VOL 5575 PG252 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Savannah Heights THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BELL § THAT WHEREAS, JMW Development, Ltd., ("Declarant") is the sole owner of certain real property located in Bell County, Texas, as more particularly described as Savannah Heights Subdivision, a subdivision of record in Bell County, Texas, according to the map or plat of record in Cabinet D, Slides 25D,26A,26, Plat Records of Bell County, Texas, WHEREAS, Declarant desires to convey the Property subject to certain protective covenants, conditions, restrictions , liens , and charges hereinafter set forth; and WHEREAS, Declarant desires to create and carry out a uniform plan for the improvement, development, and sale of the Property for the benefit of the present and future owners of the Property.
NOW, THEREFORE, it is hereby declared: (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed.
ARTICLE I DEFINITIONS
elivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed.
ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01. Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to these restrictions to review and approve plans for the construction of Improvements upon the Property.
1.02. Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and regulations adopted by the Architectural Committee, as the same are amended from time to time.
1.03. Articles. "Articles" shall mean the Articles of Incorporation of Savannah Heights Subdivision Owners Association, Inc., which may be filed in the office of the Secretary of State of the State of Texas, if the Association is formed, and as the same are from time to time amended.
1.04. Assessment. "Assessment" or "Assessments" shall mean assessment(s) levied by the Association under the terms and provisions of this Declaration.
1.05. Association. "Association" shall mean and refer to Savannah Heights Subdivision Owners Association, Inc., a Texas non-profit corporation, which may be created pursuant to Section 6.01 of the Declaration.
1.06. Association Rules. "Association Rules" shall mean the rules and regulations adopted by the Board as the same may be amended from time to time.
1.07.
1.08.
Board. "Board" shall mean the Board of Directors of the Association.
Bylaws. "Bylaws" shall mean the Bylaws of the Association, which may be adopted by the Board, as the same are from time to time amended.
. "Board" shall mean the Board of Directors of the Association.
Bylaws. "Bylaws" shall mean the Bylaws of the Association, which may be adopted by the Board, as the same are from time to time amended.
1.09. Common Area and Facilities. "Common Area and Facilities" shall mean Lots and other properties, if any, designated by Declarant and conveyed to the Association, if formed, along with any areas within public right-ofways or easements that the Board deems necessary or appropriate to maintain for the common benefit of the Owners.
Common Area and Facilities may be designated by Declarant and dedicated or otherwise conveyed to the Association, if formed, the Owners, or to any public agency, authority or utility from time to time and at any time. If and at the time Declarant annexes additional real property to the Property in accordance with Section 2.02 hereof, additional Common Area and Facilities may be designated.
1.10.
Declarant. "Declarant" shall mean, JMW Development, Ltd.,a Texas limited partnership ("Declarant"), its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written TDT Savannah Heights Page 1 12/22/2004 * 15 VOL 5575 PG253 assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder.
1.11.
1.12.
Declaration. "Declaration" shall mean this instrument as it may be amended from time to time.
Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts,
Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
Living Unit.
"Living Unit" shall mean and refer to a single-family residence and the attached garage serving same.
1.13 1.14. Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on the Plat of the Subdivision, together with all Improvements located thereon.
1.15. Member. "Member" or "Members" shall mean any person(s), entity or entities holding membership rights in the Association.
1.16. Mortgage. "Mortgage" or "Mortgages" shall mean any mortgage(s) or deed(s) of trust covering any portion of the Property given to secure the payment of a debt.
1.17.
Mortgages.
Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or 1.18. Owner. "Owner" or "Owners" shall mean the person(s), entity or entities, including Declarant, holding a fee simple interest in any portion of the Property, but shall not include the Mortgagee of a Mortgage.
1.19.
Person. "Person" or "Persons" shall mean any individual(s), entity or entities having the legal right to hold title to real property.
1.20.
Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to
ean any individual(s), entity or entities having the legal right to hold title to real property.
1.20.
Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement.
1.21. Plat. "Plat" shall mean the subdivision plat of Savannah Heights Subdivision, a subdivision of record in Cabinet D, Slides 25D,26A,26, Plat Records of Bell County, Texas, as the same may be amended from time to time.
1.22. The Restrictions. The "Restrictions" shall mean this Declaration, as the same may be amended from time to time , together with the Architectural Committee Rules, the Association Rules, and the Articles and Bylaws, if any.
1.23. Subdivision. "Subdivision" shall mean Savannah Heights subdivision, a subdivision in Bell County, Texas, according to the Plat.
ARTICLE II DEVELOPMENT OF THE PROPERTY 2.01. Development by Declarant. Declarant may divide or subdivide the Property into several areas, develop some of the Property , and, at Declarant's option, sell any portion of the Property free of these restrictions.
2.02. Addition of Land. Declarant may, at any time and from time to time, add land to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein shall apply to the added
ny time and from time to time, add land to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein shall apply to the added land, and the rights, privileges, duties, and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as with respect to the lands originally covered by this Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Official Records of Real Property of Bell County, Texas , a notice of addition of land containing the following provisions: (A) A reference to this Declaration, which reference shall state the book and page numbers of the Official Records of Real Property of Bell County, Texas, wherein this Declaration is recorded; A statement that the provisions of this Declaration shall apply to the added land; and (B) (C) A legal description of the added land.
TDT Savannah Heights Page 2 12/22/2004 VOL 5575 PG254 ARTICLE III GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 3.01.
Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole, all without the approval of the Architectural Committee.
3.02.
Hazardous Activities. No activities shall be conducted on the Property and no Improvements
ements or other interests less than the whole, all without the approval of the Architectural Committee.
3.02.
Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property, which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes.
3.03. Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon.
3.04. Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.
3.05.
Noise/Nuisances. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. No exterior lighting of any sort shall be installed or maintained on a lot where the light source is offensive or a nuisance to neighboring property (except reasonable security or landscape lighting that has the approval of the Architectural Committee.
or maintained on a lot where the light source is offensive or a nuisance to neighboring property (except reasonable security or landscape lighting that has the approval of the Architectural Committee.
3.06. Animals Household Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Property. No Owner may keep on such Owner's Lot more than four (4) cats and dogs, in the aggregate, not more than two (2) of which may be dogs. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.
3.07. Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof
s. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants. Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or appropriately screened from view. Each Owner shall contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity.
3.08. Maintenance/Mowing. Each Owner shall keep all shrubs, trees, grass, and plantings of every kind on such Owner's Lot cultivated, pruned, free of trash, and other unsightly material. All Improvements upon any Lot shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner of such Lot. Declarant, the Association, and the Architectural Committee shall have the right at any reasonable time to enter upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary; to paint, repair, or otherwise maintain any Improvements in need thereof; and to charge the cost thereof to the Owner of the Lot in the same manner as provided for the Association in Section 6.05(E) hereof.
3.09. Antennaç. No exterior radio or television antenna or aerial or satellite dish receiver which is visible from any other Lot or the street shall be erected or maintained on any Lot without obtaining the prior written consent of the Architectural Committee. The foregoing notwithstanding, in the event the absolute prohibition of such antenna or
be erected or maintained on any Lot without obtaining the prior written consent of the Architectural Committee. The foregoing notwithstanding, in the event the absolute prohibition of such antenna or receivers is invalidated or held to be unenforceable in any respect, then no exterior radio or television antenna, satellite dish or similar device shall be permitted to be erected or placed on any Lot unless the same is screened from view from adjoining Lots, streets and other portions of the Subdivision.
3.10. Signs. No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Architectural Committee, except for (i) signs which are part of Declarant's overall marketing or construction plans or activities for the Property and (ii) one (1) sign of not more than five (5) square feet, advertising any property within the Subdivision for sale or rent. All merchandising, advertising and sales programming shall be subject to the approval of the Architectural Committee.
TDT Savannah Heights Page 3 12/22/2004 VOL 5575 PG255 3.11. Water, Sewage Systems/Tanks. The Architectural Committee shall have the right to approve the location of any tank used or proposed in connection with a single family residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot. All tanks shall be screened so as not to be visible from any other portion of the Property. No individual water supply systems or sewage disposal system shall be permitted on any Lot, including but not limited to, water wells, cesspools or septic tanks.
rom any other portion of the Property. No individual water supply systems or sewage disposal system shall be permitted on any Lot, including but not limited to, water wells, cesspools or septic tanks.
3.12. Temporary Structures. No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the prior written approval of the Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained with the prior approval of Declarant, approval to include the nature, size, duration, and location of such structure. Notwithstanding any provision in this Declaration to the contrary, an Owner shall be permitted, without Architectural Committee approval, to erect one (1) outbuilding on the Owner's Lot if (i) the surface area of the pad on which the outbuilding is placed is less than or equal to eighty (80) square feet, (ii) the height of the outbuilding, measured from the surface of the Lot to the highest portion of the outbuilding is less than or equal to six (6) feet, (iii) the outbuilding is constructed within an area completely enclosed by a privacy fence of not less than six (6) feet in height, (iv) the exterior of the outbuilding is constructed of the same or substantially similar materials as the exterior of any residence located on the Lot, and (v) the outbuilding is constructed within building setback lines in accordance with applicable building codes of the governmental entity having jurisdiction over the Property. The Architectural Committee shall be entitled to determine, in its sole and absolute discretion, whether an
applicable building codes of the governmental entity having jurisdiction over the Property. The Architectural Committee shall be entitled to determine, in its sole and absolute discretion, whether an outbuilding constructed on any Lot complies with the foregoing requirements relating to size, height, fence enclosure and construction materials.
3.13. Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares.
Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, all-terrain vehicles, motor scooters, sports equipment (such as volleyball nets, soccer goals or portable basketball goals) and garden maintenance equipment shall be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the Architectural Committee, to house all vehicles to be kept on the Lot. Lot Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventytwo (72) hours. No automobiles or other above-mentioned articles or vehicles may be parked overnight on any roadway within the Property. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or
er above-mentioned articles or vehicles may be parked overnight on any roadway within the Property. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. No (i) racing vehicles or (ii) other vehicles (including, without limitation, motorcycles or motor scooters) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lot or to be parked on any roadway within the Subdivision.
No commercial vehicles larger than a standard three-quarter (3/4) ton pickup truck or standard two-axle passenger van shall be permitted to remain on any Lot or to be parked on any roadway within the Subdivision.
3.14. Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot or used as a residence, either temporary or permanent, at any time, and no motor homes, travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or from public or private thoroughfares at any time.
3.15. Compliance with the Restrictions. Each Owner shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or
time. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Declarant, the Architectural Committee, the Board on behalf of the Association, an aggrieved Owner, or, if applicable, the Municipal Utility District having jurisdiction over the Property.
3.16. Liability of Owners for Damage to Common Area and Facilities. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area and Facilities without the prior written approval of the Board. Each Owner shall be liable to the Declarant, or the Association, the Owners, or any public agency, authority, or utility, if the Common Area and Facilities have been dedicated or otherwise conveyed to any such party, for any and all damages to ( i) the Common Area and Facilities, or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by any such party, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, or by any tenant or other occupant of such Owner's Lot, or any guest or invitee of such Owner. The full cost of all repairs of such damage shall be an Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided for in Section 8.06 hereof, including, but not limited to foreclosure of such lien.
3.17. No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article or elsewhere in this Declaration are or may be invalid or unenforceable for any reason
o reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms, or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
TDT Savannah Heights Page 4 12/22/2004 VOL 5575 PG256 ARTICLE IV USE AND CONSTRUCTION RESTRICTIONS 4.01. Approval for Construction. No Improvements shall be constructed upon any Lot without the prior written approval of the Architectural Committee.
4.02.
Use. All Lots, unless dedicated to the Association as Common Area and Facilities, shall be improved and used solely for single family residential use, inclusive of an attached private garage for not more than three (3) cars, fencing and such other Improvements as are necessary or customarily incident to residential use. Unless a Lot (or Lots) has (or have) been specifically developed for attached single-family Living Units, all Lots shall be used solely for detached single-family residential use. Declarant may utilize the Temporary Office for commercial purposes until the Temporary Office is conveyed. After such conveyance occurs, the Temporary Office shall be used for residential purposes as outlined in this Section 4.02. Builders may use a select number of lots business use for the purpose of marketing, selling and building lots within the subdivision.
be used for residential purposes as outlined in this Section 4.02. Builders may use a select number of lots business use for the purpose of marketing, selling and building lots within the subdivision.
4.03. Rentals. Nothing in this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that all rentals must be for terms of at least six (6) months.
4.04. Dwelling Height. No single family dwelling greater than two (2) stories in height may be constructed on any Lot without the prior written approval of the Architectural Committee.
4.05.
Fences and Sidewalks and Sight Line Obstruction. Unless otherwise approved by the Architectural Committee, all fences on Lots shall be six (6) feet in height and shall be constructed with #1 grade cedar pickets and with treated pine or cedar railings and post. Any fence fronting on a Street must be constructed of wood materials and must be six (6) feet in height. The Architectural Committee has the right to deviate its approval for the style and materials to be used based on the location with the Property. It is the intent to maintain visual continuity especially along Street. In no event shall any fence or wall be erected, placed or altered on a lot nearer to the front street than the front wall of the single family dwelling which is located on the Lot and no hedge may be installed or maintained more than three (3) feet in front of the wall of the single family dwelling which is located on the Lot and closest to the front property line of the Lot. The Owner of each Lot shall construct, at its sole cost and expense and prior to occupying any improvement located on the Lot, a sidewalk, located and designed in conformance with the Plat, to the
ot. The Owner of each Lot shall construct, at its sole cost and expense and prior to occupying any improvement located on the Lot, a sidewalk, located and designed in conformance with the Plat, to the extent the Plat requires a sidewalk on such Owner's Lot. The provision in the foregoing sentence may not be amended or altered without the express written consent of the Planning Department No fence, wall, hedge or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines or in the case of a rounded property corner, from the intersection of the street line extended; the same sight line limits shall apply on any Lot within ten (10) feet from the intersection of street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
4.06. Dwelling Size; Building Materials. All single-story dwellings shall contain not less than sixteen hundred (1600) square feet of enclosed living space, exclusive of porches (open or covered), decks, garages, and carports. All two-story dwellings shall contain not less than eighteen hundred (1800) square feet of enclosed living space, exclusive of porches (open or covered), decks, garages, and carports. All building materials shall be approved by the Architectural Committee, and only new building materials (except for used brick) shall be used for constructing any Improvements. Exposed metal roof decks which reflect light in a glaring manner such as galvanized
Committee, and only new building materials (except for used brick) shall be used for constructing any Improvements. Exposed metal roof decks which reflect light in a glaring manner such as galvanized steel sheets are specifically prohibited. Other roofing materials may be used with the prior written consent of the Architectural Committee, which may specify a minimum quality or grade of materials. All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall match the color of the surface from which they project, or shall be of a color approved by the Architectural Committee. No highly reflective finishes (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the exterior surfaces of any Improvements.
The masonry requirements for single and two-story dwellings shall be as follows: 4.07.
One-Story Dwellings. The front and sides of the exterior walls of all single family dwellings shall be constructed of masonry, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors and trim work.
Two-Story Dwellings. The front and sides of the exterior walls of the first floor of all single family dwellings shall be constructed of masonry, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors and trim work.
Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Committee.
4.08.
nce, which in any way alters the exterior appearance of any Improvement or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Committee.
4.08.
Garbage Containers. The Architectural Committee shall have the right to specify a specific location on each Owner's Lot in which garbage containers must be placed for trash collection service.
TDT Savannah Heights Page 5 12/22/2004 VOL 5575 FG257 4.09. Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and such provision is approved by the Architectural Committee.
4.10.
Construction Activities. This Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event that construction upon any Lot does not conform to usual practices in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the
e authority to seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the Architectural Committee may contract for or cause such debris to be removed, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
4.11.
Landscaping. The front and side yards of all Lots, from the front wall of the house, shall be fully sodded with St. Augustine, Bermuda, Prairie Buffalo Grass or other sod approved by the Architectural Committee. At least one tree shall be planted in the front yard of each Lot prior to the occupancy EACH OWNER IS ADVISED THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AS TO THE LIFE EXPECTANCY, VITALITY OR FITNESS FOR INTENDED PURPOSES OF ANY TREES OR SHRUBS LOCATED ON A LOT.
ARTICLE V COMMON AREA AND FACILITIES 5.01. Common Area and Facilities. No land within any Common Area and Facilities shall be improved, used or occupied, except in such manner as shall have been approved by Declarant, in its sole and absolute discretion.
Such required approval shall extend to the nature and type of use, occupancy and improvement. Declarant may, by written instrument, delegate its right to grant such approval to the Board. Access to any Common Area and Facilities may be limited to persons currently paying Assessments, fees and other charges, or otherwise conditioned or restricted, or made available to non-owners, all upon such terms and conditions as Declarant may determine, in its sole and absolute discretion.
ts, fees and other charges, or otherwise conditioned or restricted, or made available to non-owners, all upon such terms and conditions as Declarant may determine, in its sole and absolute discretion.
5.02. Maintenance. Declarant may, but shall not be obligated to, in its sole discretion, maintain the Common Area and Facilities, if any, at its own cost and expense. If the Association is formed pursuant to Section 6.01 hereof, maintenance of any Common Area and Facilities shall be governed by Section 6.06 hereof and Assessments may be levied upon the Owners pursuant to Article VIII hereof. Under no circumstances shall Declarant be liable to the Owners, the Association, if any, or to any other person for maintaining or failing to maintain the Common Area and Facilities.
5.03. Condemnation. If all or any part of the Common Area and Facilities is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), Declarant, or the Association, if applicable , shall be entitled to participate in the proceedings incident thereto. The expense of participation in such proceedings by the Association shall be a common expense to be paid out of Assessments. The Association is specifically authorized to obtain and to pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association, in its discretion, deems necessary or advisable to aid it in any matters relating to such proceedings. All damages or awards for any such taking shall be the property of Declarant, or, if applicable, deposited with the Association. The Association, if applicable, in addition to the general powers set out herein, shall have the
any such taking shall be the property of Declarant, or, if applicable, deposited with the Association. The Association, if applicable, in addition to the general powers set out herein, shall have the sole authority to determine whether to contest or defend any such proceedings, to make any settlement with respect thereto or to convey such property to the condemning authority in lieu of condemnation.
ARTICLE VI THE ASSOCIATION 6.01. OPTIONAL ASSOCIATION. THE PROVISIONS CONTAINED IN THIS ARTICLE VI AND RELATED PROVISIONS ELSEWHERE IN THIS DOCUMENT SHALL ONLY BE OPERATIVE IN THE EVENT DECLARANT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CREATE A HOMEOWNERS ASSOCIATION TO ASSUME THE DUTIES AND POWERS PRESCRIBED BY LAW AS SET FORTH IN THIS DECLARATION. ON THE EFFECTIVE DATE OF THIS DOCUMENT, DECLARANT DOES NOT CONTEMPLATE CREATING THE ASSOCIATION AND SHALL HAVE NO OBLIGATION TO DO SO. THIS ARTICLE VI AND THE PROVISIONS EXPRESSLY RELATED TO THIS ARTICLE VI SHALL HAVE NO LEGAL OR OTHER EFFECT UNLESS AND UNTIL (1) DECLARANT ELECTS TO CREATE THE ASSOCIATION AS EVIDENCED BY THE DECLARANT'S INCORPORATION OF THE ASSOCIATION AND ISSUANCE OF ARTICLES OF INCORPORATION BY THE SECRETARY OF STATE OF TEXAS, OR (2) DECLARANT ACCEPTS, WHICH ACCEPTANCE SHALL BE IN DECLARANT'S SOLE AND ABSOLUTE TDT Savannah risights Page 6 12/22/2004 VOL 5575 FG258 DISCRETION, A PETITION IN RECORDABLE FORM SIGNED BY A MAJORITY OF OWNERS (EXCLUDING DECLARANT) OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE. IN THE EVENT DECLARANT ELECTS TO ACCEPT THE PETITION PURSUANT TO SECTION 6.01(2) ABOVE, DECLARANT SHALL INCUR NO EXPENSE RELATED TO THE INCORPORATION OR ORGANIZATION OF THE ASSOCIATION. HOWEVER, ANY ASSOCIATION CREATED SUBSEQUENT TO DECLARANT'S
PETITION PURSUANT TO SECTION 6.01(2) ABOVE, DECLARANT SHALL INCUR NO EXPENSE RELATED TO THE INCORPORATION OR ORGANIZATION OF THE ASSOCIATION. HOWEVER, ANY ASSOCIATION CREATED SUBSEQUENT TO DECLARANT'S ACCEPTANCE OF THE PETITION PURSUANT TO SECTION 6.01(2) ABOVE, SHALL BE EMPOWERED TO REIMBURSE ALL REASONABLE INCORPORATION AND ORGANIZATION EXPENSES ADVANCED BY ANY MEMBER. IN THE EVENT DECLARANT NO LONGER OWNS ANY PORTION OF THE PROPERTY ENCUMBERED BY THIS DECLARATION, A MAJORITY OF OWNERS OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE, MAY ELECT TO CREATE AN ASSOCIATION, AND DECLARANT'S ACCEPTANCE PURSUANT TO SECTION 6.01(2) SHALL NOT BE NECESSARY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, DECLARANT SHALL BE UNDER NO OBLIGATION TO CREATE A HOMEOWNER'S ASSOCIATION.
