15 95-R0024694 DECLARATION OF COVENANTS, CONDITIONS, ASSESSMENTS, CHARGES, SERVITUDES, LIENS, RESTRICTIONS, RESERVATIONS AND EASEMENTS VOL 3688 PAGE 588 PAGE 371 This DECLARATION OF COVENANTS, CONDITIONS, ASSESSMENTS, CHARGES, SERVITUDES, LIENS, RESTRICTIONS, RESERVATIONS, AND EASEMENTS, hereinafter referred to and defined as the "Declaration", is made on this 19th day of July, 1995, by Creekside Place, LLC, a Texas limited liability company, hereinafter referred to and defined as "Declarant".
WITNESS ETH: WHEREAS, Declarant is the owner of all that certain real property located in Tyler, Smith described as follows, to-wit: opy All those certain lots, tracts, or parcels of land being Lots 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 26 2 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, and 38, N.C.B. 1602, of the geek Place Subdivision, and Lots 1, 2, 3, 4, 5, and 6, NC B. 13, of he Ridgecreek Place Subdivision, according to the Play Ridgec Subdivision recorded in Cabinet C, Slide 131-A of the Plat Reces of Smith County, Texas, all of said Lots being hereinafter colively rered to and defined as the "Property"; dent eral plan of development and accomplish the development in a consistent manner with us subdivision, Declarant desires to subject the WHEREAS, in order to enable Declarant to implement a development of the Property as a high quality, restricted continuity, and to insure the creation of an architecturally rm Property to the covenants, conditions, assessments, charge, situdes, liens, reservations, restrictions, and easements hereinafter set forth, all of which shall be eferred to and defined as the "Covenants"; eina WHEREAS, this general plan of deve pment and the Covenants will benefit the Property in general, the
ements hereinafter set forth, all of which shall be eferred to and defined as the "Covenants"; eina WHEREAS, this general plan of deve pment and the Covenants will benefit the Property in general, the parcels and lots that constitute the Property the eclara, and each successive owner of an interest in the Property; and WHEREAS, in accord the Declarant desires to restrict plan; oth the doctrines of restrictive covenant and implied equitable servitude, noffic oper cording to these Covenants in furtherance of this general development NOW, THERE RE, is declared that all of the Property shall be held, sold, and conveyed subject to the following easen ons, covenants, and conditions.
ARTICLE 1 1.10 "Architectural Control Committee" shall mean Thomas Rudd, Linda Rudd, C. Noah Israc M.D., Hen Israel, O.D. Shults, and Sherry Shults, or such other person or persons who shall be named to serve ✓anction with or as successor(s) to such persons by the Declarant; provided, however, that such change shaur not be effective for purposes of this Declaration until a statement of such change has been duly The Declarant recorded by the Declarant in the Real Property Records of Smith County, Texas.
reserves and shall have the sole and unilateral right at any time to change the membership of and the At such time as all of number of persons serving on the Architectural Control Committee.
VOL 3688 PAGE 372 the Lots shall be owned by Owners other than the Declarant, the composition of and membership of the Architectural Control Committee shall be determined by the Board as provided in Section 3.01 of this Declaration.
1.02.
1.03.
"Assessable Property" shall mean each of the Lots.
"Association" or "Property Owners' Association" means an
hall be determined by the Board as provided in Section 3.01 of this Declaration.
1.02.
1.03.
"Assessable Property" shall mean each of the Lots.
"Association" or "Property Owners' Association" means an incorporated association consisting of all Owners, which shall have the duty of maintaining, operating, and managing the Common Area as provided in this Declaration. Each Owner shall automatically become a member of the Association contemporaneously with acquiring a Lot, without any further documentation of any kind.
1.04.
1.05.
"Board" means the Board of Directors of the Association.
"Common Area" means the entire Property subject to all easements and rights described in this Declaration.
1.06.
"Covenants" shall mean the covenants, conditions, charges, servitudes, liens, reservations, restrictions, and e in this Declaration.
1.07.
"Declarant" means Creekside Place, as Lots, ents, forth limited liability company, and its successors and assigns t with respect to any such successor or assign (i) such successor or assi be deemed to be a "Declarant" unless such successor or assign is esignated as such pursuant to a written instrument signed by Declarant (which witten de ignation shall be filed of record in the Real Property Records of Smith part of the Property to which it relates), and shall only have those rights and power Texas, designating that such successor or assign of Declarant that are specifically assigned to such successor or assign pursu to such written designation.
1.08.
"Declaration" shall Covenants, Conditions, Assessment Ch ges Easements, as existing on the date of it Smith County, Texas and as it may e ths instrument of Declaration of ervitudes, Liens, Reservations, and fiing in the Real Property Records of after amended as provided herein.
Unofficial Copy
e of it Smith County, Texas and as it may e ths instrument of Declaration of ervitudes, Liens, Reservations, and fiing in the Real Property Records of after amended as provided herein.
Unofficial Copy 1.09.
simple title to all or an a Lot.
1.10.
thereof, situated residence by a sing 1.11.
Records ti pers ed or other instrument conveying the fee the Property, including but not limited to t" shall mean a building, and any part or portion designed and intended for use and occupancy as a otans any of the lots, tracts, or parcels of land shown roperty recorded in Cabinet C, Slide 131-A of the Plat Coury, Texas (the "Plat"), on which there is or will be built ✓ng. The term "Lot" does not include any of the Common Area wn or described on the Plat.
"Maintenance Charges" shall mean any and all costs assessed rticle Six and Seven of the Declaration.
"Owner" means the record owner or owners of the fee simple tony Lot or portion of a Lot. The term "Owner" excludes any person or entity or entities, having an interest in a Lot merely as security for the performance of an obligation or note. The term "Owner" shall include Declarant if Declarant is a record owner of a fee simple title to a Lot.
Ridgecreek Place Subdivision Declaration of Covenants - Page 2 any 1.14.
VOL 3688 PAGE 373 "Permanent Improvements" shall mean with respect to any Lot or other portion or parcel of the Property, any and all improvements, structures , and other materials and things located thereon, including, but without limitation, trees, berms, shrubs, hedges, and fences, including such items as may only be located thereon temporarily.
