots for the Sole p~urpuse of constructing improvements thereon anc thereafter selling Such lots; however, upon any such sale lots by such person, firm, association or corporatian to a purchaser whose primary purpose is to mecuay and/or rent and/or lease such lot (and improvements thereon, if any) to some other sceupant, then the Maintenance Charge shall thereupon be applicable to such lot; and the Developer hereby consents to the applicability s7 the Maintenance Charge to each such tot uncer tre circumstances herein stated. Any transfer of title to any such person, firm, association or corporation engaged primarily in She buileing anc construction Susiness stall ast result in the applicability of the Maintenance Charge to such iLot owner Sy the transferee or any succeeding transferee primarily engaged in the building and construction business without the consent of the Developer. The Developer or the Association reserves the right at ali times, in their own judgement and discretion, to exempt any lot in the Subdivision from the Maintenance Charge, anc exercise of such judgement and discretion when made in good faith shali be

ht at ali times, in their own judgement and discretion, to exempt any lot in the Subdivision from the Maintenance Charge, anc exercise of such judgement and discretion when made in good faith shali be binding and conciusive on ail persons and interests. The Develeper or the Association shall have the further right at any time, and from time to time, to adjust, alter or waive said Maintenance Charge from year to year as it deems proser; however, said Maintenance Charge snall not excee $15.00 per lot per month for the calendar year i990 anc shall not be increased by more than ten sercent (10%) per annum after 1990 unless two-third (2/3) of the Association members agree in writing to increase said maximum’Maintenance Charge, and the Developer or the Association shall have the right at any time to ciscontinue or abandon such Maintenance Charge, without incurring liability to any person whosoever by filing a written instrument in the office of the County Clerk of Fort Bend County, Texas, declaring any such discontinuance or abandonment.

(e) The Maintenance Charge collected shall be paid into the Maintenance Fund so be held and used for the benefit, directly or indirectly, of the Subcivision; and such Maintenance Fund may be expenced by the Association for any purposes which, in the judgement of the Association will tend to maintain the property values in the Subdivisica, including, but mot limited tc, providing for the enforcement of the provisions of this instrument, including the aforesaid Reservations, Restrictions and Covenants, reascnable compensation and reimbursement +o the Association and members of the Committee with respect to services performed by such Association and Committee members incident to their

and Covenants, reascnable compensation and reimbursement +o the Association and members of the Committee with respect to services performed by such Association and Committee members incident to their duties hereinder: for the maintenance, operation, repair, benefit anc welfare of any recreational facilities which might tereafter be established in PECAN GROVE PLANTATION, or to which the Association may subject Shis fund, and generally for doing any other thing necessary or desirable in the opinion of the Association to maintain or improve She property of the Subdivisisn. The use of the Maintenance Fund for any of these purposes is permissive and not mandatory, and the decision of the Association with respect thereto shall be final, se long as made in good faith. .

Section 8.03. EFFECT OF NONPAYMENT OF ASSESSMENTS. Any assessments CAnnual or Special) mot paid within thirty (30) days after the due date Shall bear interest from the due date at the lesser of the rate of eighteen percent (18%) per annum or the maximum rate permitted by law.

The Association may bring an action at law against the owner personally obligated ta pay the same, or foreclose the hereinafter described lien against the owner’s lot. No Owner may waive or otherwise escape liability for the assessment by non-use of any common areas or recreational facilities available for use by Owners of Subdivision or the abandonment of his lot.

- 24 - (6/22/30) 2235 1632 Sectien 9.045. LIEN TO ENFORCE PAYMENT OF ASSESSMENTS.

(ad In order to secure the payment of the assessment heresy levied, & vendor's Courchase money) lien foe the benefit of the Association, shall be and is hereby reserved in the Deed from the Developer to the purchaser of each lot or portion thereot, which Lien sual. Se enforceable through

money) lien foe the benefit of the Association, shall be and is hereby reserved in the Deed from the Developer to the purchaser of each lot or portion thereot, which Lien sual. Se enforceable through appropriate jucicial and nen-jucicia!l proceedings sy the Association.

additional security for the payment of the assessments thereby levied, @ bs > sre eh cwher of a lot in the Project, Sy such party’s acceptance of a Deed thereto, nmereby grants the Association a cuntractual lien on such lot whith may be foreciceed on by non-judicial forsclosure pursuant to the provisions of Gaction 5:.002, Texas Property Code, as then amencec (successor te Arsicits S819, Texas Revised Civil Statutes) and such owner hereby expressly grants the Association a pcwer of sate in connection therewith. The Asscciation shail, whenever it proceeds with non-judicial foreclosure pursuant ts the provisions of said Section Si.002, Taxas Property Code and said power of sale, designate in writing a Trustee to pest or cause to be postec all requirec notices cf such foreclosure sale and to comduct 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 cr a., Vice President of the Association anc filed fer record in the Real Property Recorcs of Fort Bend County, Texas. In the event that the Association has determined to nen- judicially foreclose the lien praviced herein pursuant to the provisions of said Section 51.002 Texas Proparty Code and to exercise the power of sale hereby grantec, the Association shall mail to the defaulting owner a copy of the Notice of Trustee’s Sale mot less than twenty-one (21) days prior tS the date on which said sale is scheduled by posting such