6.02. Organization. Any Association formed pursuant to Section 6.01 shall be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
6.03.
Membership. If the Association is formed, any Person who is or who becomes an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the ownership of the Lot which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the Lot.
6.04. Voting Rights. There shall be two classes of membership for the purpose of voting on any
m, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the Lot.
6.04. Voting Rights. There shall be two classes of membership for the purpose of voting on any Association matter. The Class A Members shall include each Owner (excluding Declarant) of a Lot within the Property and each such Owner shall have one (1) vote for each Lot owned. The Class B Member shall be the Declarant and Declarant shall have three (3) votes for each Lot owned by Declarant. The Class B Membership shall convert to a Class A Membership upon the earlier to occur of (i) Declarant owns less than twenty-five percent (25%) of the Property, or (ii) ten (10) years from the date of this Declaration.
6.05. Powers and Authority of the Association. The Association shall have the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration.
Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows: (A) (B) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact the Association Rules and Bylaws. The content of the Association Rules and Bylaws may be established by the Board, provided the same are not in conflict with this Declaration.
Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board,
laws may be established by the Board, provided the same are not in conflict with this Declaration.
Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
(C) Records. To keep books and records of the Association's affairs.
(D) (E) (F) Assessments. To levy Assessments as provided in Article VIII below. An Assessment is defined as that sum which must be levied in the manner and against the property set forth in Article VIII hereof in order to raise the total amount for which the levy in question is being made.
Right of Entry and Enforcement. To enter at any time in an emergency or in a non-emergency, after twenty-four (24) hours written notice, without being liable to any Owner, upon any Lot and into any Improvement thereon, for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered upon and the Improvements thereon, and shall be enforced in the same manner and to the same extent as provided in Article VIII hereof for regular Assessments. The Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin,
s own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens, and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringing suit against Declarant, its successors, or assigns.
Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
6.06. Common Area and Facilities. Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have the following duties: TDT Savannah Heights Page 7 12/22/2004 VOL 5575 PG259 (A) (B) (C) To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for whatever purpose which may be located in said areas; and to accept, own, operate and maintain all other property, real or personal, conveyed or leased to the Association by Declarant and to maintain in good repair and condition all lands, improvements and other Association property owned by or leased to the Association. Such maintenance shall include, but not be limited to, painting, mowing and removal of rubbish or debris of any kind.
To pay all real and personal property taxes and other taxes and Assessments levied upon or with respect to Common Area and Facilities or any other property owned by or leased to the Association to
nd.
To pay all real and personal property taxes and other taxes and Assessments levied upon or with respect to Common Area and Facilities or any other property owned by or leased to the Association to the extent that such taxes and Assessments are not levied directly upon the Members of the Association. The Association shall have all rights granted by law to contest the legality of the amount of such taxes and Assessments.
To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or death caused by the use and enjoyment of the Common Area and Facilities. Such insurance shall be in an amount as the Board shall deem appropriate.
7.01.
ARTICLE VII ARCHITECTURAL COMMITTEE Membership of Architectural Committee. The Architectural Committee shall consist of not more than three (3) voting Members ("Voting Members"), and such additional nonvoting Members serving in an advisory capacity ( "Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting Members of the Architectural Committee: Bruce Whitis and Charles M. Carr.
7.02. Action by Architectural Committee. Items presented to the Architectural Committee shall be decided by a majority vote of the Voting Members.
7.03.
7.04.
Advisory Members. The Voting Members may from time to time designate Advisory Members.
Term. Each Voting Member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. In the event of death or resignation of any Voting Member, the remaining Voting Member or Voting Members shall have full authority to act until a replacement Voting Member or Voting Members have been designated.
t of death or resignation of any Voting Member, the remaining Voting Member or Voting Members shall have full authority to act until a replacement Voting Member or Voting Members have been designated.
7.05. Declarant's Rights of Appointment. Declarant, its successors or assigns shall have the right to appoint and remove all Voting Members of the Architectural Committee. Declarant may delegate this right to the Board by written instrument.
Thereafter, the Board shall have the right to appoint and remove all Voting Members of the Architectural Committee.
7.06. Adoption of Rules. The Architectural Committee may adopt such procedural and substantive rules, not in conflict with this Declaration , as it may deem necessary or proper for the performance of its duties, including but not limited to, a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable.
7.07.
Review of Proposed Construction. Whenever in this Declaration the approval of the Architectural Committee is required , it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts which , in its sole discretion, are relevant. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the Architectural Committee, and construction thereof may not commence unless and until the Architectural Committee has approved such Plans and Specifications in writing. The Architectural Committee shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration, and
oved such Plans and Specifications in writing. The Architectural Committee shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration, and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Architectural Committee. The Architectural Committee may review Plans and Specifications submitted for its review and such other information as it deems proper. Until receipt by the Architectural Committee of any information or documents deemed necessary by the Architectural Committee, it may postpone review of any Plans and Specifications submitted for approval. No Improvement shall be allowed upon any Lot which would unreasonably obstruct the view from any other portion of the Property, and no Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such landscaping, color schemes, exterior finishes, and materials and similar features as to be incompatible with development within the Property and the surrounding area. The Architectural Committee shall have the authority to disapprove any proposed Improvement based upon the restrictions set forth in the preceding sentence and the decision of the Architectural Committee shall be final and binding so long as it is made in good faith. The Architectural Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness , or conformance with building or other codes.
ovement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness , or conformance with building or other codes.
7.08. Variance. The Architectural Committee may grant variances from compliance with any of the provisions of this Declaration, when, in the opinion of the Architectural Committee, in its sole and absolute discretion, such variance will not impair or detract from the high quality development of the Property and such variance is justified due to unusual or aesthetic considerations or unusual circumstances. Anything herein to the contrary notwithstanding, TDT Savannah Heights Page & 12/22/2004 VOL 5575 PC260 the Architectural Committee is hereby authorized, at its sole discretion, to waive any requirements relating to garages (including size), carports, dwelling size, masonry requirements, fences and setbacks and such decision shall be binding on all Owners of Property encumbered by this Declaration. All variances must be evidenced by written instrument in recordable form, and must be signed by at least two (2) of the Voting Members of the Architectural Committee. The granting of such variance shall not operate to waive or amend any of the terms or provisions of the covenants and restrictions applicable to the Lots for any purpose except as to the particular property and the particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions hereof.
7.09. Actions of the Architectural Committee. The Architectural Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action
of the Architectural Committee. The Architectural Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Committee. In the absence of such designation, the vote of the majority of all of the members of the Architectural Committee taken without a meeting shall constitute an act of the Architectural Committee. Notwithstanding anything to the contrary, in the event the Architectural Committee fails to respond to a request for approval of Plans and Specifications within thirty (30) days of receipt of all required information, the Architectural Committee shall be deemed to have approved such Plans and Specifications.
7.10. No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.
7.11.
Work in Progress. The Architectural Committee, at its option, may inspect all work in progress to insure compliance with approved Plans and Specifications.
7.12. Address. Plans and Specifications shall be submitted to the Architectural Committee, P.O. Box 10117, Killeen, Texas 76547 Attn: Terri Tepera, or such other address as may be designated from time to time.
7.13. Fees. The Architectural Committee shall have the right to require a reasonable submission fee for
n, Texas 76547 Attn: Terri Tepera, or such other address as may be designated from time to time.
7.13. Fees. The Architectural Committee shall have the right to require a reasonable submission fee for each set of Plans and Specifications submitted for its review.
ARTICLE VIII FUNDS AND ASSESSMENTS 8.01.
Assessments.
(A) (B) (C) 8.02.
The Association may from time to time levy Assessments against each improved Lot. The level of Assessments shall be equal and uniform between all improved Lots. For purposes of this section, a lot shall not be considered to be "improved" until a house has been constructed thereon. No Assessments hereunder shall be levied against any unimproved Lots.
Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date.
Each unpaid Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment fell due, and shall become a vendor's lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
8.03.
ing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
8.03.
Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Restrictions, which shall be limited to the costs incurred pursuant to the powers granted to the Association in Section 6.06 and the cost of enforcing the Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. In no event shall the maximum regular annual Assessments per Lot permitted hereunder be increased by more than five percent (5%) per year, unless approved by at least two-thirds of each Class of Members who are voting in person or by proxy at a meeting duly called for such
d hereunder be increased by more than five percent (5%) per year, unless approved by at least two-thirds of each Class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein. Notwithstanding the foregoing, the TDT Savannah Heights Page 9 12/22/2004 !
2 VOL 5575 PG261 Declarant shall pay assessments at the rate of one-fourth (1) of the regular annual assessments, so long as there is a Class B membership, and Declarant hereby covenants and agrees that in the event that the annual maintenance fund revenues are insufficient to pay the operating expenses of the Association, it shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association. In the alternative, Declarant shall have the right to pay full Class A assessments on its Lots without relinquishing its Class B status and shall then be excused from the payment of any budget deficits.
8.04.
Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments to enable the Board to carry out the mandatory functions of the Association under the Restrictions, upon the approval of at least two-thirds of the Members at a meeting called for that purpose, by adequate notice, with at least sixty percent (60%) of the Members or their proxies present at said meeting. If sixty percent (60%) of the Members do not attend, a second meeting may be called with the same notice and the quorum needed for said second meeting shall be thirty percent (30%) of the Members or their proxies.
8.05.
Owner's Personal Obligation for Payment of Assessments. The regular Assessments provided for
quorum needed for said second meeting shall be thirty percent (30%) of the Members or their proxies.
8.05.
Owner's Personal Obligation for Payment of Assessments. The regular Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the rate of six percent (6%) per annum on the amount of the Assessment, from the due date thereof, together with all costs and expenses of collection, including reasonable attomeys' fees.
8.06.
Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid shall, together with interest as provided in Section 8.05 hereof and the cost of collection, including attorneys' fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first Mortgage lien of record, securing in either instance sums borrowed for the improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien.
Such power shall be entirely discretionary with the Board and such subordination must be signed by a duly authorized officer of the Association. To evidence the aforesaid Assessment lien, the Association may prepare a written
ely discretionary with the Board and such subordination must be signed by a duly authorized officer of the Association. To evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the office of the County Clerk of Bell County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of Assessment lien as provided above, or the Association may institute suit against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorneys' fees incurred.
The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey, or otherwise deal with the same. Upon the written request of any Mortgagee, the Association shall report to said Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due.
9.01.
ARTICLE IX EASEMENTS Reserved Easements. All dedications, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions, and related rights, made prior to the Property
All dedications, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions, and related rights, made prior to the Property becoming subject to this Declaration are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein and shall be construed as being adopted in each and every contract, deed, or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes in and additions to the said easements and for the purpose of most efficiently and economically developing the Property.
Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other Person, to grant, dedicate, reserve or otherwise create, at any time or from time to time, easements for public utility purposes (including without limitation, gas, water, electricity, telephone and drainage) in favor of any Person along any front, rear, or side boundary line of any Lot, which said easements shall have a maximum width of ten (10) feet (provided, however, that easements along side yard lot lines shall straddle such lot lines with five (5) feet on each of the adjoining Owner's Lots).
9.02. Installation and Maintenance. There is hereby created an easement upon, across, over, and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including but not limited to, water, wastewater, gas, telephones, and electricity lines and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to
water, gas, telephones, and electricity lines and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service line, or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no electrical lines, water lines, or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements.
TDT Savannah Heights Page 10 12/22/2004 VOL 5575 PG262 9.03. Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require.
Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent, in any drainage easement, except as approved in writing by the Architectural Committee.
9.04.
Surface Areas. The surface of easement areas for underground utility services may be used for
r permanent, in any drainage easement, except as approved in writing by the Architectural Committee.
9.04.
Surface Areas. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants, or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation, or repair of any facility in any such easement area.
9.05. Common Area and Facilities. Each Owner shall have a non-exclusive easement for use and enjoyment in and to all Common Area and Facilities which shall be appurtenant to and shall pass with title to such Owner's Lot, subject to the following provisions: (A) (B) (C) (D) (E) Right of Association to suspend the Owner's voting rights and right to use the Common Area and Facilities for any period during which an Assessment against such Owner's Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Association; The right of Declarant, or the Association, as applicable, to dedicate or transfer all or any part of the Common Area and Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be deemed reasonable by Declarant, in its sole discretion, or, in the case of the Association, approved by a two-thirds vote of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein;
approved by a two-thirds vote of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein; The right of the Association to borrow money for the purpose of improving the Common Area and Facilities and, in furtherance thereof, mortgage the Common Area and Facilities, all in accordance with the Articles and Bylaws; The right of Declarant, or the Association, as applicable, to promulgate reasonable rules and regulations regarding use of the Common Area and Facilities; and The right of Declarant or the Association, as applicable, to contract for services with third parties on such terms as Declarant or the Association may determine.
ARTICLE X MISCELLANEOUS 10.01. Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until January 1, 2028, unless amended as herein provided. After January 1, 2028, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished as set forth in Section 10.02 below.
10.02.
(A) (B) Amendment/Extinguishment.
By Declarant. So long as no Home Owners Association has been formed pursuant to Section 6.01 hereof, this Declaration may be amended by the Declarant, without the joinder of any other party. No amendment by Declarant shall be effective until there has been recorded in the Official Records of Real Property of Bell County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment.
By Owners. In addition to the method in Section 10.02 (A), this Declaration may be amended or
Bell County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment.
By Owners. In addition to the method in Section 10.02 (A), this Declaration may be amended or extinguished by the recording in the Official Records of Real Property of Bell County, of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment or extinguishment and certifying that such amendment or extinguishment has been approved by Owners entitled to cast at least ninety percent (90%) of the number of votes entitled to be cast pursuant to Section 6.04 hereof for the first twenty years from the date hereof, and by seventy-five percent (75%) of said Owners thereafter.
10.03. Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either by certified mail, return receipt requested, or personally delivered and a written receipt received therefor. If delivery is made by certified mail, it shall be deemed to have been delivered the date on which it was received by the person to whom such notice was addressed. Such address may be changed from time to time by notice in writing given by such person to the Association.
10.04. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed and governed under the laws of the State of Texas.
TDT Savannah Heights Page 11 12/22/2004 000262 VOL 5575 PG263
epts of the Property set forth in this Declaration. This Declaration shall be construed and governed under the laws of the State of Texas.
TDT Savannah Heights Page 11 12/22/2004 000262 VOL 5575 PG263 10.05. Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct any and alter drainage patterns and facilities, to construct any and all other types of improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales, and leasing anywhere within the Property.
10.06. Nonliability of Architectural Committee and Board Members. Neither the Architectural Committee, nor any member thereof, nor the Board, nor any member thereof, shall be liable to the Association or to any Owner or to any other person for any loss, damage, or injury arising out of their being in any way connected with the performance of the Architectural Committee's or the Board's respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Committee or its member or the Board or its member, as the case may be.
10.07. Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and duties under this Declaration to any other Person and may permit the participation, in whole or in part, by any other Person in any of its privileges,
t, any of its privileges, exemptions, rights, and duties under this Declaration to any other Person and may permit the participation, in whole or in part, by any other Person in any of its privileges, exemptions, rights, and duties hereunder.
10.08. Enforcement and Nonwaiver. Except as otherwise provided herein, any Owner at his own expense, Declarant, the Board and/or the Municipal Utility District having jurisdiction over the Property shall have the right to enforce all of the provisions of the Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. The failure to enforce any provision of the Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions. Declarant, or the Association shall have the right, when appropriate in its judgment, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.
10.09. Construction. The provisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
sed in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
IN WITNESS WHEREOF, Declarant has executed this Declaration to be effective on the 23rd day of December 2004.
FILED FOR RECORD '05 JAN 3 PM 2 52 VADA CNTY CLERK.
BY ' Jay Manning, Vice-President STATE OF TEXAS §COUNTY OF Bell§ DECLARANT: JMW Development, Ltd.
(a Texas Limited Partnership) By: JMW Development Management, LLC.
General Partner By: ✓ Bruce Whitis, President And By: Jmy This instrument was acknowledged before me on the 23rd day of December, 2004, by BRUCE WHITES, JAY MANNING JMW Development, Management, LLC. General Partner AFTER RECORDING, RETURN TO: D.R. Horton Attn: Terri Tepera P.O. Box 10117 Killeen, Texas 76547 TDT Savannah Heights Notary Public, State of Texas c State c NOTARY ARE ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS FATE OF YOUR MY COMM. EXP. 10-29-2008 Page 12 12/22/2004 70 2006 00051443 Recorded On: November 01, 2006 Parties: E&B DEVELOPMENT LTD To Comment: Bell County Vada Sutton County Clerk Belton, Texas 76513 Instrument Number: 2006-00051443 As Recordings SAVANNAH HEIGHTS PH2 Recordings 26.00 Total Recording: 26.00 (Parties listed above are for Clerks reference only) Billable Pages: 4 Number of Pages: 5 File Information: Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
Document Number: 2006-00051443 Receipt Number: 1258 Recorded Date/Time: November 01, 2006 03:46:46P Book-Vol/Pg: BK-RP VL-6243 PG-670
e of color or race is invalid and unenforceable under federal law.
Document Number: 2006-00051443 Receipt Number: 1258 Recorded Date/Time: November 01, 2006 03:46:46P Book-Vol/Pg: BK-RP VL-6243 PG-670 User / Station: E Melissa - Cash Station 2 Record and Return To: CITY OF KILLEEN PO BOX 1329 PLANNING DEPARTMENT KILLEEN TX 76540 Vida Sitta COUNTY CLERK BELL COUNTY, TEXAS DEDICATION KNOW ALL MEN BY THESE PRESENTS: 00051443 STATE OF TEXAS COUNTY OF BELL That W&B Development, Ltd., Cleo Bay and, Glennys Bay, being the sole owners of that certain 59.42 acres of land shown and attached hereto and incorporated herein for all purposes, does hereby subdivide the herein described property into lots and blocks, according to the plat hereof, to be known as Savannah Heights, Phase II, to the City of Killeen, Bell County, Texas, as shown by the plat attached hereto and approved by the City Council of the City Of Killeen, Bell County, Texas, and W&B Development, Ltd., Cleo Bay and, Glennys Bay, do hereby adopt said Savannah Heights, Phase II, as an addition to the City of Killeen, Bell County, Texas, and for the purpose of selling lots and blocks of land with reference thereto and for the property development of said land by its owners and for all other purposes; and does hereby dedicate to the City of Killeen, all streets, avenues, roads, drives, alleys, and associated potable water, sanitary sewer, and storm sewer systems as shown on said plat, and final construction drawings the same to be used as public thoroughfares and public utilities when and as authorized by the City of Killeen, Bell County, Texas, The utility easements shown on said plat are dedicated to the City of Killeen for
e used as public thoroughfares and public utilities when and as authorized by the City of Killeen, Bell County, Texas, The utility easements shown on said plat are dedicated to the City of Killeen for installation and maintenance of any and all public utilities, which the city may elect to install and maintain or permit to be installed or maintained.
WITNESS the execution hereof, on this 16t day of March, 2006 For: W&B Development, Ltd.
By: G. W. Development, Inc.
General Partner Bruce Whitis, Vice President & Secretary-Treasurer ElBay Cleo Bay, Owner Before me, the undersigned authority, on the 16th day of Mango Bay Glennys Bay, Owner March 2006, personally appeared Bruce Whitis known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that he executed the foregoing instrument as the owner of the property described hereon.
.