1.15.
"Plat" shall mean the plat of the Property presently of record in Cabinet C, slide 131-Aof the Plat Records of Smith County, Texas, and any
such items as may only be located thereon temporarily.
1.15.
"Plat" shall mean the plat of the Property presently of record in Cabinet C, slide 131-Aof the Plat Records of Smith County, Texas, and any other plat or plats of all or any portion of the Property hereinafter filed for record in the Plat Records of Smith County, Texas, including, without limitation, amendments to the Plat as originally filed and any resubdivisions of the Property filed in the Plat Records of Smith County, Texas.
1.16.
"Property" shall mean all of the real property described on the Plat.
1.18.
"Subdivision" shall mean the residential subdivis in Smith County, Texas, and known as the "Ridgecreek Place Subdivi the Plat as the same may be amended, supplemented, or resubdivi ed time.
hown or 1.19.
"Subdivision Lien" shall mean the lien in the Subdivision as provided in Article Seven of this 2.01.
ARTICLE 2 Property Bound. From and after he day of recordation of this Declaration, the Property, and each Lot, shall be t to the Covenants, and the Covenants shall run with, be for t benefit of, bind, and burden the Property.
2.02.
Owners Bound.
Declaration, the Covenants shall be bi din of each Owner, and the representatives, successors, te the date of recordation of this on and shall inure to the benefit administrators, personal whether or not So Unofficial Copy provided or otherwise mentioned in the Deed.
heirs, executors, administrats, assigns of the Owner, hereby express for, the assessments provided in which the owner own Covenants.
each Owner, Each Owner, for the Owner and the per onal representatives, successors, and agrees to pay, and to be personally liable i this Declaration with respect to each Lot at, and to be expressly bound by all of the 3.01.
Control as all Declarant.
ARTICLE 3
sentatives, successors, and agrees to pay, and to be personally liable i this Declaration with respect to each Lot at, and to be expressly bound by all of the 3.01.
Control as all Declarant.
ARTICLE 3 An itectural Control Committee Membership. The Architectural sha serve at the pleasure of the Declarant until such time have been sold and conveyed by Deed to Owners other than the uch time as title to all of the Lots is in Owners other than the chitectural Control Committee shall serve at the pleasure of the Boards 11 by provided in the By-Laws of the Association. Notwithstanding ined in this Declaration to the contrary, no appointment of any Architectural Control Committee shall be effective until repr of such appointment has been filed for record in the Real Property Smith County, Texas by the Declarant or by the authorized ative of the Board, as applicable.
3.02.
Reservation of Architectural Control. The Declarant, desiring to provide for the preservation of the values and amenities in and upon the Property and to subject the Property to the reservation of architectural control Ridgecreek Place Subdivision Declaration of Covenants Page 3 VOL 3688 PAGE 374 hereinafter expressed for the purpose of implementing a general plan of development for the Property to insure the creation of a high quality, highlyrestricted, architecturally harmonious residential subdivision, which general plan of development and reservation of architectural control is for the benefit of the Property, each Lot, and each Owner of an interest in any Lot, as well as for the benefit of the Declarant as developer of the Property, hereby reserves the right and all rights to approve or disapprove, in the sole and exclusive discretion of the Architectural Control Committee, as to:
it of the Declarant as developer of the Property, hereby reserves the right and all rights to approve or disapprove, in the sole and exclusive discretion of the Architectural Control Committee, as to: (a) compliance with any specific restrictions imposed by Declarant, the Architectural Control Committee, or anyone acting of behalf of either the Declarant or the Architectural Control Committee, with respect to the Property, or any part thereof, and each Lot; and to ed), (b) harmony of external design, location and landscaping in surrounding Dwelling Units and other structures and topography which now or hereafter may be existing or proposed, including, without architectural designs, setbacks, landscaping, construction eri color schemes, and all subdivisions, exterior additions to, changes in, excavation of the Property, or any part thereof, or of part thereof (including trees, bushes, Dwelling Units, structures, or permanent or temporary, including, resubdivisions (where construction and improvements without imition walkways or or any and all on, either additions to, signs, exterior or other structures changes in, or alterations of grade, 1 ascaping edges, screening materials, planters, roadways, lighting, walls, retaining walls, fences, or improvements of any size or character lted hereon which any person or entity, including governmental agencies, seeks to commence, erect, or any part thereof, or any Lot, 3.03.
Request For Approval shall be submitted in writing to the or wernmental entities ace, or maintain upon the Property, part thereof.
rests for approval of the above ctural Control Committee at 6708 Unofficial Copy Hollytree Circle, Tyler, Texas 75.03, or at uch other address as may from time to time be designated of record in Property Records of Smith County,
ove ctural Control Committee at 6708 Unofficial Copy Hollytree Circle, Tyler, Texas 75.03, or at uch other address as may from time to time be designated of record in Property Records of Smith County, Texas, and shall be accompanied by comte and specific plans and specifications showing the nature, kind, shape elevatns, height, materials, color, location, landscaping, and other material at ributes of the Dwelling Unit, structure, improvement, addition, change, part thereof. All suck payment, in tender Application Fee as s to time in its sole ⚫ te tion or excavation of the Property, or any requests approval shall also be accompanied by the abl to the Architectural Control Committee, of an sety the Architectural Control Committee from time The Architectural control committee shall have no duty to exercise the power of approval or disapproval hereby reserved.
3.04.
De gation of Architectural Authority. With respect to the Property, or any part hereof, and all Lots, without assigning, transferring or conveying Declarant in the Property, or any part thereof, or any of the Lots, nd does herein and hereby delegate the power of approval and reserved to the Architectural Control Committee.
This ion of the power of approval and disapproval may be rescinded at any time by the ec ant by the filing of any instrument so stating such act of in the Real Property power of approval and disapproval is in effect, or a person or entity owning any interest in the Property, or any part thereof, or any part thereof (where permitted), shall be required to deal with ✓ tectural Control Committee, and not the Declarant, and the Declarant have no responsibility or liability of any nature whatsoever for the the shall actions of the Architectural Control Committee.