grantec, the Association shall mail to the defaulting owner a copy of the Notice of Trustee’s Sale mot less than twenty-one (21) days prior tS the date on which said sale is scheduled by posting such Notice through the U.S. Postal Service, postage prepaid, registered or certified return receipt requested, properly addressed to such owner at the last known address of such awner according to the records of the Association. If required by applicable law, the Association shall cause a Notice of the Trustee’s Sale to be filed in the office of the County Clerk of Fort Bend County, Texas at least twenty-one (22) days preceding the date of said sale. Qut of the proceeds of such sale, there shall first be paid all expenses incurred by the Association in connection with such default, including reasonable attorney’s fees and a reasonable trustee’s fee, second, from such proceeds there shall be paic to the Maintenance Func an amount equal to the amount in default and, third, the remaining balance shall be paid to such owner. Following any such foreclosures, Bach occupant of any such lot foreclosed on and, each occupant of any improvements thereon shall be deemed to be 4 tenant at sufferance anc may pe removed from possession Sy any and all lawful means, including a judgement for possessicn in an action sf forcible detainer and issuance of & writ of rastitutioen thereunder.

(2) In addition to foreclosing the lien heraby retained, in the event of nonpayment of any owner’s portion of any assessment, the Association may, acting through tie Board, upon ten (10) days pricr written notice thereof to such nenpaying owner, in addition to all other rights and remedies available at law or otherwise, restrict the rights of

y, acting through tie Board, upon ten (10) days pricr written notice thereof to such nenpaying owner, in addition to all other rights and remedies available at law or otherwise, restrict the rights of Such nonpaying owner to use the commen areas, if any, in such manner as the Association deems fit or appropriate and/or suspend the voting rights of such nonpaying owner so long as such default exists.

comply with the provisions of said Section 51.002, Texas Property Code relating to non-judiciai sales by Power of Sale and, in the event of the amencment of said Section 51.002, Texas Property Code hereafter, the President sr any Vice President of the Association, acting without joinder of any other owner or mortgagee cr other person may, by amendment to the Restrictions filed in the Real Property Records of Fort Bend County, TexaS, amend the provisisns hereof so as to comply with said amendments to Section 51.002, Texas Property Code.

- 25 - (6/22/30) 2235 1633 (d) In addition to the right of the Board of Directors to enforce assessments, the Board of Directors aay file a claim or lien against the lot of the delinquent owner or meaber by recording a notice ("Notice of Lien") setting forth (a) the agount of the claim of delinguency, (b) the interest and costs of collection which have accrued thereon, (c} the legal description and street address of the lot against which lien is clataed and (d) the name of the owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall continue until the amounts secured thereby and all subsequently accruing asounts are fully

knowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall continue until the amounts secured thereby and all subsequently accruing asounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of Lien and all other costs and assessments which may have occurred subsequent to the flling of the Wotice of Lien have been fully paid or satisfied, the Assoclatton shall execute and record a notice releasing the lien upon payment by the owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such release of lien instrument.

(e} The lien described in this Paragraph 8.04 and the superior title herein reserved shall be deemed subordinate to a Eirst lien or liens of any bank, insurance company, mortgage company, mortgage corporation, savings and loan association, or other “institutional lender", university, peasion and profit sharing trusts or plans, or other bona fide, third party lender which may have heretofore or may hereafter lend money in good ; faith for the puzchase or lmeprovement of any lot and any renewal, rs exteosion, rearrangeaent or refinancing thereof. f&ach first aortgagee of. awd a aortgage encuabering a lot who obtains title to such lot pursuant to the Hoe reaedies provided in the sortgage or by judicial foreclosure shall take . ; title to the lot free and clear of any claias for unpaid assessaents or . F charges against such lot which accrued prior to the time such holder . Poa teas _ acquires title to such lot. Mo such sale or transfer shall relieve such.

holder acquiring title to a lot from liability for any assessments © eer thereafter becoming due or froma the lien thereof. Any other sale or... ere

h lot. Mo such sale or transfer shall relieve such.

holder acquiring title to a lot from liability for any assessments © eer thereafter becoming due or froma the lien thereof. Any other sale or... ere transfer of a lot shall not affect the Association's lien for ae assessments. The Association shall use its' reasonable efforts to Association's proposed foreclosure of the lien described in this: Section mortgagee by prepaid United States registered or certified gall, return.