NOTARY PUBLIC STATE OF TEXAS My commission Expires: 10-29-08 Before me, the undersigned authority, on the te 16' NOTARY PUBLIC STATE OF TEX ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 10-29-2008 March 2006, personally day of March appeared Cleo Bay known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that he executed the foregoing instrument as the owner of the property described hereon.
NOTARY PUBLIC ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS NOTARY PUBLIC STATE OF TEXAS My commission Expires: 10-29-08 TATE OF TEXAS MY COMM. EXP. 10-29-2008 女 Before me, the undersigned authority, on the 16 day of March 2006, personally appeared Glennys Bay known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that he executed the foregoing instrument as the
2006, personally appeared Glennys Bay known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that he executed the foregoing instrument as the owner of the property described hereon.
.
NOTARY PUBLIC STATE OF TEXAS.
My commission Expires: 10.29.08 RY PUBLIC TEXAS OFTEN ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 10-29-2008 FIELD NOTES BELL COUNTY, TEXAS Being all that certain tract or parcel of land situated in and being out of the Robert Cunningham Survey, A-158, Bell County, Texas, being a part of the called 122.232 acre tract described in deed to Cleo Bay and Glennys Bay in Volume 1721, Page 889, Deed Records, Bell County, Texas, and all of the called 50.00 acre tract described in deed to Cleo Glenn Ltd in Volume 4123, Page 540, Deed Records, Bell County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch rod found at a fence corner post found for the northeast corner of said 50.00 acre tract and said 122.323 acre tract, the southeast corner of the called 2.153 tract in deed to Cleo Glenn Ltd in Volume 4123, Page 540, Deed Records, Bell County, Texas, and the northeast corner of A 6.108 acre Permanent Utility Easement described in deed to the City of Killeen, Texas, in Volume 5888, Page 732, Official Public Records of Bell County, Texas, THENCE S 20°58'00" E, along the east line of said 50.00 acre tract and east line of this, at 1597.16 feet passing a ½ inch iron rod marked “1852-Corner” found for the southeast corner of said 50.00 acre tract, continuing a total distance of 1800.10 feet to a ½ inch iron rod marked “1852-Corner” found for the southeast corner of the herein described tract; THENCE S 69°39'23" W-419.99 feet to a point,
tract, continuing a total distance of 1800.10 feet to a ½ inch iron rod marked “1852-Corner” found for the southeast corner of the herein described tract; THENCE S 69°39'23" W-419.99 feet to a point, THENCE S 20°58'14" E - 56.69 feet to a point at the beginning of a curve to the right, THENCE along the curve 74.51 feet that has a radius of 260.01 feet and a chord that bears S 12°45'21" E-74.26 feet to a point.
THENCE S 04°32'45" E-448.23 feet to a point at the beginning of a curve to the right, THENCE along the curve 158.51 feet that has a radius of 482.31 feet and a chord that bears S 04°52'09" W – 157.80 feet to a point.
THENCE S 14°17'03" W - 50.65 feet to a point at the beginning of a curve to the left, THENCE along the curve 106.54 feet that has a radius of 99.99 feet and a chord that bears S 16°14'24" E-101.57 feet to a point.
THENCE S 46°45'51" E - 72.35 feet to a point at the beginning of a compound curve to the right, THENCE along the curve 161.36 feet that has a radius of 342.35 feet and a chord that bears S 33°15'43" E - 159.87 feet to a point.
THENCE along the curve 107.87 feet that has a radius of 161.63 feet and a chord that bears S 00°38'24" E- 105.88 feet to a point.
THENCE S 18°28'48" W - 190.39 feet to a point at the beginning of a curve to the left, THENCE along the curve 130.82 feet that has a radius of 189.99 feet and a chord that bears S 01°14'42" E- 128.25 feet to a point.
THENCE S 20°58'11" E-668.61 feet to a point on the south line of said 122.323 acre tract and the north margin of Stagecoach Line Road, THENCE S 70°13'25" W - 60.01 feet along the south line of said 122.323 acre tract and the north margin of Stagecoach Line Road to a point for corner, THENCE N 20°58'11" W-667.36 feet to a point at the beginning of a curve to the right,
long the south line of said 122.323 acre tract and the north margin of Stagecoach Line Road to a point for corner, THENCE N 20°58'11" W-667.36 feet to a point at the beginning of a curve to the right, THENCE along the curve 172.13 feet that has a radius of 249.99 feet and a chord that bears N 01°14'42" W - 168.75 feet to a point, THENCE N 18°28'48" E- 190.39 feet to a point at the beginning of a curve to the left, THENCE along the curve 67.83 feet that has a radius of 101.63 feet and a chord that bears N 00°38'23" W - 66.58 feet to a point for the beginning of a compound curve to the left, Page 1 of 2 THENCE along the curve 133.08 feet that has a radius of 282.35 feet and a chord that bears N 33°15'43" W - 131.85 feet to a point, THENCE N 46°45'51" W – 72.35 feet to a point at the beginning of a curve to the right, THENCE along the curve 170.47 feet that has a radius of 159.99 feet and a chord that bears N 16°14'24" W - 162.52 feet to a point, THENCE N 14°17'03" E - 50.65 feet to a point at the beginning of a curve to the left, THENCE along the curve 138.79 feet that has a radius of 422.31 feet and a chord that bears N 04°52'09" E- 138.17 feet to a point, THENCE N 04°32'45" W-448.23 feet to a point at the beginning of a curve to the left, THENCE along the curve 57.31 feet that has a radius of 200.01 feet and a chord that bears N 12°45'19" W - 57.12 feet to a point, THENCE N 20°58'14" W - 57.34 feet to a point, THENCE S 69°39'23" W - 883.56 feet to a ½ inch iron rod marked "1852-Corner" found in the west line of said 122.323 acre tract and the east line of Deerwood Estates, an addition to the city of Killeen, Texas, of record in Cabinet C, Slide 355-C, Bell County Plat Records, and being the southwest corner of the herein described tract;
e east line of Deerwood Estates, an addition to the city of Killeen, Texas, of record in Cabinet C, Slide 355-C, Bell County Plat Records, and being the southwest corner of the herein described tract; THENCE N 20°58'26" W, along the west line of said 122.323 acre tract and east line of said Deerwood Estates, at 202.94 feet passing a ½ inch iron rod marked "1852-Corner” found for the southwest corner of said 50.00 acre tract, continuing along the west line of said 50.00 acre tract, west line of said 122.323 acre tract, and east line of said Deerwood Estates a total distance of 1800.11 feet to an iron rod marked "MAssociates, Killeen" found in the south line of Rosewood Addition, an addition to the city of Killeen, Texas, of record in Cabinet C, Slide 92-C, Bell County Plat Records, same being the northeast corner of said Deerwood Estates, northwest corner of said 122.323 acre tract, northwest corner of said 50.00 acre tract, and northwest corner of the herein described tract: THENCE N 69°39'23" E, along the said south of Rosewood Addition, north line of said 122.323 acre tract, north line of said 50.00 acre tract, at 1303.84 feet passing a 3/8 inch iron rod found for the southwest corner of said 2.153 acre tract, continuing for a total distance of 1363.79 feet to the PLACE OF BEGINNING and containing 59.42 acres of land, more or less.
SURVEYOR'S NOTES: The bearings noted herein are based on true north by global positioning satellite observations.
315-06 A. W. Kessler, RPLS STATE OF TEXAS A. W. KESSLER AND 1852 SURVEY Page 2 of 2 RESOLUTION STATE OF TEXAS COUNTY OF BELL CITY OF KILLEEN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KILLEEN APPROVING THE SUBDIVISION AND DEDICATION OF SAVANNAH HEIGHTS, PHASE II, TO THE CITY OF
RESOLUTION STATE OF TEXAS COUNTY OF BELL CITY OF KILLEEN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KILLEEN APPROVING THE SUBDIVISION AND DEDICATION OF SAVANNAH HEIGHTS, PHASE II, TO THE CITY OF KILLEEN, BELL COUNTY, TEXAS, ACCORDING TO THE PLAT HEREOF FILED WITH THE CITY SECRETARY OF THE CITY OF KILLEEN AND HEREBY APPROVED.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KILLEEN: SECTION I. THAT THE ACTION OF W & B DEVELOPMENT, BEING THE SOLE OWNER(S) IN THE PLAT OF SAVANNAH HEIGHTS, PHASE II TO THE CITY OF KILLEEN, BELL COUNTY, TEXAS, IS IN ALL THINGS APPROVED BY THE CITY COUNCIL OF THE CITY OF KILLEEN, AS MEETING ALL THE REQUIREMENTS AND PROVISIONS OF ARTICLE 974A AS REVISED OF THE STATUTES OF THE STATE OF TEXAS. AND ALL THE REQUIREMENTS AND PROVISIONS OF THE ORDINANCES OF SAID CITY.
SECTION II. BE IT FURTHER RESOLVED THAT THE LOTS AND BLOCKS IN THE PLAT OF SAVANNAH HEIGHTS, PHASE II, FULLY SHOWN ON THE PLAT ON FILE WITH THE CITY SECRETARY OF THE CITY OF KILLEEN WHICH PLAT IS HEREBY APPROVED AS CONSTITUTING THE LOTS, BLOCKS, STREETS, AVENUES, UTILITIES AND EASEMENTS OF THE SAID PLAT OF SAVANNAH HEIGHTS, PHASE II, TO THE CITY OF KILLEEN, BELL COUNTY, TEXAS.
PASSED AND APPROVED ON THIS 25 CITY Paula M EEN ......
* EXAS ÅTTEST: CITY SECRETARY A. Miller 2006 A.D.
Simothy L. Hancock DAY OF April MAYOR, CITY OF KILLEEN BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS DAY PERSONALLY APPEARED Timothy L. Hancock AND Paula KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT THE SAME WAS THE ACT OF THE SAID CITY OF KILLEEN, TEXAS, AND THAT THEY EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND dctobersten A.D.
I, TARY EXAS
THAT THE SAME WAS THE ACT OF THE SAID CITY OF KILLEEN, TEXAS, AND THAT THEY EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED.
GIVEN UNDER MY HAND AND dctobersten A.D.
I, TARY EXAS OF TEXA VICKI J. WANKEN Notary Public STATE OF TEXAS My Commission Expires 07/18/2007 Paula A. Miller SEAL OF OFFICE THIS 30 H DAY OF Franken NOTARY PUBLIC STATE OF TEXAS MY COMMISSION EXPIRES 7-18-07 CITY SECRETARY OF THE CITY OF KILLEEN, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING RESOLUTION WAS PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KILLEEN, AT A REGULAR MEETING DULY HELD AT WHICH A QUORUM WAS PRESENT ON THE 25 DAY OF April CITY 2006 OF A.D.
KILLEEN CITY SECRETARY CITY OF KILLEEN * KILL * TEXAS Cabinet D Slide 148-B&C 70 2007 00001255 Recorded On: January 08, 2007 Bell County Shelley Coston County Clerk Belton, Texas 76513 Instrument Number: 2007-00001255 As Recordings Parties: W & B DEVELOPMENT LTD To SAVANNAH HEIGHTS SECTION 62 Comment: Recordings 58.00 Total Recording: 58.00 (Parties listed above are for Clerks reference only) Billable Pages: 12 Number of Pages: 13 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 2007-00001255 Receipt Number: 4221 Recorded Date/Time: January 08, 2007 11:50:01A User / Station: E Melissa - Cash Station 2 Record and Return To: FIRST COMMUNITY TITLE 4613 S 31ST TEMPLE TX 76502 I hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Volume and Page of the named records in Bell County, Texas
4613 S 31ST TEMPLE TX 76502 I hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Volume and Page of the named records in Bell County, Texas Any provision herein which restricts the sale, rental or use of the described Real Estate because of color or race is invalid and unenforceable under Federal law.
Shelley Coston Bell County Clerk Dudley Coston DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Savannah Heights, Section Two THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BELL § FCI Temple For DR Horton 858.00 00001255 THAT WHEREAS, W & B Development, Ltd., ("Declarant") is the sole owner of certain real property located in Bell County, Texas, as more particularly described as Savannah Heights Subdivision, a subdivision of record in Bell County, Texas, according to the map or plat of record in Cabinet D, Slides 25D,26A,26, Plat Records of Bell County, Texas, WHEREAS, Declarant desires to convey the Property subject to certain protective covenants, conditions, restrictions, liens, and charges hereinafter set forth; and WHEREAS, Declarant desires to create and carry out a uniform plan for the improvement, development, and sale of the Property for the benefit of the present and future owners of the Property.
NOW, THEREFORE, it is hereby declared: (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to
shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed.
ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01. Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to these restrictions to review and approve plans for the construction of Improvements upon the Property.
1.02.
Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and regulations adopted by the Architectural Committee, as the same are amended from time to time.
1.03.
Articles. "Articles" shall mean the Articles of Incorporation of Savannah Heights Subdivision Owners Association, Inc., which may be filed in the office of the Secretary of State of the State of Texas, if the Association is formed, and as the same are from time to time amended.
1.04. Assessment. "Assessment" or "Assessments" shall mean assessment(s) levied by the Association under the terms and provisions of this Declaration.
1.05. Association. "Association" shall mean and refer to Savannah Heights Subdivision Owners
nts" shall mean assessment(s) levied by the Association under the terms and provisions of this Declaration.
1.05. Association. "Association" shall mean and refer to Savannah Heights Subdivision Owners Association, Inc., a Texas non-profit corporation, which may be created pursuant to Section 6.01 of the Declaration.
1.06.
Association Rules. "Association Rules" shall mean the rules and regulations adopted by the Board as the same may be amended from time to time.
1.07.
1.08.
Board. "Board" shall mean the Board of Directors of the Association.
Bylaws. "Bylaws" shall mean the Bylaws of the Association, which may be adopted by the Board, as the same are from time to time amended.
1.09. Common Area and Facilities. "Common Area and Facilities" shall mean Lots and other properties, if any, designated by Declarant and conveyed to the Association, if formed, along with any areas within public right-ofways or easements that the Board deems necessary or appropriate to maintain for the common benefit of the Owners.
Common Area and Facilities may be designated by Declarant and dedicated or otherwise conveyed to the Association, if formed, the Owners, or to any public agency, authority or utility from time to time and at any time. If and at the time Declarant annexes additional real property to the Property in accordance with Section 2.02 hereof, additional Common Area and Facilities may be designated.
1.10. Declarant. "Declarant" shall mean, W & B Development, Ltd., a Texas limited partnership ("Declarant"), its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property TDT Savannah Heights Page 1 12/5/2006
rs or assigns; provided that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property TDT Savannah Heights Page 1 12/5/2006 without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder.
1.11.
1.12.
1.13 Declaration. "Declaration" shall mean this instrument as it may be amended from time to time.
Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
Living Unit.
garage serving same.
"Living Unit" shall mean and refer to a single-family residence and the attached 1.14. Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on the Plat of the Subdivision, together with all Improvements located thereon.
1.15. Member. "Member" or "Members" shall mean any person(s), entity or entities holding membership rights in the Association.
1.16. Mortgage. "Mortgage" or "Mortgages" shall mean any mortgage(s) or deed(s) of trust covering any portion of the Property given to secure the payment of a debt.
1.17.
Mortgages.
Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or
deed(s) of trust covering any portion of the Property given to secure the payment of a debt.
1.17.
Mortgages.
Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or 1.18. Owner. "Owner" or "Owners" shall mean the person(s), entity or entities, including Declarant, holding a fee simple interest in any portion of the Property, but shall not include the Mortgagee of a Mortgage.
1.19.
Person. "Person" or "Persons" shall mean any individual(s), entity or entities having the legal right to hold title to real property.
1.20. Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement.
1.21. Plat. "Plat" shall mean the subdivision plat of Savannah Heights Subdivision, a subdivision of record in Cabinet D, Slides 25D,26A, 26, Plat Records of Bell County, Texas, as the same may be amended from time to time.
1.22. The Restrictions. The "Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with the Architectural Committee Rules, the Association Rules, and the Articles and Bylaws, if any.
1.23. Subdivision. "Subdivision" shall mean Savannah Heights subdivision, a subdivision in Bell County, Texas, according to the Plat.
2.01.
ARTICLE II DEVELOPMENT OF THE PROPERTY
s and Bylaws, if any.
1.23. Subdivision. "Subdivision" shall mean Savannah Heights subdivision, a subdivision in Bell County, Texas, according to the Plat.
2.01.
ARTICLE II DEVELOPMENT OF THE PROPERTY Development by Declarant. Declarant may divide or subdivide the Property into several areas, develop some of the Property, and, at Declarant's option, sell any portion of the Property free of these restrictions.
2.02.
Addition of Land. Declarant may, at any time and from time to time, add land to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein shall apply to the added land, and the rights, privileges, duties, and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as with respect to the lands originally covered by this Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Official Records of Real Property of Bell County, Texas, a notice of addition of land containing the following provisions: (A) A reference to this Declaration, which reference shall state the book and page numbers of the Official Records of Real Property of Bell County, Texas, wherein this Declaration is recorded; (B) A statement that the provisions of this Declaration shall apply to the added land; and (C) A legal description of the added land.
TDT Savannah Heights Page 2 12/5/2006 ARTICLE III GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 3.01. Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests
d, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 3.01. Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole, all without the approval of the Architectural Committee.
3.02.
Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property, which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes.
3.03.
Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon.
3.04. Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.
3.05.
Noise/Nuisances. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any of the Property. No
. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. No exterior lighting of any sort shall be installed or maintained on a lot where the light source is offensive or a nuisance to neighboring property (except reasonable security or landscape lighting that has the approval of the Architectural Committee.
3.06. Animals Household Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Property. No Owner may keep on such Owner's Lot more than four (4) cats and dogs, in the aggregate, not more than two (2) of which may be dogs. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Committee, shall be of
e clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.
3.07.
Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants. Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or appropriately screened from view. Each Owner shall contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity.
3.08. Maintenance/Mowing. Each Owner shall keep all shrubs, trees, grass, and plantings of every kind on such Owner's Lot cultivated, pruned, free of trash, and other unsightly material. All Improvements upon any Lot shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner of such Lot.
Declarant, the Association, and the Architectural Committee shall have the right at any reasonable time to enter upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary; to paint, repair, or otherwise maintain any Improvements in need thereof; and to charge the cost thereof to the Owner of the Lot in the
te shrubs, trees, grass, or other plantings as deemed necessary; to paint, repair, or otherwise maintain any Improvements in need thereof; and to charge the cost thereof to the Owner of the Lot in the same manner as provided for the Association in Section 6.05(E) hereof.
3.09. Antennae. No exterior radio or television antenna or aerial or satellite dish receiver which is visible from any other Lot or the street shall be erected or maintained on any Lot without obtaining the prior written consent of the Architectural Committee. The foregoing notwithstanding, in the event the absolute prohibition of such antenna or receivers is invalidated or held to be unenforceable in any respect, then no exterior radio or television antenna, satellite dish or similar device shall be permitted to be erected or placed on any Lot unless the same is screened from view from adjoining Lots, streets and other portions of the Subdivision.
3.10. Signs. No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Architectural Committee, except for (i) signs which are part of Declarant's overall marketing or construction plans or activities for the Property and (ii) one (1) sign of not more than five (5) square feet, advertising any property within the Subdivision for sale or rent. All merchandising, advertising and sales programming shall be subject to the approval of the Architectural Committee.
TDT Savannah Heights Page 3 12/5/2006 3.11.
Water, Sewage Systems/Tanks. The Architectural Committee shall have the right to approve the location of any tank used or proposed in connection with a single family residential structure, including tanks for storage
stems/Tanks. The Architectural Committee shall have the right to approve the location of any tank used or proposed in connection with a single family residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot. All tanks shall be screened so as not to be visible from any other portion of the Property. No individual water supply systems or sewage disposal system shall be permitted on any Lot, including but not limited to, water wells, cesspools or septic tanks.
3.12. Temporary Structures. No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the prior written approval of the Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained with the prior approval of Declarant, approval to include the nature, size, duration, and location of such structure. Notwithstanding any provision in this Declaration to the contrary, an Owner shall be permitted, without Architectural Committee approval, to erect one (1) outbuilding on the Owner's Lot if (i) the surface area of the pad on which the outbuilding is placed is less than or equal to eighty (80) square feet, (ii) the height of the outbuilding, measured from the surface of the Lot to the highest portion of the outbuilding is less than or equal to six (6) feet, (iii) the outbuilding is constructed within an area completely enclosed by a privacy fence of not less
rface of the Lot to the highest portion of the outbuilding is less than or equal to six (6) feet, (iii) the outbuilding is constructed within an area completely enclosed by a privacy fence of not less than six (6) feet in height, (iv) the exterior of the outbuilding is constructed of the same or substantially similar materials as the exterior of any residence located on the Lot, and (v) the outbuilding is constructed within building setback lines in accordance with applicable building codes of the governmental entity having jurisdiction over the Property. The Architectural Committee shall be entitled to determine, in its sole and absolute discretion, whether an outbuilding constructed on any Lot complies with the foregoing requirements relating to size, height, fence enclosure and construction materials.