Ridgecreek Place Subdivision
ee, and not the Declarant, and the Declarant have no responsibility or liability of any nature whatsoever for the the shall actions of the Architectural Control Committee.
Ridgecreek Place Subdivision Declaration of Covenants - Page 4 3.05.
or VOL 3688 PAGE 375 Prior Approval Required. No Dwelling Unit, landscaping, building, fence, wall, sign, exterior light, or other structure or apparatus, either permanent or temporary, and either for new construction or for remodel or additions, shall be commenced, erected, placed, or maintained upon any Lot constituting a portion of the Property, nor shall any exterior addition thereto, change therein or alteration, excavation, subdivision, or resubdivision thereof, including without limitation changes in or alteration of grade, landscaping, roadways, and walkways, be made until the plans and specifications showing the nature, kind, shape, height, materials, color, location, and other material attributes of the same shall have been submitted in writing to and approved in writing by the Architectural Control Committee as to (i) compliance with the Covenants herein contained, and (ii) harmony of external design and location in relation to surrounding structures and topography which are now or hereafter existing proposed, including, but not by way of limitation, as to architectural designs, setbacks, landscaping, color schemes and construction materials. The Architectural Control Committee shall have the rht to promulgate a form for all such submissions. In the event the Ar tural Control Committee fails to approve or disapprove such design and tion thin sixty (60) days after said plans and specifications have been proper submitted to it, approval will complied with. Non-exercise of the power here reserved
prove or disapprove such design and tion thin sixty (60) days after said plans and specifications have been proper submitted to it, approval will complied with. Non-exercise of the power here reserved by Declarant in one or more instances shall not be deemed to conite a waiver of the right to exercise such power in other or different approval of any one set of plans and specifications sall t constitute approval of any other or different plans and specifications. In the absence of gross negligence or mis ct butable to the Architectural Control Committee, such Architectural Cont of committee shall not be liable for the improper enforcement or failur to exe rise any of the powers reserved and delegated unto said Architectural Cool comittee pursuant to this Article. In no event shall any approval obtained f n Architectural Control Committee pursuant to the terms of this Arcle be deemed to be a representation of any nature regarding the structural egrity or safety or engineering soundness of the structure or other item for ich such approval was obtained, nor shall such approval represent in an neompliance with any building or safety codes, ordinances or regulations nhall such approval be construed as a representation or warranty as to ally mater which is the subject of such approval.
3.06.
Standard For review applications for proposed wor willful nc Likewise, deemed to e Architectural Control Committee shall in order to (i) ensure conformity of the proposal with these covenants, conditions, and restrictions and (ii) ensure harmony of external des An application can Committee shall have ra on to surrounding structures and topography.
jec for providing insufficient information. The uni teral, and discretionary authority to interpret Unofficial and apply these stan
Committee shall have ra on to surrounding structures and topography.
jec for providing insufficient information. The uni teral, and discretionary authority to interpret Unofficial and apply these stan In rejecting an application, the Committee should detail the reasons for ejection and suggest how the applicant could remedy the deficiencies.
der an approval, or denying any approval, or making any other decision quid of the Architectural Control Committee as provided in this Declaration the architectural Control Committee may grant such approval, deny consent, or make any other decision as the Committee shall in its sole discretion desire, whether or withhold Architectur not such tio decis to nt may be construed or deemed to be unreasonable or not. All the rchitectural Control Committee shall for all purposes be deemed Each Owner by accepting a Deed to a Lot expressly waives any and to challenge or appeal the decisions of the Architectural Control Variances. The Declarant expressly grants the right to the Architectural Control Committee to grant to an Owner a variance or variances from these Covenants. Upon granting a variance or variances to any Owner, the Architectural Control Committee may, but shall not be required to, place evidence of such variance or variances of record in the Real Property Records of Smith Ridgecreek Place Subdivision Declaration of Covenants - Page 5 VOL 3688 PAGE 376 County, Texas.
Notwithstanding anything contained in this Declaration to the contrary, upon the recording of any variance by the Architectural Control Committee in accordance with the terms of this Section 3.07 of this Declaration, this Declaration shall automatically and for all purposes be deemed to have been amended to include such variance or variances as part of the Covenants.
terms of this Section 3.07 of this Declaration, this Declaration shall automatically and for all purposes be deemed to have been amended to include such variance or variances as part of the Covenants.
4.01.
ARTICLE 4 Residential Purposes Only. All Lots shall be used for single-family residential purposes only. However, Declarant, and its agents, as well as any other person engaged in the construction and sale of Dwelling Units on the Property, shall have the right, during the construction and sales period, to use facilities as may be reasonably necessary or convenient for its business purpose of constructing and selling residences on the Property.
4.02.
Single Family Use Only. No Dwelling Unit or other structure of any kind shall be erected, altered, or permitted or than one (1) detached single-family dwelling. Each Dwelling private garage as provided in $4.04, below.
4.03.
Dwelling Unit Area and Construction.
The not other ve a lling Units les than three ed porches, terraces, of any residence constructed on a Lot must have a ground floor area thousand (3,000.0) square feet, exclusive of open or cre patios, driveways, carports, and garages.
shall consist of not less than seventy-five percet (75.) brick, brick veneer, stone, stone veneer, masonry construction and by the Architectural Control Committee. The Architectural Control Coitte s approval of one type of exterior construction material or design for on shall not in any manner be deemed to be an approval of the same or ilar exterior construction material or design for any other Lot, and the Architural Control Committee may refuse to approve a plan for construction on any Lot withstanding the approval of the same or similar plan for construction o roofs shall be constructed of fir prodim the Architectural Control All
may refuse to approve a plan for construction on any Lot withstanding the approval of the same or similar plan for construction o roofs shall be constructed of fir prodim the Architectural Control All Unofficial Copy Architectural Control Committee and il or Lot in the Subdivision.
ials which shall be acceptable to wood shingles approved by the in connection with the construction of a Dwelling Unit must be of resistant nature and must be coated periodically as determined by t Architectural Control Committee so as to assure resistance to fire.
xter or cors, textures, and materials must, in the opinion of the Architectural Co rol Committee, be compatible not only with this specified design criter a bu als ompatible with adjacent and surrounding Lots, 4.04.
of the Dwelling Unit, (iii) otherwise arved Control Committer a Lot.