receipt requested, and shall contain a statement of delinquent. assessuents upon which the proposed action is based; provided, however, the Asscciation's failure to give such notice shall not lapair or invalidate any foreclosure conducted by the Association pursuant to the provisions: of Section 8.04 hereof. . . : Ir MEMBERSHIP IH ASSOCIATION Section 9.01. MEMBERSHIP. Every person or entity vho is a record. owner of any lot which ts subject or vhich will be subject upon completion” provided herein, including contract sellers, shall be a'member ‘of the. =: 2%: Association. The foregoing is not intended to include persons or entities ° who hold an interest merely as security for the perforsance.of an: .. “ obligation or those having only an interest in the mineral estate. Ho. oe member. Meaberships shall be appurtenant to and. say not be. séparated fron’ .

the ownership of the lots. Ownership of the lot shall be the sole °° °° qualification for aeabership. All references in this instrument to.the -

ll be appurtenant to and. say not be. séparated fron’ .

the ownership of the lots. Ownership of the lot shall be the sole °° °° qualification for aeabership. All references in this instrument to.the "Board of Directors" shall refer to the Board of Diréctors of the: an Association, and it is recognized that the Association. ‘way. make vhatever.

tules or bylavs it may choose. to govern the organization or operation: of.

the Subdivision and the use and enjoyment of the lots and any common’ aréa,.

provided that the same are not in conflict with the teres and provisions .

of these Restrictions. The voting rights of the owner's of the ‘lots tn the Association are set forth in the bylavs of the Association. : ie 2235 61634 x AMENDMENT Section 10.9%. VOTING TO AMEND. Except a5 ctharwise proviced ay law and in addition to the right of She owners to amerc the Restrictions af the expiration of the initial forty (40) year pericd and any successive $en (10) year period 4s grovided in Paragraph 1.04 above, the provisions hereot may be amended at any time (including prior to the expiration of the applicable forty (40) year psricd) by a written instrument execubec and acknowiedyec by owners antitled to cast not iass than two-thirds (2/3) of the aggregate of the votas of both classes of membership in the Association, but no such amendman’t shail oe effective until recorded in the Office of the County Clerk of Fort Bend County, Texas ‘and providec further that for such amendment to be effective, such amendment must reflect not more than 265 days between the notoria: acknowledgment of she -@arliast lot owner executing such amendment and the date of racorcing ct such amencment), XI BINDING SFFECT

ia: acknowledgment of she -@arliast lot owner executing such amendment and the date of racorcing ct such amencment), XI BINDING SFFECT b@ covenants running with the land thereby affactad. The provisions: hereof shail-be binding uacn and inure to the benefit fo the owners of the land affected, the Developer and the Association, and their respective heirs, executors, administrators, legal representatives, successors and = assigns. .

‘ xIt CORRECTION OF ERRORS Section 12.0%. CLARIFYING AMBIGUITIES. Developer reservas, | “and” shall have the continuing right until Juna 1, 1991, without the consent. of the owner or the representatives of any aorfgagee (except as otherwie fa-0 provided in this Article XII), to amend thése Restrictions for the. purpose of clarifying or resolving any ambiguities or conflicts harain, or correcting any inadvertent misstatements, errors or omissions here dy 2: provided that no such anendaent shall change she voting rigits, tee proportionate share of assassments or change the property description oft the owner and such owner's aortgagee who do not join in the execution’ ote such correction instrument. ae oaat LIMITATION OF LIABILITY Section 13.0L. ARCHITECTURAL CONTROL COMMITTEES. No menser of tha Architectura: Contro! Authority or Committee, The Association or‘ any : mester of the Board of Directors or Developer shall be liable for any. : loss, damage or injury arising out of, or in any way connected: with, the e.

performance of the. duties of the Architectural Contrai Authority: ors: Tou Committee unless due to the willful misconduct or bad faith. of. the party.

fo be held liable. In reviewing any matter, the architectural Control -

ies of the Architectural Contrai Authority: ors: Tou Committee unless due to the willful misconduct or bad faith. of. the party.

fo be held liable. In reviewing any matter, the architectural Control Authority or Coanittee shall mot be responsible for reviewing, for ‘shalt.

its approval of any inprovenents be deaned approval. of such daprovenents: froma the standpoint of. safety, whether structural or othervise; : ‘or.

regulations. Additionally, neither. Developer. nor 16s agents, énployees officers, Girectors, ‘he Association or Board of Directors ‘Shall ba. li able to any owner of the lot for any loss, claia or ‘demand :in tofinection. wi the the breach of any provision of these Restrictions by any other: party 2235 1635 XIV APPROVAL OF LIENHOLDER “et Section 14.01. AMERICAN CEWERAL INVESTMENT CORPORATION, A Texas Corporation, the holder of the lien or liens on PECAN GROVE PLANTATION, Section 19, A Sabdivislon tn Fort Bend County, Texas joins in the execution hereof to evidence its consent hereto, and hereby subordinates ite lien or liens to the provisions hereof.