3.13. Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares.
Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, all-terrain vehicles, motor scooters, sports equipment (such as volleyball nets, soccer goals or portable basketball goals) and garden maintenance equipment shall be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the
inor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the Architectural Committee, to house all vehicles to be kept on the Lot. Lot Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventytwo (72) hours. No automobiles or other above-mentioned articles or vehicles may be parked overnight on any roadway within the Property. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. No (i) racing vehicles or (ii) other vehicles (including, without limitation, motorcycles or motor scooters) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lot or to be parked on any roadway within the Subdivision. No commercial vehicles larger than a standard three-quarter (3/4) ton pickup truck or standard two-axle passenger van shall be permitted to remain on any Lot or to be parked on any roadway within the Subdivision.
3.14.
Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot or used as a residence, either temporary or permanent, at any time, and no motor homes, travel trailers
Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot or used as a residence, either temporary or permanent, at any time, and no motor homes, travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or from public or private thoroughfares at any time.
3.15. Compliance with the Restrictions. Each Owner shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Declarant, the Architectural Committee, the Board on behalf of the Association, an aggrieved Owner, or, if applicable, the Municipal Utility District having jurisdiction over the Property.
3.16. Liability of Owners for Damage to Common Area and Facilities. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area and Facilities without the prior written approval of the Board. Each Owner shall be liable to the Declarant, or the Association, the Owners, or any public agency, authority, or utility, if the Common Area and Facilities have been dedicated or otherwise conveyed to any such party, for any and all damages to (i) the Common Area and Facilities, or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by any such party, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, or by any tenant or other occupant of such Owner's Lot, or any guest or
been assumed by any such party, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, or by any tenant or other occupant of such Owner's Lot, or any guest or invitee of such Owner. The full cost of all repairs of such damage shall be an Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided for in Section 8.06 hereof, including, but not limited to foreclosure of such lien.
3.17. No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms, or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
TDT Savannah Heights Page 4 12/5/2006 ARTICLE IV USE AND CONSTRUCTION RESTRICTIONS 4.01. Approval for Construction. No Improvements shall be constructed upon any Lot without the prior written approval of the Architectural Committee.
4.02. Use. All Lots, unless dedicated to the Association as Common Area and Facilities, shall be improved and used solely for single family residential use, inclusive of an attached private garage for not more than three (3) cars, fencing and such other Improvements as are necessary or customarily incident to residential use. Unless a Lot (or Lots)
l use, inclusive of an attached private garage for not more than three (3) cars, fencing and such other Improvements as are necessary or customarily incident to residential use. Unless a Lot (or Lots) has (or have) been specifically developed for attached single-family Living Units, all Lots shall be used solely for detached single-family residential use. Declarant may utilize the Temporary Office for commercial purposes until the Temporary Office is conveyed. After such conveyance occurs, the Temporary Office shall be used for residential purposes as outlined in this Section 4.02. Builders may use a select number of lots business use for the purpose of marketing, selling and building lots within the subdivision.
4.03. Rentals. Nothing in this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that all rentals must be for terms of at least six (6) months.
4.04. Dwelling Height. No single family dwelling greater than two (2) stories in height may be constructed on any Lot without the prior written approval of the Architectural Committee.
4.05.
Fences and Sidewalks and Sight Line Obstruction. Unless otherwise approved by the Architectural Committee, all fences on Lots shall be six (6) feet in height and shall be constructed with #1 grade cedar pickets and with treated pine or cedar railings and post. Any fence fronting on a Street must be constructed of wood materials and must be six (6) feet in height. The Architectural Committee has the right to deviate its approval for the style and materials to be used based on the location with the Property. It is the intent to maintain visual continuity especially
Architectural Committee has the right to deviate its approval for the style and materials to be used based on the location with the Property. It is the intent to maintain visual continuity especially along Street. In no event shall any fence or wall be erected, placed or altered on a lot nearer to the front street than the front wall of the single family dwelling which is located on the Lot and no hedge may be installed or maintained more than three (3) feet in front of the wall of the single family dwelling which located on the Lot and closest to the front property line of the Lot. The Owner of each Lot shall construct, at its sole cost and expense and prior to occupying any improvement located on the Lot, a sidewalk, located and designed in conformance with the Plat, to the extent the Plat requires a sidewalk on such Owner's Lot. The provision in the foregoing sentence may not be amended or altered without the express written consent of the Planning Department No fence, wall, hedge or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twentyfive (25) feet from the intersection of the street lines or in the case of a rounded property corner, from the intersection of the street line extended; the same sight line limits shall apply on any Lot within ten (10) feet from the intersection of street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
ay or alley pavement. No tree shall be permitted to remain within such distance of such intersections, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
4.06. Dwelling Size; Building Materials. All single-story dwellings shall contain not less than sixteen hundred (1600) square feet of enclosed living space, exclusive of porches (open or covered), decks, garages, and carports. All two-story dwellings shall contain not less than eighteen hundred (1800) square feet of enclosed living space, exclusive of porches (open or covered), decks, garages, and carports. All building materials shall be approved by the Architectural Committee, and only new building materials (except for used brick) shall be used for constructing any Improvements. Exposed metal roof decks which reflect light in a glaring manner such as galvanized steel sheets are specifically prohibited. Other roofing materials may be used with the prior written consent of the Architectural Committee, which may specify a minimum quality or grade of materials. All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall match the color of the surface from which they project, or shall be of a color approved by the Architectural Committee. No highly reflective finishes (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the exterior surfaces of any Improvements.
The masonry requirements for single and two-story dwellings shall be as follows: 4.07.
One-Story Dwellings. The front and sides of the exterior walls of all single
terior surfaces of any Improvements.
The masonry requirements for single and two-story dwellings shall be as follows: 4.07.
One-Story Dwellings. The front and sides of the exterior walls of all single family dwellings shall be constructed of masonry, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors and trim work.
Two-Story Dwellings. The front and sides of the exterior walls of the first floor of all single family dwellings shall be constructed of masonry, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors and trim work.
Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Committee.
4.08. Garbage Containers. The Architectural Committee shall have the right to specify a specific location on each Owner's Lot in which garbage containers must be placed for trash collection service.
TDT Savannah Heights Page 5 12/5/2006 4.09. Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and such provision is approved by the Architectural Committee.
4.10.
Construction Activities. This Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance
ities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event that construction upon any Lot does not conform to usual practices in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the Architectural Committee may contract for or cause such debris to be removed, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
4.11.
Landscaping. The front and side yards of all Lots, from the front wall of the house, shall be fully sodded with St. Augustine, Bermuda, Prairie Buffalo Grass or other sod approved by the Architectural Committee. At least one tree shall be planted in the front yard of each Lot prior to the occupancy EACH OWNER IS ADVISED THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AS TO THE LIFE EXPECTANCY, VITALITY OR FITNESS FOR INTENDED PURPOSES OF ANY TREES OR SHRUBS LOCATED ON A LOT.
ARTICLE V COMMON AREA AND FACILITIES
VISED THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AS TO THE LIFE EXPECTANCY, VITALITY OR FITNESS FOR INTENDED PURPOSES OF ANY TREES OR SHRUBS LOCATED ON A LOT.
ARTICLE V COMMON AREA AND FACILITIES 5.01. Common Area and Facilities. No land within any Common Area and Facilities shall be improved, used or occupied, except in such manner as shall have been approved by Declarant, in its sole and absolute discretion.
Such required approval shall extend to the nature and type of use, occupancy and improvement. Declarant may, by written instrument, delegate its right to grant such approval to the Board. Access to any Common Area and Facilities may be limited to persons currently paying Assessments, fees and other charges, or otherwise conditioned or restricted, or made available to non-owners, all upon such terms and conditions as Declarant may determine, in its sole and absolute discretion.
5.02.
Maintenance. Declarant may, but shall not be obligated to, in its sole discretion, maintain the Common Area and Facilities, if any, at its own cost and expense. If the Association is formed pursuant to Section 6.01 hereof, maintenance of any Common Area and Facilities shall be governed by Section 6.06 hereof and Assessments may be levied upon the Owners pursuant to Article VIII hereof. Under no circumstances shall Declarant be liable to the Owners, the Association, if any, or to any other person for maintaining or failing to maintain the Common Area and Facilities.
5.03. Condemnation. If all or any part of the Common Area and Facilities is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), Declarant, or the
f all or any part of the Common Area and Facilities is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), Declarant, or the Association, if applicable, shall be entitled to participate in the proceedings incident thereto. The expense of participation in such proceedings by the Association shall be a common expense to be paid out of Assessments. The Association is specifically authorized to obtain and to pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association, in its discretion, deems necessary or advisable to aid it in any matters relating to such proceedings. All damages or awards for any such taking shall be the property of Declarant, or, if applicable, deposited with the Association. The Association, if applicable, in addition to the general powers set out herein, shall have the sole authority to determine whether to contest or defend any such proceedings, to make any settlement with respect thereto or to convey such property to the condemning authority in lieu of condemnation.
ARTICLE VI THE ASSOCIATION 6.01. OPTIONAL ASSOCIATION. THE PROVISIONS CONTAINED IN THIS ARTICLE VI AND RELATED PROVISIONS ELSEWHERE IN THIS DOCUMENT SHALL ONLY BE OPERATIVE IN THE EVENT DECLARANT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CREATE A HOMEOWNERS ASSOCIATION TO ASSUME THE DUTIES AND POWERS PRESCRIBED BY LAW AS SET FORTH IN THIS DECLARATION. ON THE EFFECTIVE DATE OF THIS DOCUMENT, DECLARANT DOES NOT CONTEMPLATE CREATING THE ASSOCIATION AND SHALL HAVE NO OBLIGATION TO DO SO. THIS ARTICLE VI AND THE PROVISIONS EXPRESSLY RELATED TO THIS ARTICLE VI SHALL HAVE NO
E OF THIS DOCUMENT, DECLARANT DOES NOT CONTEMPLATE CREATING THE ASSOCIATION AND SHALL HAVE NO OBLIGATION TO DO SO. THIS ARTICLE VI AND THE PROVISIONS EXPRESSLY RELATED TO THIS ARTICLE VI SHALL HAVE NO LEGAL OR OTHER EFFECT UNLESS AND UNTIL (1) DECLARANT ELECTS TO CREATE THE ASSOCIATION AS EVIDENCED BY THE DECLARANT'S INCORPORATION OF THE ASSOCIATION AND ISSUANCE OF ARTICLES OF INCORPORATION BY THE SECRETARY OF STATE OF TEXAS, OR (2) DECLARANT ACCEPTS, WHICH ACCEPTANCE SHALL BE IN DECLARANT'S SOLE AND ABSOLUTE TDT Savannah Heights Page 6 12/5/2006 DISCRETION, A PETITION IN RECORDABLE FORM SIGNED BY A MAJORITY OF OWNERS (EXCLUDING DECLARANT) OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE. IN THE EVENT DECLARANT ELECTS TO ACCEPT THE PETITION PURSUANT TO SECTION 6.01(2) ABOVE, DECLARANT SHALL INCUR NO EXPENSE RELATED TO THE INCORPORATION OR ORGANIZATION OF THE ASSOCIATION. HOWEVER, ANY ASSOCIATION CREATED SUBSEQUENT TO DECLARANT'S ACCEPTANCE OF THE PETITION PURSUANT TO SECTION 6.01(2) ABOVE, SHALL BE EMPOWERED TO REIMBURSE ALL REASONABLE INCORPORATION AND ORGANIZATION EXPENSES ADVANCED BY ANY MEMBER. IN THE EVENT DECLARANT NO LONGER OWNS ANY PORTION OF THE PROPERTY ENCUMBERED BY THIS DECLARATION, A MAJORITY OF OWNERS OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE, MAY ELECT TO CREATE AN ASSOCIATION, AND DECLARANT'S ACCEPTANCE PURSUANT TO SECTION 6.01(2) SHALL NOT BE NECESSARY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, DECLARANT SHALL BE UNDER NO OBLIGATION TO CREATE A HOMEOWNER'S ASSOCIATION.
6.02. Organization. Any Association formed pursuant to Section 6.01 shall be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles
ssociation formed pursuant to Section 6.01 shall be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
6.03. Membership. If the Association is formed, any Person who is or who becomes an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the ownership of the Lot which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the Lot.
6.04. Voting Rights. There shall be two classes of membership for the purpose of voting on any Association matter. The Class A Members shall include each Owner (excluding Declarant) of a Lot within the Property and each such Owner shall have one (1) vote for each Lot owned. The Class B Member shall be the Declarant and Declarant shall have three (3) votes for each Lot owned by Declarant. The Class B Membership shall convert to a Class A Membership upon the earlier to occur of (i) Declarant owns less than twenty-five percent (25%) of the Property, or (ii) ten (10) years from the date of this Declaration.
6.05.
Powers and Authority of the Association. The Association shall have the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or
h limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration. Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows: (A) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and reenact the Association Rules and Bylaws. The content of the Association Rules and Bylaws may be established by the Board, provided the same are not in conflict with this Declaration.
(B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
(C) Records. To keep books and records of the Association's affairs.
(D) (E) (F) 6.06.
Assessments. To levy Assessments as provided in Article VIII below. An Assessment is defined as that sum which must be levied in the manner and against the property set forth in Article VIII hereof in order to raise the total amount for which the levy in question is being made.
Right of Entry and Enforcement. To enter at any time in an emergency or in a non-emergency, after twenty-four (24) hours written notice, without being liable to any Owner, upon any Lot and into any Improvement thereon, for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, and the expense
provement thereon, for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered upon and the Improvements thereon, and shall be enforced in the same manner and to the same extent as provided in Article VIII hereof for regular Assessments. The Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens, and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringing suit against Declarant, its successors, or assigns.
Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
Common Area and Facilities. Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have the following duties: TDT Savannah Heights Page 7 12/5/2006 (A) (B) (C) 7.01.
To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or
through the Board, shall have the following duties: TDT Savannah Heights Page 7 12/5/2006 (A) (B) (C) 7.01.
To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for whatever purpose which may be located in said areas; and to accept, own, operate and maintain all other property, real or personal, conveyed or leased to the Association by Declarant and to maintain in good repair and condition all lands, improvements and other Association property owned by or leased to the Association. Such maintenance shall include, but not be limited to, painting, mowing and removal of rubbish or debris of any kind.
To pay all real and personal property taxes and other taxes and Assessments levied upon or with respect to Common Area and Facilities or any other property owned by or leased to the Association to the extent that such taxes and Assessments are not levied directly upon the Members of the Association. The Association shall have all rights granted by law to contest the legality of the amount of such taxes and Assessments.
To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or death caused by the use and enjoyment of the Common Area and Facilities. Such insurance shall be in an amount as the Board shall deem appropriate.
ARTICLE VII ARCHITECTURAL COMMITTEE Membership of Architectural Committee. The Architectural Committee shall consist of not more than three (3) voting Members ("Voting Members"), and such additional nonvoting Members serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the
"Voting Members"), and such additional nonvoting Members serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting Members of the Architectural Committee: Bruce Whitis and Charles M. Carr.
7.02. Action by Architectural Committee. Items presented to the Architectural Committee shall be decided by a majority vote of the Voting Members.
7.03.
Advisory Members. The Voting Members may from time to time designate Advisory Members.
7.04. Term. Each Voting Member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. In the event of death or resignation of any Voting Member, the remaining Voting Member or Voting Members shall have full authority to act until a replacement Voting Member or Voting Members have been designated.
7.05. Declarant's Rights of Appointment. Declarant, its successors or assigns shall have the right to appoint and remove all Voting Members of the Architectural Committee. Declarant may delegate this right to the Board by written instrument. Thereafter, the Board shall have the right to appoint and remove all Voting Members of the Architectural Committee.
7.06.
Adoption of Rules. The Architectural Committee may adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties, including but not limited to, a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable.
7.07.
Review of Proposed Construction. Whenever in this Declaration the approval of the Architectural
code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable.
7.07.
Review of Proposed Construction. Whenever in this Declaration the approval of the Architectural Committee is required, it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts which, in its sole discretion, are relevant. Except as otherwise specifically provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the Architectural Committee, and construction thereof may not commence unless and until the Architectural Committee has approved such Plans and Specifications in writing. The Architectural Committee shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration, and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Architectural Committee. The Architectural Committee may review Plans and Specifications submitted for its review and such other information as it deems proper. Until receipt by the Architectural Committee of any information or documents deemed necessary by the Architectural Committee, it may postpone review of any Plans and Specifications submitted for approval. No Improvement shall be allowed upon any Lot which would unreasonably obstruct the view from any other portion of the Property, and no Improvement shall be
s and Specifications submitted for approval. No Improvement shall be allowed upon any Lot which would unreasonably obstruct the view from any other portion of the Property, and no Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such landscaping, color schemes, exterior finishes, and materials and similar features as to be incompatible with development within the Property and the surrounding area. The Architectural Committee shall have the authority to disapprove any proposed Improvement based upon the restrictions set forth in the preceding sentence and the decision of the Architectural Committee shall be final and binding so long as it is made in good faith. The Architectural Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness, or conformance with building or other codes.
7.08.
Variance. The Architectural Committee may grant variances from compliance with any of the provisions of this Declaration, when, in the opinion of the Architectural Committee, in its sole and absolute discretion, such variance will not impair or detract from the high quality development of the Property and such variance is justified due to unusual or aesthetic considerations or unusual circumstances. Anything herein to the contrary notwithstanding, TDT Savannah Heights Page 8 12/5/2006 the Architectural Committee is hereby authorized, at its sole discretion, to waive any requirements relating to garages (including size), carports, dwelling size, masonry requirements, fences and setbacks and such decision shall be binding
uthorized, at its sole discretion, to waive any requirements relating to garages (including size), carports, dwelling size, masonry requirements, fences and setbacks and such decision shall be binding on all Owners of Property encumbered by this Declaration. All variances must be evidenced by written instrument in recordable form, and must be signed by at least two (2) of the Voting Members of the Architectural Committee. The granting of such variance shall not operate to waive or amend any of the terms or provisions of the covenants and restrictions applicable to the Lots for any purpose except as to the particular property and the particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions hereof.
7.09. Actions of the Architectural Committee. The Architectural Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Committee. In the absence of such designation, the vote of the majority of all of the members of the Architectural Committee taken without a meeting shall constitute an act of the Architectural Committee. Notwithstanding anything to the contrary, in the event the Architectural Committee fails to respond to a request for approval of Plans and Specifications within thirty (30) days of receipt of all required information, the Architectural Committee shall be deemed to have approved such Plans and Specifications.
7.10. No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans
on, the Architectural Committee shall be deemed to have approved such Plans and Specifications.
7.10. No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.
7.11.
Work in Progress. The Architectural Committee, at its option, may inspect all work in progress to insure compliance with approved Plans and Specifications.
7.12. Address. Plans and Specifications shall be submitted to the Architectural Committee, P.O. Box 10117, Killeen, Texas 76547 Attn: Terri Tepera, or such other address as may be designated from time to time.
7.13. Fees. The Architectural Committee shall have the right to require a reasonable submission fee for each set of Plans and Specifications submitted for its review.
ARTICLE VIII FUNDS AND ASSESSMENTS 8.01.
(A) (B) (C) Assessments.
The Association may from time to time levy Assessments against each improved Lot. The level of Assessments shall be equal and uniform between all improved Lots. For purposes of this section, a lot shall not be considered to be "improved" until a house has been constructed thereon. No Assessments hereunder shall be levied against any unimproved Lots.
Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said
Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date.