11 garages constructed on a Lot shall be (i) a part (1) attached to a Dwelling Unit by a breezeway, or writing by the Architectural Control Committee prior onstruction of the Dwelling Unit on a Lot.
All garages unless otherwise approved in writing by the Architectural to the beginning of construction of the Dwelling Unit on emay be enclosed or otherwise occupied or used as part of the dwe ing. Garages may not be used for other than storage and parking vehics w hout the written consent of the Architectural Control Committee.
line Building Setback Lines. No Dwelling Unit, building, structure, ermant improvement shall be located on any Lot nearer to any boundary line the the nimum building setback lines shown on the Plat. The building setback wn on the Plat shall not, however, be binding upon the Architectural Control Committee, and the Architectural Control Committee shall have the right
tback lines shown on the Plat. The building setback wn on the Plat shall not, however, be binding upon the Architectural Control Committee, and the Architectural Control Committee shall have the right to, unilaterally without amendment to this Declaration, permit a change in the setback line on any Lot in the Subdivision when, in the sole opinion of the Architectural Control Committee, it is deemed and determined to be advisable to Ridgecreek Place Subdivision Declaration of Covenants Page 6 VOL 3688 PAGE 377 the permit such change. The provisions of this $4.05 expressly grant to Architectural Control Committee the right to require that any Dwelling Unit, building, or other structure be set back further than the minimum setback lines shown on the Plat.
4.06.
Resubdivision. No Lot shall be resubdivided in any manner without the prior written consent of the Architectural Control Committee. Any person owning two or more adjoining Lots may utilize such separate, adjoining Lots for one building site with the privilege of constructing one Dwelling Unit on the separate, adjoining Lots, subject to the approval of the Architectural Control Committee; provided, however, the each of the two or more adjoining Lots utilized for the one building site shall remain separate, individual Lots and shall not be resubdivided into one Lot. Notwithstanding anything contained in this Declaration to the contrary, subject to the approval of all appropriate governmental agencies having jurisdiction over the Subdivision and any ot, the Declarant hereby reserves the sole and unilateral right at any time while the Declarant is the Owner of any Lot to subdivide or resubdivide, as be, and/or to plat or replat, as the case may be, all or any por or Lots without the consent of any other Owner.
4.07.
time while the Declarant is the Owner of any Lot to subdivide or resubdivide, as be, and/or to plat or replat, as the case may be, all or any por or Lots without the consent of any other Owner.
4.07.
Easements, Rights-of-Way, and Streets.
are reserved bdivision, to shrubbery, The installation and maintenance of utilities and drainage fr as shown on the Plat. No utility company, water district, or other authorized entity using these easements be liable for any damage done by them or their assigns, agents, employer or sel trees, flowers, or to other property of the Owne situat streets as located and shown on the Plat shall Association. The Association shall have the res and upkeep of all streets shown on the Plat, and e the Owner's pro rata share of assessments provided in this Declaration.
4.08.
Maintenance of Lots.
priva sibi in any easement.
streets owned by the ty for the maintenance mer shall be liable for or street maintenance and upkeep as Unofficial Copy noer of any Lot fails to maintain the premises in a neat and order man er e Architectural Control Committee shall have the right, through its agents and employees, to enter upon the Lot in order to repair, maintain, and rest et Lot, including landscaping, and the exterior of any buildings and oth 1 rovements located on the Lot, all at the expense of the Owner.
Any and such expenses incurred by or on behalf of the Architectural Control Comtte shal for all purposes be conclusively deemed and considered to be charges subiec to e Subdivision Lien defined in Section 7.01 of this Declaration.
4.09.
conducted on any Lot neighborhood.
4.10.
No noxious or offensive activity shall be be or may become an annoyance or nuisance to the No building, structure, or other property of
this Declaration.
4.09.
conducted on any Lot neighborhood.
4.10.
No noxious or offensive activity shall be be or may become an annoyance or nuisance to the No building, structure, or other property of any nature what ever which has not been approved for residential use by the homes, moto accessory How er truc Committee, including but not limited to trailers, mobile es, basements, tents, shacks, garages, and other outbuildings and res, shall be allowed to be used or placed upon any Lot or any e Subdivision at any time, either temporarily or permanently.
Signs. No signs of any type shall be allowed on any Lot except not more than five (5) square feet advertising the property for sale.
eclarant, as well as any other person engaged in the construction of Units on the Property shall have the right, during the construction period only, to erect and maintain one sign of not more than five (5) square feet advertising the construction of a Dwelling Unit.
Dwell Ridgecreek Place Subdivision Declaration of Covenants Page 7 VOL 3688 PAGE 378 4.12.
Mineral Development. No Owner shall grant any right to or consent to any (i) oil well drilling, development, or refining, or (ii) any mineral quarrying or mining operations of any kind on any Lot. No Owner shall grant any right for or consent to any oil well, tank, tunnel, mineral excavation, or shaft to be erected, maintained, or permitted on any Lot. No Owner shall grant any right for or consent to any derrick or other structure designed for use in boring for oil, natural gas, or other minerals to be erected, maintained, or permitted on any Lot.
4.13.
Trash Disposal. No rubbish, garbage, or trash shall be placed or allowed to remain at the exterior of any Dwelling Unit except in containers
s to be erected, maintained, or permitted on any Lot.
4.13.
Trash Disposal. No rubbish, garbage, or trash shall be placed or allowed to remain at the exterior of any Dwelling Unit except in containers meeting the specifications of the Declarant or the Architectural Control Committee. The placement, maintenance, and appearance of all such containers shall be subject to rules and regulations of the Architectural Control Committee.