PECAN GROVE ASSOCIATES _ IW TESTIMONY WHERZEOF, Pecan Grove Associates has caused these.

presents to be signed by its joint ventures, American General Realty - Sete Investment Corporation, Belcrogs, Ince, and J. 8. Land Co., Inc. thereanto oe authorized this day of , 1990. wt . PECAM GROVE ASSOCIATES, A Joint Venture coaposed of the folloving ventorers: AMERICAM GENERAL REALTY INVESTMENT CORPORATION, aventorer = By: Vier Print BELCROSS, INC., a venturer Milton C. Cross, President J. B. LAND CO., IHC., a venturer AMERICAM. GENERAL INVESTMENT CORPORATION bady 1630 STATE OF TEXAS COUNTY OF HARRIS

ON, aventorer = By: Vier Print BELCROSS, INC., a venturer Milton C. Cross, President J. B. LAND CO., IHC., a venturer AMERICAM. GENERAL INVESTMENT CORPORATION bady 1630 STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned au locity this day personally appeared WD Lf. ADA - of American General Realty Investsent Company, " known to me to be the person whose name is subscribed to the foregoing inatrument and acknowledged to me that he executed the same for the purposes and considerations thereln expressed and in the capacity therein and herein set out, and as the act and deed of said corporation and on behalf of the joint venture, Pecan Grove Associates.

ere UNDER MY KAHD AND SEAL OF OFFICE, this the 1990.

STATE OF TEXAS eS COUNTY OF FORT SEND a BEFORE ME, the undersigned authority on this day personally Le nee.

to be the person whose name is subscribed to the foregoing instrument and. .

acknowledged to me that he executed the same for the purposes and . © considerations therein expressed and in the capacity therein and herein) 6.00077" set out, and as the act and deed of said corporation and on behalf | of the’ ty cnet Joint venture, Pecan Grove Associates. : GIVEN UNDER MY HAND AND SRAL OF OFFICE, | this the os ee 1990. as HARON HECKMIANN toy Pctin, Sue ciTast Y ena 8 His : otary Public in and for |.

STATE OF TEXAS COUNTY OF FORT BEND BEFORE KE, the undersigned authority on this ‘day personally os!

appeared J. B. Belin, Jr. President of J. 8. Land Co., Inc. ‘enoien to me to be the person whose name is aubscribed to the foregolng .°... : ;

elin, Jr. President of J. 8. Land Co., Inc. ‘enoien to me to be the person whose name is aubscribed to the foregolng .°... : ; purposes and considerations therein expressed and in the capacity. therein: and herein set oot, and as the act and deed of said corporation. and Cr behalf of the joint venture, Pecan Grove Associates. int es + GIVEW UNDER MY HAND AND SEAL OF ‘OFFICE, this. the - 29.

1990. 5 fotary Public in and for .. > “FORT BEND COUNTY, TEXAS. -Aap 2235 1637 qx STATE OF TRKAS Res ‘COUNTY OF HARRIS. os THAT, the undersigned, AMERICAN GENERAL INVESTMENT CORPORATION, a Texas Corporation, as the lien holder against the aforesald property, does hereby, in all; ‘Kespects, approve, adopt, ratify and confira all of the above and foregoing Reservations, Restrictions, Covenants and other foregoing provisions ang stibordinate said lien and all other liens owned VO: held’ by Lt ‘thereto: and does hereby join in the execution thereof and “ agree’ ‘that game shall’ {fn all respects be binding upon the undersigned and the successors and assigns of the undersigned in all respects and‘upon the land thereby affected, notwithstanding any foreclosure of said Deed ‘of Trust or any other lien in favor of the undersigned.

gI at Houston, Harris County, Texas on the cor day of 1990. ‘ AMERICAN GENERAL INVESTHENT CORPORATION = STATE OF TEXAS COUETY OF HARRIS appeared (Pa of ‘American ’:: ; u General estaent Corporation knovn to ge to be the person. whose: nase: ae ; y subscribed to the foregoing instrument and acknowledged to ge that he : executed the same for the purposes and considerations therein expressed -

tion knovn to ge to be the person. whose: nase: ae ; y subscribed to the foregoing instrument and acknowledged to ge that he : executed the same for the purposes and considerations therein expressed and in the capacity therein and herein set outs and as. the. act and deed: of said corporation. Tid VEN UNDER MY HAND AWD SBAL OF OFFICE, this the’ Lae — Girt, Fort A200 1638 g ‘AUG 2 1 1990 ‘ - ~ cose 1 ee os . + oot ve .

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