Each unpaid Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment fell due, and shall become a vendor's lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
8.02. Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
8.03. Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Restrictions, which shall be limited to the costs incurred pursuant to the powers granted to the Association in Section 6.06 and the cost of enforcing the Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses
sonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. In no event shall the maximum regular annual Assessments per Lot permitted hereunder be increased by more than five percent (5%) per year, unless approved by at least two-thirds of each Class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein. Notwithstanding the foregoing, the TDT Savannah Heights Page 9 12/5/2006 Declarant shall pay assessments at the rate of one-fourth (14) of the regular annual assessments, so long as there is a Class B membership, and Declarant hereby covenants and agrees that in the event that the annual maintenance fund revenues are insufficient to pay the operating expenses of the Association, it shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association. In the alternative,
ng expenses of the Association, it shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association. In the alternative, Declarant shall have the right to pay full Class A assessments on its Lots without relinquishing its Class B status and shall then be excused from the payment of any budget deficits.
8.04.
Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments to enable the Board to carry out the mandatory functions of the Association under the Restrictions, upon the approval of at least two-thirds of the Members at a meeting called for that purpose, by adequate notice, with at least sixty percent (60%) of the Members or their proxies present at said meeting. If sixty percent (60%) of the Members do not attend, a second meeting may be called with the same notice and the quorum needed for said second meeting shall be thirty percent (30%) of the Members or their proxies.
8.05. Owner's Personal Obligation for Payment of Assessments. The regular Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the rate of six percent (6%) per annum on the amount of the Assessment, from the due date thereof, together with all costs and expenses of collection, including reasonable attorneys' fees.
8.06. Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid
of, together with all costs and expenses of collection, including reasonable attorneys' fees.
8.06. Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid shall, together with interest as provided in Section 8.05 hereof and the cost of collection, including attorneys' fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first Mortgage lien of record, securing in either instance sums borrowed for the improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien.
Such power shall be entirely discretionary with the Board and such subordination must be signed by a duly authorized officer of the Association. To evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the office of the County Clerk of Bell County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent
orth from the date that such payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of Assessment lien as provided above, or the Association may institute suit against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorneys' fees incurred. The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey, or otherwise deal with the same. Upon the written request of any Mortgagee, the Association shall report to said Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due.
ARTICLE IX EASEMENTS 9.01. Reserved Easements. All dedications, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions, and related rights, made prior to the Property becoming subject to this Declaration are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein and shall be construed as being adopted in each and every contract, deed, or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property. Declarant reserves the right to make changes in and additions to the said easements and for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any
and additions to the said easements and for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other Person, to grant, dedicate, reserve or otherwise create, at any time or from time to time, easements for public utility purposes (including without limitation, gas, water, electricity, telephone and drainage) in favor of any Person along any front, rear, or side boundary line of any Lot, which said easements shall have a maximum width of ten (10) feet (provided, however, that easements along side yard lot lines shall straddle such lot lines with five (5) feet on each of the adjoining Owner's Lots).
9.02. Installation and Maintenance. There is hereby created an easement upon, across, over, and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including but not limited to, water, wastewater, gas, telephones, and electricity lines and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service line, or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no electrical lines, water lines, or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall
es, water lines, or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall have the right to remove all trees situated within the utility easements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements.
TDT Savannah Heights Page 10 12/5/2006 9.03. Drainage Easements. Each Owner covenants to provide easements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require. Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage easements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent, in any drainage easement, except as approved in writing by the Architectural Committee.
9.04. Surface Areas. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier of any utility service using any easement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants, or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation, or repair of any facility in any such easement area.
9.05.
Common Area and Facilities. Each Owner shall have a non-exclusive easement for use and enjoyment in and to all Common Area and Facilities which shall be appurtenant to and shall pass with title to such Owner's Lot,
d Facilities. Each Owner shall have a non-exclusive easement for use and enjoyment in and to all Common Area and Facilities which shall be appurtenant to and shall pass with title to such Owner's Lot, subject to the following provisions: (A) (B) (C) (D) (E) Right of Association to suspend the Owner's voting rights and right to use the Common Area and Facilities for any period during which an Assessment against such Owner's Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Association; The right of Declarant, or the Association, as applicable, to dedicate or transfer all or any part of the Common Area and Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be deemed reasonable by Declarant, in its sole discretion, or, in the case of the Association, approved by a two-thirds vote of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein; The right of the Association to borrow money for the purpose of improving the Common Area and Facilities and, in furtherance thereof, mortgage the Common Area and Facilities, all in accordance with the Articles and Bylaws; The right of Declarant, or the Association, as applicable, to promulgate reasonable rules and regulations regarding use of the Common Area and Facilities; and The right of Declarant or the Association, as applicable, to contract for services with third parties on such terms as Declarant or the Association may determine.
10.01.
ARTICLE X MISCELLANEOUS Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run
rties on such terms as Declarant or the Association may determine.
10.01.
ARTICLE X MISCELLANEOUS Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until January 1, 2028, unless amended as herein provided. After January 1, 2028, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished as set forth in Section 10.02 below.
10.02.
(A) (B) Amendment/Extinguishment.
By Declarant. So long as no Home Owners Association has been formed pursuant to Section 6.01 hereof, this Declaration may be amended by the Declarant, without the joinder of any other party. No amendment by Declarant shall be effective until there has been recorded in the Official Records of Real Property of Bell County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment.
By Owners. In addition to the method in Section 10.02 (A), this Declaration may be amended or extinguished by the recording in the Official Records of Real Property of Bell County, of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment or extinguishment and certifying that such amendment or extinguishment has been approved by Owners entitled to cast at least ninety percent (90%) of the number of votes entitled to be cast pursuant to Section 6.04 hereof for the first twenty years from the date hereof, and by seventy-five percent (75%) of said Owners thereafter.
10.03. Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may
ty years from the date hereof, and by seventy-five percent (75%) of said Owners thereafter.
10.03. Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either by certified mail, return receipt requested, or personally delivered and a written receipt received therefor. If delivery is made by certified mail, it shall be deemed to have been delivered the date on which it was received by the person to whom such notice was addressed. Such address may be changed from time to time by notice in writing given by such person to the Association.
10.04. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed and governed under the laws of the State of Texas.
TDT Savannah Heights Page 11 12/5/2006 10.05. Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct any and alter drainage patterns and facilities, to construct any and all other types of improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales, and leasing anywhere within the Property.
, to construct any and all other types of improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales, and leasing anywhere within the Property.
10.06. Nonliability of Architectural Committee and Board Members. Neither the Architectural Committee, nor any member thereof, nor the Board, nor any member thereof, shall be liable to the Association or to any Owner or to any other person for any loss, damage, or injury arising out of their being in any way connected with the performance of the Architectural Committee's or the Board's respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Committee or its member or the Board or its member, as the case may be.
. 10.07. Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and duties under this Declaration to any other Person and may permit the participation, in whole or in part, by any other Person in any of its privileges, exemptions, rights, and duties hereunder.
10.08. Enforcement and Nonwaiver. Except as otherwise provided herein, any Owner at his own expense, Declarant, the Board and/or the Municipal Utility District having jurisdiction over the Property shall have the right to enforce all of the provisions of the Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. The failure to enforce any provision of the Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said
such provision. The failure to enforce any provision of the Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions. Declarant, or the Association shall have the right, when appropriate in its judgment, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.
10.09. Construction. The provisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
IN WITNESS WHEREOF, Declarant has executed this Declaration to be effective on the 8th day of December 2006.
DECLARANT: W & B Development, Ltd., By: G.W. Development, Inc.
General Partner By: Bruce Whitis, Vice-President and Secretary-Treasurer STATE OF TEXAS §COUNTY OF Bell§ This instrument was acknowledged before me on the 8th day of December, 2006, by Bruce Whitis, Vice-President and Secretary-Treasurer of G. W. Development, Inc., a Texas Corporation, General Partner of W & B Development, Ltd., on behalf of said corporation and said limited partnership.
AFTER RECORDING, RETURN TO: D.R. Horton Attn: Dale Janda 3515 S.W.H.K. Dodgen Loop
Corporation, General Partner of W & B Development, Ltd., on behalf of said corporation and said limited partnership.
AFTER RECORDING, RETURN TO: D.R. Horton Attn: Dale Janda 3515 S.W.H.K. Dodgen Loop Temple, Texas 76502 Beda Clanton Notary Public, State of Texas HOTAR PUBLIC TDT Savannah Heights Page 12 BRENDA CLANTON Notary Public, State of Texas My Commission Expires 08-20-2007) 12/8/2006 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS Savannah Heights, Section Two Doc# 00026055 RP 06/18/2007 THE STATE OF TEXAS COUNTY OF BELL § § KNOW ALL MEN BY THESE PRESENTS: § 70 2007 00026055 THAT WHEREAS, W & B Development, Ltd. ("Declarant") is the sole owner of certain real property located in Bell County, Texas, as more particularly described as Savannah Heights Subdivision, a subdivision of record in Bell County, Texas, according to the map or plat of record in Cabinet D, Slides 25D,26A,26, Plat Records of Bell County, Texas, WHEREAS, Declarant desires to convey the Property subject to certain protective covenants, conditions, restrictions, liens, and charges, as hereinafter set forth; WHEREAS, Declarant desires to create and carry out a uniform plan for the improvement, development, and sale of the Property for the benefit of the present and future owners of the Property; WHEREAS, in order to effectuate the convenants, conditions, restrictions, liens, charges and uniform plan of improvement, development and sale, Declarant previously executed and recorded that certain Declaration of Covenants, Conditions and Restrictions, Savannah Heights, Section Two, recorded under Document No. 200700001255 of the Real Property Records of Bell County, Texas (the "Original Declaration"); and
f Covenants, Conditions and Restrictions, Savannah Heights, Section Two, recorded under Document No. 200700001255 of the Real Property Records of Bell County, Texas (the "Original Declaration"); and WHEREAS, pursuant to the terms of the Original Declaration, Declarant desires to and does hereby amend and restate the terms and provisions of the Original Declaration, as set forth herein, and this Amended and Restated Declaration of Covenants, Conditions and Restrictions, Savannah Heights, Section Two (the or this "Declaration"), supersedes and replaces the Original Declaration which is void and of no further force or effect.
NOW, THEREFORE, it is hereby declared: (i) that all of the Property shall be held, sold, conveyed, and occupied subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of cach owner thereof; and (ii) that each contract or deed which may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions, and restrictions regardless of whether or not the same are set out or referred to in said contract or deed.
ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01. Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to
ing words and phrases when used in this Declaration shall have the meanings hereinafter specified: 1.01. Architectural Committee. "Architectural Committee" shall mean the committee created pursuant to these restrictions to review and approve plans for the construction of Improvements upon the Property.
1.02. Architectural Committee Rules. "Architectural Committee Rules" shall mean the rules and regulations adopted by the Architectural Committee, as the same are amended from time to time.
1.03. Articles. "Articles" shall mean the Articles of Incorporation of Savannah Heights Subdivision Owners Association, Inc., which may be filed in the office of the Secretary of State of the State of Texas, if the Association is formed, and as the same are from time to time amended.
1.04. Assessment. "Assessment" or "Assessments" shall mean assessment(s) levied by the Association under the terms and provisions of this Declaration.
1.05. Association. "Association" shall mean and refer to Savannah Heights Subdivision Owners Association, Inc., a Texas non-profit corporation, which may be created pursuant to Section 6.01 of the Declaration.
1.06. Association Rules. "Association Rules" shall mean the rules and regulations adopted by the Board as the same may be amended from time to time.
1.07.
Board. "Board" shall mean the Board of Directors of the Association.
TDT Savannah Heights Page 1 6/8/2007 1.08. Bylaws. "Bylaws" shall mean the Bylaws of the Association, which may be adopted by the Board, as the same are from time to time amended.
1.09.
Common Area and Facilities. "Common Area and Facilities" shall mean Lots and other properties, if any, designated by Declarant and conveyed to the Association, if formed, along with any areas within public right-
and Facilities. "Common Area and Facilities" shall mean Lots and other properties, if any, designated by Declarant and conveyed to the Association, if formed, along with any areas within public rightof-ways or casements that the Board deems necessary or appropriate to maintain for the common benefit of the Owners. Common Area and Facilities may be designated by Declarant and dedicated or otherwise conveyed to the Association, if formed, the Owners, or to any public agency, authority or utility from time to time and at any time. If and at the time Declarant annexes additional real property to the Property in accordance with Section 2.02 hereof, additional Common Area and Facilities may be designated.
1.10. Declarant.
"Declarant" shall mean, W & B Development, Ltd., a Texas limited partnership ("Declarant"), its duly authorized representatives or their respective successors or assigns; provided that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant hereunder.
1.11.
1.12.
Declaration. "Declaration" shall mean this instrument as it may be amended from time to time.
Improvement. "Improvement" shall mean every structure and all appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles,
mming pools, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, poles, signs, exterior air conditioning, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers, and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.
Living Unit. "Living Unit" shall mean and refer to a single-family residence and the attached garage serving same.
1.13 1.14. Lot. "Lot" or "Lots" shall mean any parcel or parcels of land within the Property shown as a subdivided lot on the Plat of the Subdivision, together with all Improvements located thereon.
1.15.
Member. "Member" or "Members" shall mean any person(s), entity or entities holding membership rights in the Association.
1.16.
Mortgage. "Mortgage" or "Mortgages" shall mean any mortgage(s) or deed(s) of trust covering any portion of the Property given to secure the payment of a debt.
1.17.
Mortgages.
Mortgagee. "Mortgagee" or "Mortgagees" shall mean the holder or holders of any Mortgage or 1.18. Owner. "Owner" or "Owners" shall mean the person(s), entity or entities, including Declarant, holding a fee simple interest in any portion of the Property, but shall not include the Mortgagee of a Mortgage.
1.19.
Person. "Person" or "Persons" shall mean any individual(s), entity or entities having the legal right to hold title to real property.
1.20. Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to, those indicating
Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including but not limited to, those indicating location, size, shape, configuration, materials, site plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing plans, elevation drawings, floor plans, specifications on all building products and construction techniques, samples of exterior colors, plans for utility services, and all other documentation or information relevant to such Improvement.
1.21. Plat. "Plat" shall mean the subdivision plat of Savannah Heights Subdivision, a subdivision of record in Cabinet D, Slides 25D,26A,26, Plat Records of Bell County, Texas, as the same may be amended from time to time.
1.22.
The Restrictions. The "Restrictions" shall mean this Declaration, as the same may be amended from time to time, together with the Architectural Committee Rules, the Association Rules, and the Articles and Bylaws, if any.
1.23. Subdivision. "Subdivision" shall mean Savannah Heights subdivision, a subdivision in Bell County, Texas, according to the Plat.
ARTICLE II DEVELOPMENT OF THE PROPERTY 2.01. Development by Declarant. Declarant may divide or subdivide the Property into several areas, develop some of the Property, and, at Declarant's option, sell any portion of the Property free of these restrictions.
TDT Savannah Heights Page 2 6/8/2007 2.02.
Addition of Land. Declarant may, at any time and from time to time, add land to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein shall
Declarant may, at any time and from time to time, add land to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions, and obligations set forth herein shall apply to the added land, and the rights, privileges, duties, and liabilities of the persons subject to this Declaration shall be the same with respect to the added land as with respect to the lands originally covered by this Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to record in the Official Records of Real Property of Bell County, Texas, a notice of addition of land containing the following provisions: (A) A reference to this Declaration, which reference shall state the book and page numbers of the Official Records of Real Property of Bell County, Texas, wherein this Declaration is recorded; (B) A statement that the provisions of this Declaration shall apply to the added land; and (C) A legal description of the added land.
ARTICLE III GENERAL RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 3.01.
Subdividing. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the Architectural Committee; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any casements or other interests less than the whole, all without the approval of the Architectural Committee.
3.02.
Hazardous Activities. No activities shall be conducted on the Property and no Improvements
ements or other interests less than the whole, all without the approval of the Architectural Committee.
3.02.
Hazardous Activities. No activities shall be conducted on the Property and no Improvements constructed on the Property, which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms or fireworks shall be discharged upon the Property, no open fires shall be lighted or permitted except within safe and well-designed interior fireplaces, or in contained barbecue units while attended and in use for cooking purposes.
3.03. Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located thereon.
3.04.
Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth.
3.05.
Noise/Nuisances. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its occupants. No exterior lighting of any sort shall be installed or maintained on a lot where the light source is offensive or a nuisance to neighboring property (except reasonable security or landscape lighting that has the approval of the Architectural Committee.
or maintained on a lot where the light source is offensive or a nuisance to neighboring property (except reasonable security or landscape lighting that has the approval of the Architectural Committee.
3.06. Animals Household Pets. No animals, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, or any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on the Property. No Owner may keep on such Owner's Lot more than four (4) cats and dogs, in the aggregate, not more than two (2) of which may be dogs. No animal shall be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than on the Lot of its Owner unless confined to a leash. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal shall be allowed to run at large, and all animals shall be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times. Such enclosed area shall be constructed in accordance with plans approved by the Architectural Committee, shall be of reasonable design and construction to adequately contain such animals in accordance with the provisions hereof, and shall be screened so as not to be visible from any other portion of the Property.
3.07.
Rubbish and Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion
nd Debris. No rubbish or debris of any kind shall be placed or permitted to accumulate upon the Property, and no odors shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants. Refuse, garbage, and trash shall be kept at all times in covered containers, and such containers shall be kept within enclosed structures or appropriately screened from view. Each Owner shall contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity.
3.08. Maintenance/Mowing. Each Owner shall keep all shrubs, trees, grass, and plantings of every kind on such Owner's Lot cultivated, pruned, free of trash, and other unsightly material. All Improvements upon any Lot shall at all times be kept in good condition and repair and adequately painted or otherwise maintained by the Owner of such Lot. Declarant, the Association, and the Architectural Committee shall have the right at any reasonable time to TDT Savannah Heights Page 3 6/8/2007 enter upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary; to paint, repair, or otherwise maintain any Improvements in need thereof; and to charge the cost thereof to the Owner of the Lot in the same manner as provided for the Association in Section 6.05(E) hereof.
3.09. Antennac. No exterior radio or television antenna or aerial or satellite dish receiver which is visible from any other Lot or the street shall be erected or maintained on any Lot without obtaining the prior written consent of the Architectural Committee. The foregoing notwithstanding, in the event the absolute prohibition of such antenna
all be erected or maintained on any Lot without obtaining the prior written consent of the Architectural Committee. The foregoing notwithstanding, in the event the absolute prohibition of such antenna or receivers is invalidated or held to be unenforceable in any respect, then no exterior radio or television antenna, satellite dish or similar device shall be permitted to be erected or placed on any Lot unless the same is screened from view from adjoining Lots, streets and other portions of the Subdivision.
3.10. Signs. No sign of any kind shall be displayed to the public view on any Lot without the prior written approval of the Architectural Committee, except for (i) signs which are part of Declarant's overall marketing or construction plans or activities for the Property and (ii) one (1) sign of not more than five (5) square feet, advertising any property within the Subdivision for sale or rent. All merchandising, advertising and sales programming shall be subject to the approval of the Architectural Committee.
3.11. Water, Sewage Systems/Tanks. The Architectural Committee shall have the right to approve the location of any tank used or proposed in connection with a single family residential structure, including tanks for storage of fuel, water, oil, or LPG, and including swimming pool filter tanks. No elevated tanks of any kind shall be erected, placed or permitted on any Lot. All tanks shall be screened so as not to be visible from any other portion of the Property. No individual water supply systems or sewage disposal system shall be permitted on any Lot, including but not limited to, water wells, cesspools or septic tanks.
3.12. Temporary Structures. No tent, shack, or other temporary building, improvement, or structure shall
be permitted on any Lot, including but not limited to, water wells, cesspools or septic tanks.
3.12. Temporary Structures. No tent, shack, or other temporary building, improvement, or structure shall be placed upon the Property without the prior written approval of the Architectural Committee; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for architects, builders, and foremen during actual construction may be maintained with the prior approval of Declarant, approval to include the nature, size, duration, and location of such structure. Notwithstanding any provision in this Declaration to the contrary, an Owner shall be permitted, without Architectural Committee approval, to erect one (1) outbuilding on the Owner's Lot if (i) the surface area of the pad on which the outbuilding is placed is less than or equal to eighty (80) square feet, (ii) the height of the outbuilding, measured from the surface of the Lot to the highest portion of the outbuilding is less than or equal to six (6) feet, (iii) the outbuilding is constructed within an area completely enclosed by a privacy fence of not less than six (6) feet in height, (iv) the exterior of the outbuilding is constructed of the same or substantially similar materials as the exterior of any residence located on the Lot, and (v) the outbuilding is constructed within building setback lines in accordance with applicable building codes of the governmental entity having jurisdiction over the Property. The Architectural Committee shall be entitled to determine, in its sole and absolute discretion, whether an outbuilding constructed on any Lot complies with the foregoing requirements relating to size, height, fence enclosure and construction materials.