There shall be no burning or other incineration of trash, garbage, leave or other debris on any Lot at any time.
4.14.
Landscaping at Intersections. No fence, wall, brush, or Comittee shrub planting that in the sole opinion of the Architectural contr obstructs sight lines at any vehicular intersection in the Su vism shall be placed or permitted to remain on any Lot in the Subdivision 4.15.
Animals. No animals, livestock, or po ltry of a kind shall be raised, bred, or kept on any Lot, except that number of dogs, cats, or other household pets may be kept, provided they ✓ not kept, bred, or maintained for any commercial purpose. The Archi ectural Control Committee shall have the sole right and authority to determine a "household pet' for the purposes hereof, and (i constitutes a reasonable number for the purposes 4.16.
Vehicular Parking Restri whether or not an animal is what umber of household pets No truck, bus, motor home,.
recreational vehicle, motorcycle, boat ail or other trailer shall be left parked in the street in front of or adj ce to my Lot, except for construction and repair equipment while a Dw lin Us being built or repaired in the immediate vicinity. No truck, bus, rotor home, recreational vehicle, motorcycle, boat trailer, or other trailer shale ✓ Ked on the driveway or any portion of Unofficial Copy a Lot in such manner as
he immediate vicinity. No truck, bus, rotor home, recreational vehicle, motorcycle, boat trailer, or other trailer shale ✓ Ked on the driveway or any portion of Unofficial Copy a Lot in such manner as to be is from the street without first having the Achitectural Control Committee to do so, reason.
obtained the written consent which consent may be wit 4.17.
estate sale or garag Except for an Owner conducting an on-regular basis with the prior written approval of the Architectura. t. 1 Committee, no professional, business, or commercial activity to which th 4.18.
any type, 2 public is invited shall be conducted on any Lot.
No poles, masts, antennas, or satellite dishes of ight shall be installed on any Lot without the written consent of the Achit tural Control Committee, which consent may be withheld for any ve Storage. No exterior storage of any items of any kind shall on any Lot without the prior written consent of the Architectural Com tee, which consent may be withheld for any reason.
Motor Vehicles. The operation of any and all motorized le within or upon the Property at any and all points in the Subdivision subject to such rules and regulations as shall from time to time by established by the Architectural Control Committee.
4.21.
Misuse of Lot. No Lot shall be maintained or utilized in such a manner as to (i) present an unsightly appearance to, (ii) unreasonably offend Ridgecreek Place Subdivision Declaration of Covenants Page 8 VOL 3688 PAGE 379 the morals of, (iii) constitute a nuisance or unreasonable annoyance to, or (iv) endanger the health of other Owners, as determined in the sole discretion of the Architectural Control Committee.
4.22.
Violation of Laws. No Lot shall be maintained or utilized in
noyance to, or (iv) endanger the health of other Owners, as determined in the sole discretion of the Architectural Control Committee.
4.22.
Violation of Laws. No Lot shall be maintained or utilized in such a manner as to violate any applicable statute, ordinance, or regulation of the United States of America, the State of Texas, the County of Smith, Texas, or the City of Tyler, Texas, or any other governmental or quasi-governmental agency or authority having jurisdiction over any Lot.
4.23.
Violation of Covenants. No Lot shall be maintained or utilized in violation of any part of this Declaration or of the rules and regulations of the Architectural Control Committee or the Board.
4.24.
Construction Equipment. No construction equipment of ny kind shall be driven upon, parked, stored, placed, or otherwise in any maer upon any street in the Subdivision after 7:00 P.M. No trailer vehicle, or other storage apparatus of any kind upon which fails ee mer' ocated ction equipment of any kind is loaded, placed, stored, or otherwise Local d shell be driven upon, parked, stored, placed, or otherwise in any manne oca d upon any street in the Subdivision after 7:00 P.M. Each Owner shall be ponsible for requiring their contractors, subcontractors, agents, empl resentatives, and any other persons acting through any Owner or on any beh if to comply with these restrictions. If an Owner equine their contractors, subcontractors, agents, employees, representativ 3, and any cher persons acting through any Owner or on any Owner's behalf to comply with the restrictions set forth in this Section 4.24, the Architectural trol (mmittee shall have the right, through its agents and employees, to requ cliance or to have such construction equipment, trailer, other storage cle, or other storage
ction 4.24, the Architectural trol (mmittee shall have the right, through its agents and employees, to requ cliance or to have such construction equipment, trailer, other storage cle, or other storage apparatus moved from the Subdivision, all the expense of the Owner.
Any and all such expenses incurred by or on behalf of the Architectural Control Committee shall for all purposes be conclusivel ee and considered to be charges subject to the Subdivision Lien define i ecion 7.01 of this Declaration.
Unofficial Copy 5.01.
Easements. 11 streets, rights-of-way, and easements for the installation and maintence ostre ts, utilities, and drainage facilities are reserved as shown on th P.
hrubbery, fence, or other obstruction shall be placed in, on, or ov and egress shall alleyway for purpo removing any utility nyasement or right-of-way. Right of use for ingress at all times over any dedicated easement or installing, operating, maintaining, repairing, or struction placed in such easement or alleyway that would interfere with the installation, maintenance, operation, or removal of such utility.
electricity Lots on Underground Utilities. An underground distribution system for er, telephone, and cable TV shall be installed to serve all division. The Owner of each Lot, at the Owner's cost, shall and maintain (all in accordance with the requirements of local ent authorities and the National Electrical Code) an underground service appartenances from the meters installed on the Lot by the various ilitympanies or other companies providing such services to such point as may be esignated by the applicable company or the Architectural Control Committee perty line of the Lot. The company furnishing the said utility service
panies providing such services to such point as may be esignated by the applicable company or the Architectural Control Committee perty line of the Lot. The company furnishing the said utility service shall make the necessary connection at the property line and at the meter. Each Owner, at the Owner's cost, shall install, furnish, and maintain a meter (in accordance with then-current standards and specifications of the utility or other for the Dwelling Unit constructed on the Lot. For as long as underground service is maintained, the utility services to each Lot shall be company) Ridgecreek Place Subdivision Declaration of Covenants Page 9 VOL 3688 PAGE 380 uniform in character as determined in the sole discretion of the Architectural Control Committee.
ARTICLE SIX 6.01.
Creation of Association. The Owners shall constitute the Association. Each Owner of a Lot, including the Declarant, shall automatically be a member of the Association. Association membership shall be appurtenant to ownership of a Lot. Ownership of a Lot is the sole criterion for membership in the Association. The Declarant may, in the Declarant's sole discretion, incorporate the Association at the expense of the Association in accordance with the laws of the State of Texas.
to 6.02.
Resubdivision of Lots. If an Owner resubdivides a Lot one nto one or more Lots in accordance with the provisions of Section 4.06 hereof sul equent such resubdivision, the Owner shall be issued Association for each additional Lot created by the resubdivision If an owning two or more adjoining Lots utilizes such separate, adjoining building site as provided in Section 4.06 hereof, the Owner sha a separate membership for each Lot utilized for or as part of the site and shall continue to be responsible for and på
parate, adjoining building site as provided in Section 4.06 hereof, the Owner sha a separate membership for each Lot utilized for or as part of the site and shall continue to be responsible for and på assessments as shall be allocable to each separate Lot 6.03.
Transfer of Membership.
fone to own building dues and Owner.
mbership can be transferred only to the grantee of a conveyance a Lot, fee. Membership shall not be assigned, pledged, or transferred in any a prohibited transfer shall be void. There Lot.
Any attempt to make one (1) membership per Owners of such Lot shall when voting on Association fractions for voting purposes as cast If there are more than one Owner of any Lot, determine how their one (1) vote shall matters. No membership vote may be split i each membership is entitled to only one (1) 6.04.
Management.
U vote.
Unofficial Copy is in Owners other than the Declarant, o as the manager of the Association, by the Declarant, and (b) no Own Ol e as (i) title to all of the Lots the resignation of the Declarant Association shall be managed solely membership shall be entitle to vote on any matter of any nature whatsoer rega ding the Subdivision or the Association.
After title to all of Association shall be manage (1) vote on Association and as shall be provided 6.05.
is in Owners other than the Declarant, the wners and each Lot shall be entitled to one division matters as provided in §6.02, above, and n e As ciation's By-Laws, subject to this Declaration.
Owner shall have one vo each year.
Association's B -Law before the memb Board ch tim ship nd Conduct of Business. As provided above, each There shall be at least one meeting of the membership g, the Owners shall elect a Board as provided by the vote on any other matters the Board chooses to place
uct of Business. As provided above, each There shall be at least one meeting of the membership g, the Owners shall elect a Board as provided by the vote on any other matters the Board chooses to place and discuss any matter of Association business that the shes to bring before the entire membership.
Duties of the Board. (i) Until such time as title to all of in Owners other than the Declarant, through the Declarant or the Control Committee, either jointly or independently, and (ii) after as title to all of the Lots is in Owners other than the Declarant, tough the Board, the Association shall have the following powers and duties: To adopt rules and regulations to implement this Declaration and the Association's By-Laws; (b) To enforce this Declaration, the By-Laws, its rules and regulations; Ridgecreek Place Subdivision Declaration of Covenants Page 10 WOL3688 PAGE 381 (c) To elect officers of the Board and select members of Architectural Control Committee when that power devolves to the Board; (d) (e) To delegate its powers to committees, officers, or employees; the To prepare a balance sheet and operating income statement for the Association and deliver a report to the membership at its annual meeting; (f) To establish and collect regular assessments to defray expenses attributable to the Association's duties, to be levied against each Lot, including the Declarant; (g) To levy fines or other charges against Owners for violation of the Covenants or for the Owner's failure to comply with any action of the Declarant, the Architectural Control Committee, or the Board; (h) To establish and collect special improvements or other purposes; assessments apital because of (i) To levy fines against and file liens against
, the Architectural Control Committee, or the Board; (h) To establish and collect special improvements or other purposes; assessments apital because of (i) To levy fines against and file liens against nonpayment of charges or assessments duly levied and to ise on those liens; (j) To charge interest on any amounts chand, Declarant, the Architectural Control Commitee, or rate not exceeding the maximum rate of interes charged in such cases for such charges, 1 vies, (k) To receive complaints regarding viola By-Laws, or the rules and regulati (1) To hold hearings to determine violate this Declaration, the By ether or fined by the Board at an annual that may be lawfully fines; of this Declaration, the to discipline Owners who the rules and regulations; (m) To give reasonable notice t a Owners of all annual meetings of the membership and all disci Unoffic I Copy (n) To hold regular me cings (0) To manage and main and Common Area ʼn the Sub repair, and against each (p) (q) ab in ne rings; the Board at least quarterly; of the streets, rights-of-way, easements, vision in a state of high quality and in good and collect regular and special assessments the payment of such management and maintenance; and assessments that are or could become a lien on the part thereof; costs of any liability insurance and fire insurance on and any liability insurance for members of the Board; To ke any and all such other action and to levy such assessments rges as shall be deemed by the Board to be reasonably necessary for ntenance and well-being of the Subdivision; and To determine what type, if any, of security service or system should besed in the Subdivision for the safety and protection of the residents the Subdivision.
Ridgecreek Place Subdivision Declaration of Covenants - Page 11
e, if any, of security service or system should besed in the Subdivision for the safety and protection of the residents the Subdivision.
Ridgecreek Place Subdivision Declaration of Covenants - Page 11 VOL 3688 PAGE 382 7.01.
ARTICLE SEVEN Imposition of Assessment Lien and Priority. Each Lot shall be subject to a continuing servitude in the form of the right and authority of the Declarant, the Architectural Control Committee, and the Board, acting either jointly or independently, to impose a lien at any time after the date of recordation of this Declaration for any regular assessments, special assessments, levies, fines, or other charges, and any interest accrued thereon, court costs, and attorney's fees as provided for in Article Six of this Declaration. Except as provided below in $7.02, such lien, hereinafter referred to as the "Subdivision Lien," against each such Lot shall be first and superior to any and all other charges, liens, or encumbrances which hereafter in any manner may arise and be imposed upon any Lot, except that such lien shall be subject and subordinate to liens for taxes and other public charges which by applicable law are expressly made superior.