3.13.
in its sole and absolute discretion, whether an outbuilding constructed on any Lot complies with the foregoing requirements relating to size, height, fence enclosure and construction materials.
3.13.
Unsightly Articles; Vehicles. No article deemed to be unsightly by the Architectural Committee shall be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, all-terrain vehicles, motor scooters, sports equipment (such as volleyball nets, soccer goals or portable basketball goals) and garden maintenance equipment shall be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be donc on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Each single family residential structure constructed within the Property shall have sufficient garage space, as approved by the Architectural Committee, to house all vehicles to be kept on the Lot. Lot Owners shall not keep more than two (2) automobiles in such manner as to be visible from any other portion of the Property for any period in excess of seventy-two (72) hours. No automobiles or other above-mentioned articles or vehicles may be parked overnight on any roadway within the Property. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or
ing or household fabrics shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from view. No (i) racing vehicles or (ii) other vehicles (including, without limitation, motorcycles or motor scooters) which are inoperable or do not have a current license tag shall be permitted to remain visible on any Lot or to be parked on any roadway within the Subdivision. No commercial vehicles larger than a standard three-quarter (3/4) ton pickup truck or standard two-axle passenger van shall be permitted to remain on any Lot or to be parked on any roadway within the Subdivision.
3.14. Mobile Homes, Travel Trailers and Recreational Vehicles. No mobile homes shall be parked or placed on any Lot or used as a residence, either temporary or permanent, at any time, and no motor homes, travel trailers or recreational vehicles shall be parked on or near any Lot so as to be visible from adjoining property or from public or private thoroughfares at any time.
3.15. Compliance with the Restrictions. Each Owner shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time. Failure to comply with any of the Restrictions shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Declarant, the Architectural Committee, the Board on behalf of the Association, an aggrieved Owner, or, if applicable, the Municipal Utility District having jurisdiction over the Property.
TDT Savannah Heights Page 4 6/8/2007 3.16.
mmittee, the Board on behalf of the Association, an aggrieved Owner, or, if applicable, the Municipal Utility District having jurisdiction over the Property.
TDT Savannah Heights Page 4 6/8/2007 3.16.
Liability of Owners for Damage to Common Area and Facilities. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Arca and Facilities without the prior written approval of the Board. Each Owner shall be liable to the Declarant, or the Association, the Owners, or any public agency, authority, or utility, if the Common Area and Facilities have been dedicated or otherwise conveyed to any such party, for any and all damages to (i) the Common Area and Facilities, or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by any such party, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, or by any tenant or other occupant of such Owner's Lot, or any guest or invitee of such Owner. The full cost of all repairs of such damage shall be an Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided for in Section 8.06 hereof, including, but not limited to foreclosure of such lien.
3.17. No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms, or provisions. Any Owner
for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms, or provisions. Any Owner acquiring a Lot in reliance on one or more of such restrictive covenants, terms, or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.
ARTICLE IV USE AND CONSTRUCTION RESTRICTIONS 4.01. Approval for Construction. No Improvements shall be constructed upon any Lot without the prior written approval of the Architectural Committee.
4.02. Use. All Lots, unless dedicated to the Association as Common Area and Facilities, shall be improved and used solely for single family residential use, inclusive of an attached private garage for not more than three (3) cars, fencing and such other Improvements as are necessary or customarily incident to residential use. Unless a Lot (or Lots) has (or have) been specifically developed for attached single-family Living Units, all Lots shall be used solely for detached single-family residential use. Declarant may utilize the Temporary Office for commercial purposes until the Temporary Office is conveyed. After such conveyance occurs, the Temporary Office shall be used for residential purposes as outlined in this Section 4.02. Builders may use a select number of lots business use for the purpose of marketing, selling and building lots within the subdivision.
4.03. Rentals. Nothing in this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that all rentals must be for terms of at least six (6) months.
this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that all rentals must be for terms of at least six (6) months.
4.04. Dwelling Height. No single family dwelling greater than two (2) stories in height may be constructed on any Lot without the prior written approval of the Architectural Committee.
4.05. Fences and Sidewalks and Sight Line Obstruction. Unless otherwise approved by the Architectural Committee, all fences on Lots shall be six (6) feet in height and shall be constructed with cedar pickets and with treated pine or cedar railings and posts. Any fence fronting on a Street must be constructed of wood materials and must be six (6) feet in height. The Architectural Committee has the right to deviate its approval for the style and materials to be used based on the location with the Property. It is the intent to maintain visual continuity especially along Street. In no event shall any fence or wall be erected, placed or altered on a lot nearer to the front street than the front wall of the single family dwelling which is located on the Lot and no hedge may be installed or maintained more than three (3) feet in front of the wall of the single family dwelling which is located on the Lot and closest to the front property line of the Lot. The Owner of each Lot shall construct, at its sole cost and expense and prior to occupying any improvement located on the Lot, a sidewalk, located and designed in conformance with the Plat, to the extent the Plat requires a sidewalk on such Owner's Lot. The provision in the foregoing sentence may not be amended or altered without the express written consent of the Planning Department
at, to the extent the Plat requires a sidewalk on such Owner's Lot. The provision in the foregoing sentence may not be amended or altered without the express written consent of the Planning Department No fence, wall, hedge or shrub planting which obstructs sight lines shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) fect from the intersection of the street lines or in the case of a rounded property corner, from the intersection of the street line extended; the same sight line limits shall apply on any Lot within ten (10) feet from the intersection of street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections, unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines.
4.06. Dwelling Size; Building Materials. All residential dwellings shall contain not less than thirteen hundred (1300) square feet of enclosed living space, exclusive of porches (open or covered), decks, garages, and carports. All building materials shall be approved by the Architectural Committee, and only new building materials (except for used brick) shall be used for constructing any Improvements. Exposed metal roof decks which reflect light in a glaring manner such as galvanized steel sheets are specifically prohibited. Other roofing materials may be used with the prior written consent of the Architectural Committee, which may specify a minimum quality or grade of materials. All projections from a dwelling or other structure, including but not limited to chimney flues, vents,
onsent of the Architectural Committee, which may specify a minimum quality or grade of materials. All projections from a dwelling or other structure, including but not limited to chimney flues, vents, gutters, downspouts, utility boxes, porches, railings and exterior stairways shall match the color of the surface from which they project, or shall be of a color approved by the Architectural Committee. No highly reflective finishes TDT Savannah Heights Page 5 6/8/2007 (other than glass, which may not be mirrored) shall be used on exterior surfaces (other than surfaces of hardware fixtures), including, without limitation, the exterior surfaces of any Improvements.
The masonry requirements for single and two-story dwellings shall be as follows: 4.07.
One-Story Dwellings. The front and sides of the exterior walls of all single family dwellings shall be constructed of masonry, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors and trim work.
Two-Story Dwellings. The front and sides of the exterior walls of the first floor of all single family dwellings shall be constructed of masonry, exclusive of roofs, eaves, soffits, windows, doors, gables, garage doors and trim work.
Alteration or Removal of Improvements. Any construction, other than normal maintenance, which in any way alters the exterior appearance of any Improvement or the removal of any Improvement, shall be performed only with the prior written approval of the Architectural Committec.
4.08. Garbage Containers. The Architectural Committee shall have the right to specify a specific location on each Owner's Lot in which garbage containers must be placed for trash collection service.
4.09.
Drainage. There shall be no interference with the established drainage patterns over any of the
ation on each Owner's Lot in which garbage containers must be placed for trash collection service.
4.09.
Drainage. There shall be no interference with the established drainage patterns over any of the Property, except by Declarant, unless adequate provision is made for proper drainage and such provision is approved by the Architectural Committee.
4.10.
Construction Activities. This Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by an Owner (including Declarant) upon any Lot within the Property. Specifically, no such construction activities shall be deemed to constitute a nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. In the event that construction upon any Lot does not conform to usual practices in the area as determined by the Architectural Committee in its sole good faith judgment, the Architectural Committee shall have the authority to seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the Architectural Committee may contract for or cause such debris to be removed, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
4.11.
Landscaping. The front and side yards of all Lots, from the front wall of the house, shall be fully
d, and the Owner of the Lot shall be liable for all expenses incurred in connection therewith.
4.11.
Landscaping. The front and side yards of all Lots, from the front wall of the house, shall be fully sodded with St. Augustine, Bermuda, Prairie Buffalo Grass or other sod approved by the Architectural Committec. At least one tree shall be planted in the front yard of each Lot prior to the occupancy EACH OWNER IS ADVISED THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AS TO THE LIFE EXPECTANCY, VITALITY OR FITNESS FOR INTENDED PURPOSES OF ANY TREES OR SHRUBS LOCATED ON A LOT.
ARTICLE V COMMON AREA AND FACILITIES 5.01. Common Area and Facilities. No land within any Common Area and Facilities shall be improved, used or occupied, except in such manner as shall have been approved by Declarant, in its sole and absolute discretion.
Such required approval shall extend to the nature and type of use, occupancy and improvement. Declarant may, by written instrument, delegate its right to grant such approval to the Board. Access to any Common Area and Facilities may be limited to persons currently paying Assessments, fees and other charges, or otherwise conditioned or restricted, or made available to non-owners, all upon such terms and conditions as Declarant may determine, in its sole and absolute discretion.
5.02. Maintenance. Declarant may, but shall not be obligated to, in its sole discretion, maintain the Common Area and Facilities, if any, at its own cost and expense. If the Association is formed pursuant to Section 6.01 hereof, maintenance of any Common Area and Facilities shall be governed by Section 6.06 hereof and Assessments may be levied upon the Owners pursuant to Article VIII hereof. Under no circumstances shall Declarant be liable to
y Common Area and Facilities shall be governed by Section 6.06 hereof and Assessments may be levied upon the Owners pursuant to Article VIII hereof. Under no circumstances shall Declarant be liable to the Owners, the Association, if any, or to any other person for maintaining or failing to maintain the Common Area and Facilities.
5.03. Condemnation. If all or any part of the Common Area and Facilities is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), Declarant, or the Association, if applicable, shall be entitled to participate in the proceedings incident thereto. The expense of participation in such proceedings by the Association shall be a common expense to be paid out of Assessments. The Association is specifically authorized to obtain and to pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association, in its discretion, deems necessary or advisable to aid it in any matters relating to such proceedings. All damages or awards for any such taking shall be the property of TDT Savannah Heights Page 6 6/8/2007 Declarant, or, if applicable, deposited with the Association. The Association, if applicable, in addition to the general powers set out herein, shall have the sole authority to determine whether to contest or defend any such proceedings, to make any settlement with respect thereto or to convey such property to the condemning authority in lieu of condemnation.
6.01.
ARTICLE VI THE ASSOCIATION OPTIONAL ASSOCIATION. THE PROVISIONS CONTAINED IN THIS ARTICLE VI AND RELATED PROVISIONS ELSEWHERE IN THIS DOCUMENT SHALL ONLY BE OPERATIVE IN THE EVENT
condemnation.
6.01.
ARTICLE VI THE ASSOCIATION OPTIONAL ASSOCIATION. THE PROVISIONS CONTAINED IN THIS ARTICLE VI AND RELATED PROVISIONS ELSEWHERE IN THIS DOCUMENT SHALL ONLY BE OPERATIVE IN THE EVENT DECLARANT DETERMINES, IN ITS SOLE AND ABSOLUTE DISCRETION, TO CREATE A HOMEOWNERS ASSOCIATION TO ASSUME THE DUTIES AND POWERS PRESCRIBED BY LAW AS SET FORTH IN THIS DECLARATION. ON THE EFFECTIVE DATE OF THIS DOCUMENT, DECLARANT DOES NOT CONTEMPLATE CREATING THE ASSOCIATION AND SHALL HAVE NO OBLIGATION TO DO SO. THIS ARTICLE VI AND THE PROVISIONS EXPRESSLY RELATED TO THIS ARTICLE VI SHALL HAVE NO LEGAL OR OTHER EFFECT UNLESS AND UNTIL (1) DECLARANT ELECTS TO CREATE THE ASSOCIATION AS EVIDENCED BY THE DECLARANT'S INCORPORATION OF THE ASSOCIATION AND ISSUANCE OF ARTICLES OF INCORPORATION BY THE SECRETARY OF STATE OF TEXAS, OR (2) DECLARANT ACCEPTS, WHICH ACCEPTANCE SHALL BE IN DECLARANT'S SOLE AND ABSOLUTE DISCRETION, A PETITION IN RECORDABLE FORM SIGNED BY A MAJORITY OF OWNERS (EXCLUDING DECLARANT) OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE. IN THE EVENT DECLARANT ELECTS TO ACCEPT THE PETITION PURSUANT TO SECTION 6.01(2) ABOVE, DECLARANT SHALL INCUR NO EXPENSE RELATED TO THE INCORPORATION OR ORGANIZATION OF THE ASSOCIATION. HOWEVER, ANY ASSOCIATION CREATED SUBSEQUENT TO DECLARANT'S ACCEPTANCE OF THE PETITION PURSUANT TO SECTION 6.01(2) ABOVE, SHALL BE EMPOWERED TO REIMBURSE ALL REASONABLE INCORPORATION AND ORGANIZATION EXPENSES ADVANCED BY ANY MEMBER. IN THE EVENT DECLARANT NO LONGER OWNS ANY PORTION OF THE PROPERTY ENCUMBERED BY THIS DECLARATION, A MAJORITY OF OWNERS OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE, MAY ELECT TO CREATE AN ASSOCIATION, AND DECLARANT'S ACCEPTANCE PURSUANT TO SECTION 6.01(2) SHALL NOT BE NECESSARY.
AJORITY OF OWNERS OF LOTS WITHIN THE PROPERTY, EACH LOT BEING ALLOCATED ONE (1) VOTE, MAY ELECT TO CREATE AN ASSOCIATION, AND DECLARANT'S ACCEPTANCE PURSUANT TO SECTION 6.01(2) SHALL NOT BE NECESSARY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, DECLARANT SHALL BE UNDER NO OBLIGATION TO CREATE A HOMEOWNER'S ASSOCIATION.
6.02. Organization. Any Association formed pursuant to Section 6.01 shall be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers prescribed by law or set forth in its Articles and Bylaws or in this Declaration. Neither the Articles nor Bylaws shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.
6.03.
Membership. If the Association is formed, any Person who is or who becomes an Owner shall automatically become a Member of the Association. Membership shall be appurtenant to and shall run with the ownership of the Lot which qualifies the Owner thereof for membership, and membership may not be severed from, or in any way transferred, pledged, mortgaged, or alienated except together with the title to the Lot.
6.04. Voting Rights. There shall be two classes of membership for the purpose of voting on any Association matter. The Class A Members shall include each Owner (excluding Declarant) of a Lot within the Property and each such Owner shall have one (1) vote for each Lot owned. The Class B Member shall be the Declarant and Declarant shall have three (3) votes for each Lot owned by Declarant. The Class B Membership shall convert to a Class A Membership upon the earlier to occur of (i) Declarant owns less than twenty-five percent (25%) of the Property, or (ii) ten (10) years from the date of this Declaration.
6.05.
all convert to a Class A Membership upon the earlier to occur of (i) Declarant owns less than twenty-five percent (25%) of the Property, or (ii) ten (10) years from the date of this Declaration.
6.05.
Powers and Authority of the Association. The Association shall have the powers of a Texas nonprofit corporation, subject only to such limitations upon the exercise of such power as are expressly set forth in this Declaration. It shall further have the power to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers granted to it by the laws of Texas or by this Declaration.
Without in any way limiting the generality of the two preceding sentences, the Association and the Board, acting on behalf of the Association, shall have the power and authority at all times as follows: (A) (B) Rules and Bylaws. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact the Association Rules and Bylaws. The content of the Association Rules and Bylaws may be established by the Board, provided the same are not in conflict with this Declaration.
Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out the Association functions.
(C) Records. To keep books and records of the Association's affairs.
(D) Assessments. To levy Assessments as provided in Article VIII below. An Assessment is defined as that sum which must be levied in the manner and against the property set forth in Article VIII hereof in order to raise the total amount for which the levy in question is being made.
TDT Savannah Heights Page 7 6/8/2007 (E) (F) 6.06.
the manner and against the property set forth in Article VIII hereof in order to raise the total amount for which the levy in question is being made.
TDT Savannah Heights Page 7 6/8/2007 (E) (F) 6.06.
Right of Entry and Enforcement. To enter at any time in an emergency or in a non-emergency, after twenty-four (24) hours written notice, without being liable to any Owner, upon any Lot and into any Improvement thereon, for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement, or other facility to conform to the Restrictions, and the expense incurred by the Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon shall be a personal obligation of the Owner of the Lot entered upon, shall be a lien upon the Lot entered upon and the Improvements thereon, and shall be enforced in the same manner and to the same extent as provided in Article VIII hereof for regular Assessments. The Association shall have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens, and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that the Board shall never be authorized to expend any Association funds for the purpose of bringing suit against Declarant, its successors, or assigns.
Legal and Accounting Services. To retain and pay for legal and accounting services necessary or
nd any Association funds for the purpose of bringing suit against Declarant, its successors, or assigns.
Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association.
Common Arca and Facilities. Subject to and in accordance with this Declaration, the Association, acting through the Board, shall have the following duties: (A) (B) (C) 7.01.
To accept, own, operate and maintain all Common Area and Facilities which may be conveyed or leased to it by Declarant, together with all Improvements of whatever kind and for whatever purpose which may be located in said areas; and to accept, own, operate and maintain all other property, real or personal, conveyed or leased to the Association by Declarant and to maintain in good repair and condition all lands, improvements and other Association property owned by or leased to the Association. Such maintenance shall include, but not be limited to, painting, mowing and removal of rubbish or debris of any kind.
To pay all real and personal property taxes and other taxes and Assessments levied upon or with respect to Common Area and Facilities or any other property owned by or leased to the Association to the extent that such taxes and Assessments are not levied directly upon the Members of the Association. The Association shall have all rights granted by law to contest the legality of the amount of such taxes and Assessments.
To take out and maintain current a policy of liability insurance coverage to cover accidental bodily injury and/or death caused by the use and enjoyment of the Common Area and Facilities. Such insurance shall be in an amount as the Board shall deem appropriate.
ARTICLE VII ARCHITECTURAL COMMITTEE
ily injury and/or death caused by the use and enjoyment of the Common Area and Facilities. Such insurance shall be in an amount as the Board shall deem appropriate.
ARTICLE VII ARCHITECTURAL COMMITTEE Membership of Architectural Committee. The Architectural Committee shall consist of not more than three (3) voting Members ("Voting Members"), and such additional nonvoting Members serving in an advisory capacity ("Advisory Members") as the Voting Members deem appropriate. The following persons are hereby designated as the initial Voting Members of the Architectural Committee: Bruce Whitis and Charles M. Carr.
7.02.
Action by Architectural Committee. Items presented to the Architectural Committee shall be decided by a majority vote of the Voting Members.
7.03.
Advisory Members. The Voting Members may from time to time designate Advisory Members.
7.04. Term. Each Voting Member of the Architectural Committee shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. In the event of death or resignation of any Voting Member, the remaining Voting Member or Voting Members shall have full authority to act until a replacement Voting Member or Voting Members have been designated.
7.05. Declarant's Rights of Appointment. Declarant, its successors or assigns shall have the right to appoint and remove all Voting Members of the Architectural Committee. Declarant may delegate this right to the Board by written instrument. Thereafter, the Board shall have the right to appoint and remove all Voting Members of the Architectural Committee.
7.06. Adoption of Rules. The Architectural Committee may adopt such procedural and substantive rules,
oard shall have the right to appoint and remove all Voting Members of the Architectural Committee.
7.06. Adoption of Rules. The Architectural Committee may adopt such procedural and substantive rules, not in conflict with this Declaration, as it may deem necessary or proper for the performance of its duties, including but not limited to, a building code, a fire code, a housing code, and other similar codes as it may deem necessary and desirable.