7.02.
Subordination of Subdivision Lien. The shall which ) by wise affect sfer of the be subordinate only to any first mortgage lien held by, or deed of st the beneficiary is, an institutional lender which is chartered the United State of America or any state within the United Stes America.
Sale or transfer of any Lot shall not affect the priority of or the Subdivision Lien; provided, however, that if the saSubdivision Lien is pursuant to foreclosure of any such uper ortgage lien or deed of trust lien, or pursuant to any sale or oce ing in lieu thereof, when such sale is to such institutional lender,
saSubdivision Lien is pursuant to foreclosure of any such uper ortgage lien or deed of trust lien, or pursuant to any sale or oce ing in lieu thereof, when such sale is to such institutional lender, in good faith at the mortgage lien foreclosure or deed of sale, or such institutional lender taking by deed in lieu of reclos re, shall take the Lot free of the Subdivision Lien for all assessme charges that have accrued up to the date of issuanc deed or deed in lieu of foreclosure.
levies, and other a sheriff's or trustee's Upo the date of issuance of a sheriff's deed or trustee's deed or deed in lieu of reclosure in compliance with the terms of this $7.02, the Subdivision Li s immediately become and remain superior to any and all other charges, taxes or other public charges whic by Unofficial Copy encumbrances (except liens for le law are expressly made superior espect to any subsequent first lien ✓rust foreclosure sale purchaser or ke the Lot subject to all assessments, and except to the extent stated herein with financing), and such mortgage or a grantee in lieu of foreclosure fines, levies, and other charges and ay Subdivision Lien thereafter accruing subsequent to the date of the or deed in lieu of fore los re 7.03.
heirs, executors, assigns, covenants a (a) ssuae of the sheriff's deed or trustee's deed ent.
Each Owner, for said Owner, and the Owner's personal representatives, successors, and acquires the Owner's Lot subject to all assessments, other charges and rights of the Declarant, the Architect al Control Committee, and the Board to determine and levy all asses nt es, levies, and other charges against the Owner and the st as they may exist from time to time; That by accepting a Deed to a Lot, the Owner is, shall be, and
Board to determine and levy all asses nt es, levies, and other charges against the Owner and the st as they may exist from time to time; That by accepting a Deed to a Lot, the Owner is, shall be, and ain ersonally liable for any and all assessments, fines, levies, and ot charges which may be levied or imposed by virtue of the terms of Declaration against the Owner and/or the Owner's Lot while the said Or is (or was) the Owner thereof regardless of whether the Covenants or greements are expressed in such Deed and regardless of whether the said Owner signed the Deed; and (c) That (i) by and in consideration of accepting a Deed to a Lot, and (ii) to secure Owner's performance hereunder, and (iii) to secure payment Ridgecreek Place Subdivision Declaration of Covenants Page 12 of all VOL 3688PAGE 383 the Owner amounts secured by the Subdivision Lien hereunder, conveys the Lot, and all portions thereof, to the Architectural Control Committee in trust, with a power of sale, and warrants and agrees to defend the title to the said Lot, and all portions thereof. If the Owner pays all of the assessments, fines, levies, and other charges imposed against the Owner or the Lot as provided in this Declaration in accordance herewith, including any attorney's fees and interest related thereto, this conveyance in trust shall have no further effect. If the Owner fails to pay any of the assessments, fines, levies, and other charges imposed against the Owner or the Lot as provided in this Declaration in accordance herewith, the Architectural Control Committee in its capacity as trustee shall have the right to nonjudicially foreclose upon the Subdivision Lien granted herein in accordance with and upon compliance with the provision
tectural Control Committee in its capacity as trustee shall have the right to nonjudicially foreclose upon the Subdivision Lien granted herein in accordance with and upon compliance with the provision of $51.002 of the Texas Property Code, as the same may be amended or supplemented from time to time.
7.04.
herwise ontrol Enforcement of Subdivision Lien. Unless expressly provided in this Declaration, (i) until such time as title to all of the ots is in Owners other than the Declarant, the Declarant or the Architect.
Committee, either jointly or independently, and (ii) after such time as all of the Lots is in Owners other than the Declarant, Architectural Control Committee, either jointly or independent right to enforce the provisions of this Declaration.
to part hereof, or entities shall fail or refuse to enforce this Declaration for an unreasonable period of time after written request then any Owner may enforce the provisions of this Declatio, which are not enforceable only by the Declarant, the Architect Cont ommittee, or the Board, at the said Owner's sole cost and expense by any appropriate action, and neither the Declarant, the Architectural Contro Commitee, or the Board shall have any liability for failing or refusing to force is Declaration to any Owner or other person or entity.
7.05.
Remedies. If the Owner ny Lot fails to pay any assessment, fine, levy, or other charge imposed Declaration, or to pay any interest acc associate therewith or related theret fees) incurred in collecting same, Committee, or the Board, as arant, Unofficial Copy to any provision of this the on, or to pay any other charges luding court costs and attorney's the Architectural Control hall and does have the right and
ittee, or the Board, as arant, Unofficial Copy to any provision of this the on, or to pay any other charges luding court costs and attorney's the Architectural Control hall and does have the right and authority to enforce the payment of e assessments, fines, levies, and other charges imposed pursuant to prosions of this Declaration, including interest, court costs, an attorney fees, and/or enforce the Subdivision Lien by taking either or both of the following actions, concurrently or separately, jointly or independent ✓ ercising either of the remedies hereinafter set forth, the Declaran rchitectural Control Committee, or the Board, as applicable, does no pe ice heir exercise of any other remedy): (a) at law and recover judgment against the Owner personally iga to pay such amounts; or (b) Enfce the Subdivision Lien against the Lot by any means available equity, including without limitation a nonjudicial ree of the Lot, such sale to be conducted in the manner set for in 51.002 of the Texas Property Code, the same may be amended or mented from time to time. The Declarant, or any Owner, or any other so or entity, without limitation, may be the purchaser at any such closure sale.