7.07. Review of Proposed Construction. Whenever in this Declaration the approval of the Architectural Committee is required, it shall have the right to consider all of the Plans and Specifications for the Improvement or proposal in question and all other facts which, in its sole discretion, are relevant. Except as otherwise specifically TDT Savannah Heights Page 8 6/8/2007 provided herein, prior to the commencement of any construction of any Improvement on the Property or any portion thereof, the Plans and Specifications therefor shall be submitted to the Architectural Committee, and construction thereof may not commence unless and until the Architectural Committee has approved such Plans and Specifications in writing. The Architectural Committee shall consider and act upon any and all Plans and Specifications submitted for its approval pursuant to this Declaration, and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with Plans and Specifications approved by the Architectural Committee. The Architectural Committee may review Plans and Specifications submitted for its review and such other information as it deems proper. Until
nd Specifications approved by the Architectural Committee. The Architectural Committee may review Plans and Specifications submitted for its review and such other information as it deems proper. Until receipt by the Architectural Committee of any information or documents deemed necessary by the Architectural Committee, it may postpone review of any Plans and Specifications submitted for approval. No Improvement shall be allowed upon any Lot which would unreasonably obstruct the view from any other portion of the Property, and no Improvement shall be allowed on any Lot which is of such size or architectural design or involves the use of such landscaping, color schemes, exterior finishes, and materials and similar features as to be incompatible with development within the Property and the surrounding area. The Architectural Committee shall have the authority to disapprove any proposed Improvement based upon the restrictions set forth in the preceding sentence and the decision of the Architectural Committee shall be final and binding so long as it is made in good faith. The Architectural Committee shall not be responsible for reviewing any proposed Improvement, nor shall its approval of any Plans or Specifications be deemed approval thereof from the standpoint of structural safety, engineering soundness, or conformance with building or other codes.
7.08. Variance. The Architectural Committee may grant variances from compliance with any of the provisions of this Declaration, when, in the opinion of the Architectural Committee, in its sole and absolute discretion, such variance will not impair or detract from the high quality development of the Property and such variance is
hen, in the opinion of the Architectural Committee, in its sole and absolute discretion, such variance will not impair or detract from the high quality development of the Property and such variance is justified due to unusual or aesthetic considerations or unusual circumstances. Anything herein to the contrary notwithstanding, the Architectural Committee is hereby authorized, at its sole discretion, to waive any requirements relating to garages (including size), carports, dwelling size, masonry requirements, fences and setbacks and such decision shall be binding on all Owners of Property encumbered by this Declaration. All variances must be evidenced by written instrument in recordable form, and must be signed by at least two (2) of the Voting Members of the Architectural Committee. The granting of such variance shall not operate to waive or amend any of the terms or provisions of the covenants and restrictions applicable to the Lots for any purpose except as to the particular property and the particular instance covered by the variance, and such variance shall not be considered to establish a precedent or future waiver, modification or amendment of the terms and provisions hereof.
7.09. Actions of the Architectural Committec. The Architectural Committee may, by resolution, unanimously adopted in writing, designate one or two of its members or an agent acting on its behalf to take any action or perform any duties for and on behalf of the Architectural Committee. In the absence of such designation, the vote of the majority of all of the members of the Architectural Committee taken without a meeting shall constitute an act of the Architectural Committee. Notwithstanding anything to the contrary, in the event the Architectural
l of the members of the Architectural Committee taken without a meeting shall constitute an act of the Architectural Committee. Notwithstanding anything to the contrary, in the event the Architectural Committee fails to respond to a request for approval of Plans and Specifications within thirty (30) days of receipt of all required information, the Architectural Committee shall be deemed to have approved such Plans and Specifications.
7.10.
No Waiver of Future Approvals. The approval or consent of the Architectural Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or consent by the same or a different person.
7.11. Work in Progress. The Architectural Committee, at its option, may inspect all work in progress to insure compliance with approved Plans and Specifications.
7.12. Address. Plans and Specifications shall be submitted to the Architectural Committee, P.O. Box 10117, Killeen, Texas 76547 Attn: Terri Tepera, or such other address as may be designated from time to time.
7.13.
Fees. The Architectural Committee shall have the right to require a reasonable submission fee for each set of Plans and Specifications submitted for its review.
ARTICLE VIII FUNDS AND ASSESSMENTS 8.01.
(A) (B) Assessments.
The Association may from time to time levy Assessments against cach improved Lot. The level of Assessments shall be equal and uniform between all improved Lots. For purposes of this section, a
sments.
The Association may from time to time levy Assessments against cach improved Lot. The level of Assessments shall be equal and uniform between all improved Lots. For purposes of this section, a lot shall not be considered to be "improved" until a house has been constructed thereon. No Assessments hereunder shall be levied against any unimproved Lots.
Where the obligation to pay an Assessment first arises after the commencement of the year or other period for which the Assessment was levied, the Assessment shall be prorated as of the date when said obligation first arose in proportion to the amount of the Assessment year or other period remaining after said date.
TDT Savannah Heights Page 9 6/8/2007 (C) 8.02.
Each unpaid Assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be the personal obligation of the Owner of the Lot against which the Assessment fell due, and shall become a vendor's lien against each such Lot and all Improvements thereon. The Association may enforce payment of such Assessments in accordance with the provisions of this Article.
Maintenance Fund. The Board shall establish a maintenance fund into which shall be deposited all monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.
8.03.
Regular Annual Assessments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Restrictions, which
essments. Prior to the beginning of each fiscal year, the Board shall estimate the expenses to be incurred by the Association during such year in performing its functions under the Restrictions, which shall be limited to the costs incurred pursuant to the powers granted to the Association in Section 6.06 and the cost of enforcing the Restrictions, and a reasonable provision for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Assessments sufficient to pay such estimated net expenses shall then be levied as herein provided, and the level of Assessments set by the Board shall be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any individual Assessment, the Association may at any time and from time to time levy further Assessments in the same manner as aforesaid. All such regular Assessments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. In no event shall the maximum regular annual Assessments per Lot permitted hereunder be increased by more than five percent (5%) per year, unless approved by at least two-thirds of each Class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein.
Notwithstanding the foregoing, the Declarant shall pay assessments at the rate of one-fourth (4) of the regular annual
or such purpose, with the same quorum as required for Special Assessments herein.
Notwithstanding the foregoing, the Declarant shall pay assessments at the rate of one-fourth (4) of the regular annual assessments, so long as there is a Class B membership, and Declarant hereby covenants and agrees that in the event that the annual maintenance fund revenues are insufficient to pay the operating expenses of the Association, it shall provide the funds necessary to make up the deficit, within thirty (30) days of receipt of request for payment thereof from the Association. In the alternative, Declarant shall have the right to pay full Class A assessments on its Lots without relinquishing its Class B status and shall then be excused from the payment of any budget deficits.
8.04.
Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments to enable the Board to carry out the mandatory functions of the Association under the Restrictions, upon the approval of at least two-thirds of the Members at a meeting called for that purpose, by adequate notice, with at least sixty percent (60%) of the Members or their proxies present at said meeting. If sixty percent (60%) of the Members do not attend, a second meeting may be called with the same notice and the quorum needed for said second meeting shall be thirty percent (30%) of the Members or their proxies.
8.05.
Owner's Personal Obligation for Payment of Assessments. The regular Assessments provided for herein shall be the personal and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment,
and individual debt of the Owner of the Lot covered by such Assessments. No Owner may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the Owner of the Lot shall be obligated to pay interest at the rate of six percent (6%) per annum on the amount of the Assessment, from the due date thereof, together with all costs and expenses of collection, including reasonable attorneys' fees.
8.06.
Assessment Lien and Foreclosure. All sums assessed in the manner provided in this Article but unpaid shall, together with interest as provided in Section 8.05 hereof and the cost of collection, including attorneys' fees as herein provided, thereupon become a continuing lien and charge on the Lot covered by such Assessment, which shall bind such Lot in the hands of the Owner, and such Owner's heirs, devisees, personal representatives, successors or assigns. The aforesaid lien shall be superior to all other liens and charges against the said Lot, except only for tax liens and all sums unpaid on a first Mortgage lien of record, securing in either instance sums borrowed for the improvement of the Lot in question. The Association shall have the power to subordinate the aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the Board and such subordination must be signed by a duly authorized officer of the Association. To evidence the aforesaid Assessment lien, the Association may prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers
essment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice shall be signed by one of the officers of the Association and shall be recorded in the office of the County Clerk of Bell County, Texas. Such lien for payment of Assessments shall attach with the priority above set forth from the date that such payment becomes delinquent and may be enforced by the foreclosure on the defaulting Owner's Lot by the Association in like manner as a mortgage on real property subsequent to the recording of a notice of Assessment lien as provided above, or the Association may institute suit against the Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien judicially. In any foreclosure proceeding, whether judicial or not judicial, the Owner shall be required to pay the costs, expenses, and reasonable attorneys' fees incurred. The Association shall have the power to bid on the property at foreclosure or other legal sale and to acquire, hold, lease, mortgage, convey, or otherwise deal with the same. Upon the written request of any Mortgagee, the Association shall report to said Mortgagee any unpaid Assessments remaining unpaid for longer than thirty (30) days after the same are due.
ARTICLE IX EASEMENTS TDT Savannah Heights 6/8/2007 Page 10 9.01. Reserved Easements. All dedications, limitations, restrictions, and reservations shown on the Plat and all grants and dedications of easements, rights-of-way, restrictions, and related rights, made prior to the Property becoming subject to this Declaration are incorporated herein by reference and made a part of this Declaration for all
ments, rights-of-way, restrictions, and related rights, made prior to the Property becoming subject to this Declaration are incorporated herein by reference and made a part of this Declaration for all purposes as if fully set forth herein and shall be construed as being adopted in each and every contract, deed, or conveyance executed or to be executed by or on behalf of Declarant conveying any part of the Property.
Declarant reserves the right to make changes in and additions to the said easements and for the purpose of most efficiently and economically developing the Property. Further, Declarant reserves the right, without the necessity of the joinder of any Owner or other Person, to grant, dedicate, reserve or otherwise create, at any time or from time to time, easements for public utility purposes (including without limitation, gas, water, electricity, telephone and drainage) in favor of any Person along any front, rear, or side boundary line of any Lot, which said easements shall have a maximum width of ten (10) feet (provided, however, that easements along side yard lot lines shall straddle such lot lines with five (5) feet on each of the adjoining Owner's Lots).
9.02. Installation and Maintenance. There is hereby created an easement upon, across, over, and under all of the Property for ingress and egress in connection with installing, replacing, repairing, and maintaining all utilities, including but not limited to, water, wastewater, gas, telephones, and electricity lines and appurtenances thereto. By virtue of this easement, it shall be expressly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service line, or other utility facilities or appurtenances thereto, on,
essly permissible for the utility companies and other entities supplying service to install and maintain pipes, wires, conduits, service line, or other utility facilities or appurtenances thereto, on, above, across and under the Property, within the public utility easements from time to time existing and from service lines situated within such easements to the point of service on or in any Improvement. Notwithstanding any provision contained in this section, no electrical lines, water lines, or other utilities or appurtenances thereto may be relocated on the Property until approved by Declarant or the Architectural Committee. The utility companies furnishing service shall have the right to remove all trees situated within the utility casements shown on the Plat, and to trim overhanging trees and shrubs located on portions of the Property abutting such easements.
9.03. Drainage Easements. Each Owner covenants to provide casements for drainage and water flow, as contours of land and the arrangement of Improvements approved by the Architectural Committee thereon, require .
Each Owner further covenants not to disturb or displace any trees or other vegetation within the drainage casements as defined in this Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent, in any drainage casement, except as approved in writing by the Architectural Committee.
9.04.
Surface Areas. The surface of easement areas for underground utility services may be used for planting of shrubbery, trees, lawns, or flowers. However, neither the Declarant nor any supplier of any utility service using any casement area shall be liable to any Owner or to the Association for any damage done by them or either of
, or flowers. However, neither the Declarant nor any supplier of any utility service using any casement area shall be liable to any Owner or to the Association for any damage done by them or either of them, or their respective agents, employees, servants, or assigns, to any of the aforesaid vegetation as a result of any activity relating to the construction, maintenance, operation, or repair of any facility in any such casement area.
9.05. Common Arca and Facilities. Each Owner shall have a non-exclusive casement for use and enjoyment in and to all Common Area and Facilities which shall be appurtenant to and shall pass with title to such Owner's Lot, subject to the following provisions: (A) (B) (C) Right of Association to suspend the Owner's voting rights and right to use the Common Area and Facilities for any period during which an Assessment against such Owner's Lot remains unpaid, and for any period during which the Owner is in violation of the rules and regulations of the Association; The right of Declarant, or the Association, as applicable, to dedicate or transfer all or any part of the Common Area and Facilities to any public agency, authority or utility for such purposes and subject to such conditions as may be deemed reasonable by Declarant, in its sole discretion, or, in the case of the Association, approved by a two-thirds vote of each class of Members who are voting in person or by proxy at a meeting duly called for such purpose, with the same quorum as required for Special Assessments herein; The right of the Association to borrow money for the purpose of improving the Common Area and Facilities and, in furtherance thereof, mortgage the Common Area and Facilities, all in accordance with the Articles and Bylaws; (D)
on to borrow money for the purpose of improving the Common Area and Facilities and, in furtherance thereof, mortgage the Common Area and Facilities, all in accordance with the Articles and Bylaws; (D) The right of Declarant, or the Association, as applicable, to promulgate reasonable rules and regulations regarding use of the Common Area and Facilities; and (E) The right of Declarant or the Association, as applicable, to contract for services with third parties on such terms as Declarant or the Association may determine.
ARTICLE X MISCELLANEOUS 10.01. Term. This Declaration, including all of the covenants, conditions, and restrictions hereof, shall run until January 1, 2028, unless amended as herein provided. After January 1, 2028, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended or extinguished as set forth in Section 10.02 below.
TDT Savannah Heights Page 11 6/8/2007 10.02. Amendment/Extinguishment.
(A) (B) By Declarant. So long as no Home Owners Association has been formed pursuant to Section 6.01 hereof, this Declaration may be amended by the Declarant, without the joinder of any other party.
No amendment by Declarant shall be effective until there has been recorded in the Official Records of Real Property of Bell County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment.
By Owners. In addition to the method in Section 10.02 (A), this Declaration may be amended or extinguished by the recording in the Official Records of Real Property of Bell County, of an instrument executed and acknowledged by the President and Secretary of the Association, setting
amended or extinguished by the recording in the Official Records of Real Property of Bell County, of an instrument executed and acknowledged by the President and Secretary of the Association, setting forth the amendment or extinguishment and certifying that such amendment or extinguishment has been approved by Owners entitled to cast at least ninety percent (90%) of the number of votes entitled to be cast pursuant to Section 6.04 hereof for the first twenty years from the date hereof, and by seventy-five percent (75%) of said Owners thereafter.
10.03. Notices. Any notice permitted or required to be given by this Declaration shall be in writing and may be delivered either by certified mail, return receipt requested, or personally delivered and a written receipt received therefor. If delivery is made by certified mail, it shall be deemed to have been delivered the date on which it I was received by the person to whom such notice was addressed. Such address may be changed from time to time by notice in writing given by such person to the Association.
10.04. Interpretation. The provisions of this Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed and governed under the laws of the State of Texas.
10.05. Exemption of Declarant. Notwithstanding any provision in this Declaration to the contrary, neither Declarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall
ies shall in any way be subject to the control of or under the jurisdiction of the Architectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct any and alter drainage patterns and facilities, to construct any and all other types of improvements, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales, and leasing anywhere within the Property.
10.06. Nonliability of Architectural Committee and Board Members. Neither the Architectural Committee, nor any member thereof, nor the Board, nor any member thereof, shall be liable to the Association or to any Owner or to any other person for any loss, damage, or injury arising out of their being in any way connected with the performance of the Architectural Committee's or the Board's respective duties under this Declaration unless due to the willful misconduct or bad faith of the Architectural Committee or its member or the Board or its member, as the case may bc.
10.07. Assignment of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights, and duties under this Declaration to any other Person and may permit the participation, in whole or in part, by any other Person in any of its privileges, exemptions, rights, and duties hereunder.
10.08. Enforcement and Nonwaiver. Except as otherwise provided herein, any Owner at his own expense, Declarant, the Board and/or the Municipal Utility District having jurisdiction over the Property shall have the right to
d Nonwaiver. Except as otherwise provided herein, any Owner at his own expense, Declarant, the Board and/or the Municipal Utility District having jurisdiction over the Property shall have the right to enforce all of the provisions of the Restrictions. Such right of enforcement shall include both damages for, and injunctive relief against, the breach of any such provision. The failure to enforce any provision of the Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said Restrictions. Declarant, or the Association shall have the right, when appropriate in its judgment, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.
10.09. Construction. The provisions of the Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine , feminine and neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise effect that which is set forth in any of the paragraphs, sections or articles hereof.
10.10 Replacement of Original Declaration. This Declaration supersedes and replaces, in its entirety, the Original Declaration. From and after the date of recording of this Declaration, the Original Declaration is void and of no further force or effect.
ration supersedes and replaces, in its entirety, the Original Declaration. From and after the date of recording of this Declaration, the Original Declaration is void and of no further force or effect.
IN WITNESS WHEREOF, Declarant has executed this Declaration to be effective on the JUNE 2007.
15th day of DECLARANT: W&B Development, Ltd., TDT Savannah Heights Page 12 6/8/2007 TDT Savannah Heights (a Texas Limited Partnership) By: G.W. Development, Inc.
(a Texas corporation) its General Ptner By: Name: Title: VP Brui -whitis 6/8/2007 Page 13 STATE OF TEXAS § § COUNTY OF BELL 2007, by This instrument was acknowledged before me on the 15 day of June Bruce. Whitits of G.W. Development, Inc., a Texas corporation, as general partner of W & B Devel nd said limited partnership.
AFTER RECORDING, RETURN TO: D.R. Horton Attn: Dale Janda 3515 S.W.H.K. Dodgen Loop Temple, Texas 76502 4788562v.2 Notary Public, State of Texas TDT Savannah Heights Page 14 6/8/2007 $66.00 FCT Document 00026055 CLERK'S NOTICE: OF THE DESCRIBED.
UNENFORCEABLE UNDER FEDERAL LAW.
EIN WHIC CTS THE SALE, RENTAL OR USE RACE IS INVALID AND STATE OF TEXAS COUNTY OF BELL I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was duly RECORDED in the Official Records of Bell County, Texas.
Shelley Coston, County Clerk Bell County, TEXAS Document Number: 00026055 Amount: 66.00 Receipt Number: 13228 Recorded: Jun 18,2007 at 02:14P By Linda Ramos, Deputy RP 06/05/2009 70 2009 00070491 CERTIFICATE OF CORRECTION SAVANNAH HEIGHTS, PHASE II City of Killeen, Bell County, Texas Doc# 00020491 STATE OF TEXAS COUNTY OF BELL KNOW ALL MEN BY THESE PRESENTS Whereas A. W. Kessler, Registered Professional Land Surveyor, Number 1852, prepared a final plat
Killeen, Bell County, Texas Doc# 00020491 STATE OF TEXAS COUNTY OF BELL KNOW ALL MEN BY THESE PRESENTS Whereas A. W. Kessler, Registered Professional Land Surveyor, Number 1852, prepared a final plat recorded on November 1, 2006, in Cabinet D, Slides 148-B & C, Plat Records, Bell County, Texas, dedicating the described property as SAVANNAH HEIGHTS, PHASE II, an addition to the City of Killeen, Bell County, Texas: and Whereas A. W. Kessler, is signing this Certificate of Corrections to correct certain scriveners' errors on the face of said plat as follows: During the production of the plat mylars for recording of said SAVANNAH HEIGHTS, PHASE II, certain lot the dimensions of that certain tract being called Lot 10, Block 8, on said plat were inadvertently scribed erroneously on the recorded document. The correct dimensions as as shown on EXHIBIT "A" attached hereto and are the true and accurate dimensions as intended by the Surveyor at the time of recording of said plat.
Executed this 29th day of May, 2009.
For: W&B Development. Ltd By: G.W. Development, Inc.
General Partner By: A Sander By: A. W, Kessler, R.P.L.S., No. 1852 Bruce Whitis, Vice President & Secretary/Treasurer ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF BELL This instrument was acknowledged before me on TARY ROBBIN ELIZARRARAZ NOTARY PUBLIC STATE OF TEXAS COMMON EXPIRES: 07-31-2012 June 5 2009 by A. W. Kessler.