Ridgecreek Place Subdivision Declaration of Covenants - Page 13 VOL 3688 PAGE 384 8.01.
Enforcement.
ARTICLE EIGHT The Declarant, the Architectural Control Committee, the Board, or any Owner, as applicable shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, and reservations imposed by this Declaration. Failure to enforce any covenant or restriction shall not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. All waivers must be in writing and signed by the party to be bound.
8.02.
ll not be deemed a waiver of the right of enforcement either with respect to the violation in question or any other violation. All waivers must be in writing and signed by the party to be bound.
8.02.
Severability. Invalidation of any one of the Covenants or restrictions by judgment, or court order, or otherwise shall in no way affect any other covenant, restriction, or provision, and all other covenants, restrictions, and provisions shall remain in full force and effect.
8.03.
Binding Effect. These easements, restrictions, covenants, and conditions are for the purpose of protecting the value and desirabi Property. Consequently, they shall run with the real propert be binding on all parties having any right, title, or interest in the rope ty in whole or in part, and their heirs, successors, and covenants, conditions, and restrictions shall be for the benefit each Lot, and each Lot Owner.
8.04.
Term. The covenants, conditi easements, ✓e Property, anres Fictions of this Declaration shall be effective for a term of twen -five (2. ✓ ears from the date this Declaration is recorded, after which perio the conants, conditions, and restrictions shall be automatically extended for succes ve periods of ten (10) years subject to termination by an instrument sided more than seventy (70) percent of the Owners.
8.05.
Amendment.
Until such ti as title to all of the Lots is in Owners other than the Declarant, the Declan hall have the sole and unilateral power and authority to amend this Dec ar on and the Covenants upon any such manner and basis as the Declara Declarant to be in the best interets Unofficial Copy title to all of the Lots is in Owner may be amended only by the affir rmine in the sole opinion of the the Subdivision. After such time as than the Declarant, this Declaration
interets Unofficial Copy title to all of the Lots is in Owner may be amended only by the affir rmine in the sole opinion of the the Subdivision. After such time as than the Declarant, this Declaration te of seventy (70) percent of the Owners as evidenced by an instrument signed by such Owners and recorded in the Real Property Records of termination shall be efecve Texas.
Neither any amendment ΠΟΥ any I recorded in the Real Property Records of Smith County, Texas, an 11 quisite governmental approvals, if any, have been obtained.
8.06.
Attorney's Fees. If any controversy, claim, or its breach, or enforcement, the dispute arises relating to this instrument, prevailing party a entitled to recover from the losing party reasonable expenses, attor eys' ees, and costs.
n the Cov • Peral Construction. This Declaration shall be liberally ectuate its purpose of creating a uniform plan for the Property.
Right To Inspect. The Declarant and the Architectural Control the Board, jointly and severally, shall have the right to enter course the on all ots at all reasonable times for the purpose of inspecting whether or her thereof is in compliance with the terms of this Declaration and the If during the of construction of a Dwelling Unit, Declarant or the Architectural Control Committee, jointly or severally, determines in his/their/its sole discretion that there is a violation of the Covenants, the Declarant or the Architectural Control Committee, or both, as appropriate, may order a discontinuance of the construction of such Dwelling Unit until such time as corrective measures have been taken to assure full compliance Ridgecreek Place Subdivision Declaration of Covenants Page 14 VOL 3688 PAGE 385 with the Covenants, and an Owner's failure to immediately discontinue or cause
ve been taken to assure full compliance Ridgecreek Place Subdivision Declaration of Covenants Page 14 VOL 3688 PAGE 385 with the Covenants, and an Owner's failure to immediately discontinue or cause the discontinuance of construction of the Dwelling Unit, upon demand by Declarant or the Architectural Control Committee, shall constitute a further violation of this Declaration by that Owner.
8.09 Rule Against Perpetuities. If any interest purported to be created by this Declaration is challenged under the Rule Against Perpetuities or any related rule, the interest shall be construed as becoming void and of no effect as of the end of the applicable period of perpetuities computed from the date when the period of perpetuities starts to run of the challenged interest; the "lives in being" for computing the period of perpetuities shall be (a) those which would be used in determining the validity of the challenged interest, plus (b) if applicable, those of the issue of Thomas Rudd and C. Noah Israel who are living at the time the period of perpetuities starts to run on the challenged interest.
IN WITNESS WHEREOF, this Declaration is executed this 1995 in Tyler, Smith County, Texas.
19th day day of July, CREEKSIDE PLACE, LLC BY: Thoman THOMAS RUDD, STATE OF TEXAS COUNTY OF SMITH This instrument was acknowledged before me on the day of July, 1995, by Thomas Rudd, Manager of Creekside Place, LC, a Texas Limited Liability Company, on behalf of said Limited Liability Com ny.
Barbara White BARBARA WHITE NOTARY PUBLIC, STATE OF TEXAS My commission expires: Unofficial co WHEN RECORDED RETURN Mr. William Sheehy_ Wilson Law Firm Tyler, TX Filed for Record in: SMITH COUNTY, TEXAS MARY MORRIS - COUNTY CLERK On Jul 31 1995 At 11:01am Deputy Janis Farrell 112
nofficial co WHEN RECORDED RETURN Mr. William Sheehy_ Wilson Law Firm Tyler, TX Filed for Record in: SMITH COUNTY, TEXAS MARY MORRIS - COUNTY CLERK On Jul 31 1995 At 11:01am Deputy Janis Farrell 112 STATE OF TEXAS COUNTY OF SMITH I hereby certify that this instrument was filed on the date and time stamped herson by me and was duly recorded in the Land Records of Smith County, Texas.
JUL 31 1995 MARY MORRIS COUNTY CLERK, Smith County, Texas By Gladys Endey Deputy Ridgecreek Place Subdivision Declaration of Covenants Page 15