Reallian Elarray Notary Public, State of Texas STATE OF TEXAS COUNTY OF BELL This instrument was acknowledged before me on President & Secretary/Treasurer, on behalf of G.We 5, 2009, by Bruce Whitis, Vice V. Development, Inc., General Partner.
Pala Garray Notary Public, State of Texas 07-31-2012 My commission Expires: NOTARY STATE PUBLIC OF EXAS ROBBIN ELIZARRARAZ NOTARY PUBLIC STATE OF TEXAS
tis, Vice V. Development, Inc., General Partner.
Pala Garray Notary Public, State of Texas 07-31-2012 My commission Expires: NOTARY STATE PUBLIC OF EXAS ROBBIN ELIZARRARAZ NOTARY PUBLIC STATE OF TEXAS COMMISSION EXPIRES: 07-31-2012 1500 133.52' €9 69°01'34" 133.51' 50 69°01'34" W 133.50' 72.55' 72.55' 10' U.E.
65.00' 65.00' 10' U.E.
65.00' 65.00' 120.01' 120.00 18 S 20°20'37" 120.00' 17 S 20°20'37" E BLOCK 6 120.00' 16 25' B.L.
10' U.E.
65.00' ヨ 71.25' 65.00' 60' R.O.W.
750.06' BIRMINGHAM DRIVE 65.00' 60' R.O.W.
65.00' 65.00' S 20°58'00" E 10 U.E.
65.00' 25 B.L.
150.01' 72.20' › 69°01'34" 133.49' 52 6 69°01'34" 133.48' 53 M BLOCK 1 53 10' U.E.
133.49' 87.56' 10' U.E.
25' B.L.
65.00' 120.00' BLOCK 8 IN 20°20'37" W 10 120.01' 9 65.00 120.00' 8 20°20'37" WI 65.0C 15' U.E.
86.25' 65.00' REMAINDER CLEO BAY & GLENNYS BAY Called 122.323 ACRES (VOL. 1721, PAGE 889) LOT 10, BLOCK 8 SAVANNAH HEIGHTS, PHASE II For: W & B Development, Ltd BY: GW Development, Inc., its General Partner BY: Bruce Whitis, Vice President and Secretary-Treasurer 515-09 A. W. Kessler, R.P.L.S.
Exhibit "A" GIS A. W. KESSLER 1852 AND SURVE Recorded On: June 05, 2009 Bell County Shelley Coston County Clerk Belton, Texas 76513 Instrument Number: 2009-00020491 As Recordings Parties: W & B DEVELOPMENT LTD To SAVANNAH HEIGHTS PHASE II Comment: Recordings 15.00 Total Recording: 15.00 (Parties listed above are for Clerks reference only) Billable Pages: 2 Number of Pages: 3 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
able Pages: 2 Number of Pages: 3 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: 2009-00020491 Receipt Number: 53025 Recorded Date/Time: June 05, 2009 12:04:44P User / Station: N Mitchell - Cash Station 1 EXAS Record and Return To: VERA & ASSOCIATES 3707 SIERRA DR 512-864-9804 GEORGETOWN TX 78628 I hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston Bell County Clerk Dualley Coston After Recording Return To: W&B Development II, LLC 3000 Illinois Ave., Ste. 100 Killeen TX 76543 Doc# 00024701 FIRST NOTICE OF ADDITION OF LAND TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Savannah Heights THIS FIRST NOTICE OF ADDITION OF LAND TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ("Notice") is made as of the Effective Date shown below by W&B DEVELOPMENT II, LLC, a Texas limited liability company ("Declarant.") RECITALS A. On or about December 8, 2006, W&B Development, Ltd. made that certain Declaration of Covenants, Conditions and Restrictions of record at Instrument #2007-00001255 in the Official Public Records of Bell County, Texas ("Original Declaration.") B. On or about June 15, 2007, W&B Development, Ltd. made that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions of record at Instrument #2007-00026055 in the Official Public Records of Bell County, Texas ("Declaration"), which instrument superseded and replaced the Original Declaration in its entirety.
rictions of record at Instrument #2007-00026055 in the Official Public Records of Bell County, Texas ("Declaration"), which instrument superseded and replaced the Original Declaration in its entirety.
C. As indicated in that "Affidavit of Identity” of record at Instrument #200800046721 in the Official Public Records of Bell County, Texas, on or about June 30, 2007, W&B Development, Ltd. merged with Declarant pursuant to a Certificate of Merger filed under Document #176341660001 in the office of the Texas Secretary of State, and Declarant is the surviving entity.
D. Declarant now desires to amend the Declaration as provided herein to add additional property to be subject to the Declaration.
NOW, THEREFORE, pursuant to the authority reserved to Declarant under Article 2.02 of the Declaration, Declarant hereby makes the following supplemental amendment to the Declaration: 1. Capitalized terms used herein shall have the meaning ascribed to them in the Declaration unless the context clearly indicates otherwise.
2. The title of the Declaration is hereby changed to “Amended and Restated Declaration of Covenants, Conditions and Restrictions of Savannah Heights."
3.
The definition of the term “Plat" contained in Article 1.21 of the Declaration is hereby amended to read as follows: RP 07/02/2009 70 2009 00024701 2 Plat. "Plat" shall mean the following subdivision plats: (A) Savannah Heights, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 25-D, in the Plat Records of Bell County, Texas; (B) Savannah Heights Phase II, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 148-B, in the Plat Records of Bell County, Texas; and
(B) Savannah Heights Phase II, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 148-B, in the Plat Records of Bell County, Texas; and (C) Savannah Heights Phase III, an addition to the City of Killeen, Bell County, Texas, according to the map or plat of record in Cabinet D, Slide 155-D, in the Plat Records of Bell County, Texas.
3. In the event of an inconsistency between this Notice and the terms of the Declaration, this Notice shall govern. Except as expressly provided herein, the Declaration has not been amended or modified, and all terms, covenants, conditions and restrictions of the Declaration shall continue in full force and effect with respect to the entire Property. Hereafter, all references to the Declaration shall be deemed to be references to the Declaration as amended and modified by this Notice. The Declaration as herein amended is hereby ratified and approved.
4. This Notice shall be EFFECTIVE from and after the date of the notary acknowledgment shown below.
W&B Development II, LLC, Declarant By: Bruce Whitis, Manager This instrument was acknowledged before me on July 2 2009, by Bruce Whitis, Manager of W&B Development II, LLC, a Texas limited liability company, on behalf of said limited liability company and as the act and deed thereof.
Rabbi Carrary Notary Public, State of Texas NOTARY PUBLI ROBBIN ELIZARRARAZ NOTARY PUBLIC STATE OF TEXAS COMMISSION EXPIRES: -31-2012 Bell County Shelley Coston County Clerk Belton, Texas 76513 Instrument Number: 2009-00024701 As Recordings Recorded On: July 02, 2009 Parties: W&B DEVELOPMENT II LLC To Comment: SAVANNAH HEIGHTS PHASE III Recordings 15.00 Total Recording: 15.00 (Parties listed above are for Clerks reference only)
ecordings Recorded On: July 02, 2009 Parties: W&B DEVELOPMENT II LLC To Comment: SAVANNAH HEIGHTS PHASE III Recordings 15.00 Total Recording: 15.00 (Parties listed above are for Clerks reference only) Billable Pages: 2 Number of Pages: 3 File Information: Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
Document Number: 2009-00024701 Receipt Number: 55078 Recorded Date/Time: July 02, 2009 02:34:39P User Station: N Mitchell - Cash Station 1 Record and Return To: W & B DEVELOPMENT II LLC 3000 ILLINOIS AVE STE 100 KILLEEN TX 76543 STAT THES TE AS I hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston Bell County Clerk Dully Coston D 148-12 1 of 2 202.94' 96.02 BLOCK 7 120.01 15 bis HARKER HEGHTS CITY LIMITS KILLEEN CITY LIMITS BARKER HEIGHTS CITY LIMITS KILLEEN CITY LIMITS 123 z REMAINDER CLEO BAY & GLENNYS BAY Colled 122.323 ACRES (VOL. 1721, PAGE 869) 20°58'14" E 56.69 C18 N BELLE DRIVEVOL 230) LOCK 8 $57.34 C2 20'58'14" W DARK SOUTHERN BE 2 037 3 4 6 20.00 2037 20.00 RBV.
REMAINDER CLEO BAY & GLENNYS BAY Colled 122.323 ACRES (VOL. 1721, PACE 689) -INDICATES IRON ROD OR CORNER MONUMENT FOUND.
O INDICATES IRON ROD OR CORNER MONUMENT SET C19 N 141 TAX CERTIFICATE The Bell County Tax Office, the taxing authority for all entities in Bell County, Texas, does bereby certify that there are currently no delinquent taxes due or owing on the property described by this plat.
Dated this
ax Office, the taxing authority for all entities in Bell County, Texas, does bereby certify that there are currently no delinquent taxes due or owing on the property described by this plat.
Dated this 6th day of Du BELL COUNTY TAX OFFICE A.D. 2006.
DESCRIPTION S 14170 W S 46'45'51 E 72.35 5'45'51' N 46'45 ' 72.35 ' C26 C25 REMAINDER CLEO BAY & GLENNYS BAY Called 122.323 ACRES (VOL. 1721, PAGE 889) REMAINDER CLEO BAY & GLENNYS BAY Called 122.323 ACRES (VOL. 1721, PAGE 889) SOUTHERN BELLE DRIVE BRO.W.
DELTA ANGLA 903723 9037 24 THIS PROJECT ROSEWOOD AD CI C 42.20 30.00 42.66 $ 24°20'42" W C 47.45 42.66 № 2420 42 C 21.03 20.98 N 59°35'11" 2008 25 60.00 47.00 45.88 N 2702121 44'57'32 60.00 26,73 26.51 N 081217 V 25'31'26 C 60.00 33.28 32.86 N 365128 W 31°46'58 CB 60.31 57.81' ·N 81°32'47" W 57 35 40 160.00 38.98 38.30' $ 5102°46" W 371314 C1 | 47,08 45.88 S 09'57'23 W 44°57'32 CI 60.00 13.84 8.83 S 164441 B 08'26'36 CI 230.01 85.92 65.69 TS 124521 F 162513 013 452.31' 145.65 147.98 5 04'52'09 18°49'47" Ci 129.99 138.51 132.05 C15 147.22 145.86 C16 131.63 87.85 B6.23 Ch 219.99 | 151.47 CIS 280.01 74.51 74,26 148.50 Is 0036'24" 8 011442 2659 49 24" E 61025 38°14'24" 38°26'58 162513 C1 482.31 157.80 $ 04°52'09 184947 620 99.99 106.54 101.57 S 1614'24 I 61°02'54 C21 342.35 161.36 159.87 S 331543 | 2700 16 022 161.63 107.87 105.36 S 0038 24" C2 169.99 130.82 128.25 C24 249.99 172.13 168.75 166 25 C25 101.63 67.8.3 66.58 N 00°38'24 W C26 282.35 133.00 131.65 IN 331543 W 159.99 170.47 162.52 C26 422.31 138.79 138.17 N 0452'09 1 C29 57.12 N 12'45'19 W S 011442 1 3814 24 39°26'59 39°26'58 38°14'2
67.8.3 66.58 N 00°38'24 W C26 282.35 133.00 131.65 IN 331543 W 159.99 170.47 162.52 C26 422.31 138.79 138.17 N 0452'09 1 C29 57.12 N 12'45'19 W S 011442 1 3814 24 39°26'59 39°26'58 38°14'2 270015 610254 184497 16°25'06 By: 7. Te T L DATE BY PROJECT INFORMATION GRAPHIC SCALE TOTAL ACRES 59.42 TOTAL BLOCKS: 8 TOTAL LOTS: 230 PROI. NO CRD. FILE: SVH2 STKOUT SCALE: 1–100,00 DRAFT DATE: JANUARY 2006 DRAWN BY: BC DESIGNED BY: ON S 70°13'25" W STAGECOACH ROAD KNOW ALL MEN BY THESE PRESENTS, that W&B Development, Lad, whose address is 3000 Illinois Ave, Ste. 100, Killeen, TX 76543, Cleo Bay and, Glennys Bay, being sole owners of certain 59.42 acres tract of land in Bell County, Texas, part of the Robert Cunningham Survey, Abstract No. 158, Bell County, Texas, which is more fully described in the dedication of SAVANNAH HEIGHTS, PHASE II, as shown by the plat beroof, attached hereto, and made a part hereon, and approved by the City Council of the City of Killeen, Bell County, Texas, and W&B Development, Ltd., Cleo Bay and, Glennys Bay, do hereby adopt said SAVANNAH HEIGHTS, PHASE II, as an addition to the City of Killoca, Bell County, Texas, and bereby dedicates to said city all streets, avenues, roads, drives, and alleys shown on said plat, the same to be used as public thoroughfares and for the installation and maintenance of public utilities when and as authorized by the City of Killeen. The utility easements shown on said plat are dedicated to said city for the Installation ince of any and all public utilities, which the city may install or permit to be d or WITNESS the execution hereof, on this 16th day of March For: W&B Development, Lid By: G.W. Development, Inc.
General Par Bruce Whitis, Vice President & Secretary-Treasurer 2006 Theo Bay, Ones Cle Poey
WITNESS the execution hereof, on this 16th day of March For: W&B Development, Lid By: G.W. Development, Inc.
General Par Bruce Whitis, Vice President & Secretary-Treasurer 2006 Theo Bay, Ones Cle Poey Glennys Bay Owner Before me, the undersigned authority, on this day personally appeared Bruce Whitis known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that be executed the foregoing instrument as the owner of the property described hereon.
ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS MY COMM. EXP. 10-29-2008 NOTARY BUBLIC STATE OF TEXAS My Commission Expires: 10-29-08 Before me, the undersigned authority, on this day personally appeared Clco Bay known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that he executed the foregoing instrument as the owner of the property described hereon.
ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS MY COMM EXP. 10-29-2008 NOTARY PUBLIC STATE OF TEXAS My Commission Expires: 10-29-08 Before me, the undersigned authority, on this day personally appeared Glennys Bay known to me to be the person whose name is subscribed to the foregoing instrument. It has been acknowledged to me that he executed the focusing instrumenter the owner of the property described hereon.
ANGELA M. CAMP NOTARY PUBLIC STATE OF TEXAS ATY COMM EXP. 10-29-2008 дева та NOTARY PUBLIC STATE OF TEXAS My Commission Expires: 10-24-08 APPROVED this the-27 day of Aarch, 2006 by the Planning and Zoning Commission of the City of Killeen, Bell County, Texas.
CHAIRMAN, PLANNING COMMISSION Fiiki Wenken SECRETARY, PLANNING COMMISSION CENTRAL TEXAS EXPRESSWAY APPROVED this the day of april 2006 by the City Council of the City of Killeen, Bell County, Texas.
.
CHAIRMAN, PLANNING COMMISSION Fiiki Wenken SECRETARY, PLANNING COMMISSION CENTRAL TEXAS EXPRESSWAY APPROVED this the day of april 2006 by the City Council of the City of Killeen, Bell County, Texas.
MAYOR, CITY OF KILLEEN ALLEEN STECITY SECRETARY TEXAS B&C FILED FOR RECORD this day of Nov 2006 in Cabinet D Slide 148 "Plat Records of Bell County, Texas.
STATH OF TEXAS COUNTY OF BELL LAW, KESSLER, REGISTERED PROFESSIONAL LAND SURVIVOR DO HEREBY CERTIFY THAT DID CAUSE THE FLAT ATTACHED HERETO TO BE PREPAKKO FROM AND ACTUAL SURVEY MADE ON THE GROUND AND THAT ALL CORNER MONUMENTS WERE PLACED UNDER MY SUPERVISION IN ACCORDANCE WITH THE SUBDIVISION REGULATIONS OF THE CITY OF KILLEN, BILL CLINTY TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1852 3-17-06 VICINITY MAP N.T.S.
FINAL PLAT OF SAVANNAH HEIGHTS, PHASE II City of Killeen, Bell County, Texas Dedication Vol 6243 Page 670 STADEDGACH FINAL PLAT OF SAVANNAH HEIGHTS, PHASE II PART OF THE ROBERT CUNNINGHAM SURVEY, ABSTRACT NO. 158 BELL COUNTY, TEXAS W&B DEVELOPMENT W & B DEVELOPMENT, LTD.
3000 LUNOS AME KRLEEN, TEXAS PHONE: (254) 953-5353 FAX: (254) 953-5057 SKEET VERA & ASSOCIATES, L.C.
1 3707 SERA DR GEORGETOWN, TEXAS 76628 OF PHONE: (512) 64-9804 FAX (512) 4-2650 2 148 D 148-0 REV of 2 HARKER HEGHTS CITY LIMITS/MA-IRS.
KILLEEN CITY LIMITS N 69°39'23" E 59.95 2.153 ACRE TRACT CLEO GLENN LTD.
(VOL.4123, PG.540) ROSEWOOD ADDITION (CAB. C, SL. 92-C) 3/8" MA47 SAVANNAH HEIGHTS (CAB. D, SL.25-D & 26-A & B) 40 65.00 BLOCK 1 7 6 5 1290 29 7655 65.0 BLOCKI 113 114 BIRMINGHAM CIRCLE 205000 201400 $70.54 ROW 300.22° 3050 30002 BIRMINGHAM CIRCLE ROW 13000 135 127 131 130 128 137 138 129 "38521F 20°58'00 E 202.94' HARKER HECHTS CITY LIMITS 16.02 KILLEEN CITY LIMITS 333 " 2: 10 250 49 BLOCK 7 REMAINDER
4 ROW 300.22° 3050 30002 BIRMINGHAM CIRCLE ROW 13000 135 127 131 130 128 137 138 129 "38521F 20°58'00 E 202.94' HARKER HECHTS CITY LIMITS 16.02 KILLEEN CITY LIMITS 333 " 2: 10 250 49 BLOCK 7 REMAINDER CLEO BAY & GLENNYS HAY Called 122.323 ACRES (VOL 1721, PAGE 2) S 20'58'14" E 56.69' OY OF EL PRE 04°32'45" E -INDICATES IRON ROD OR CORNER MONUMENT FOUND O-INDICATES IRON ROD OR CORNER MONUMENT SET.
57.34 C29 N 2058'14" W 12 5200037 E 10 32 BLOCK 2 BLOCK3 262037 120,00 30 BLOCK BLOCKS BLOCKS Я рабска 12.01' BLOCK 6 2020/37 W 15 120.00 120.00 120 120.00 13 29 20 2012037 20 202037 14 120.0 35 MINGHAM CIRCLE.
120.00 120.00 TT 2020/37 w 12000 200720170035 d 120.00 28 3 38 28 200 2020'37 28 202037w 5 2003 v 16 3,8 5 203037 28 120,00 120.00 11 120.00 205 20.00 120.00 17 + 27 22 " mater 3050/37" 5 2020/37€) 2003 120.00' 15 s 25 5 S2020'37" 520837 302037 120.00 120.00 5 202037 202037" 202037" c 200 120.00 120.00 SOUTHERN 129,00 GROW 25 S 16 25 202037"W 2020/37 w 52070/37 302037" W $ 202037" 2003 w20203£ TORT 129.60 120.00 $20.00 " 120.00 17 25 25 25 BLOCKS 25 120°30'39 € BLOCK 202037 120.00 2020'37* 2020/37w 12000 8202037 E 302037 w BLOCKS +120.00 20/2037 W 120.00 120,00 120.00 Ik 24 24 7 24 7 24 20203 2020 371 202037 W 1 5302037 17 120.00 T12000 202037 8' 3 25 120.00 20 9 21 50375707 120.00 BLOCK1 120.00 Is 1920'57" 5293037 120.9 120.00 BLOCKS 21 120.00' 17 BLOCK 2 120.00 17 125.00 23 8 23 207 W 202037 202037 123.00 BLOCK 3 BLOCK 4 $29.00 120.00 120.00 22 a 27 BLOCK 203037 202037 WHE 203437 w 12000 1200 21 21 2020/37" E 120.00" 2020s w 123:00 202037 202037 W 22 11 20 11 20 " 5 202037 Is '* 2020'37 el 302837 11 199 20237 w $20/2037 702337 120.00 T 25 12 19 12 15 37 2007 12000 120.00 120.00 120.00 120.00 1 13 18 33 18 120.co is 2020/37 2003 120,00 292037 23203 El
20 11 20 " 5 202037 Is '* 2020'37 el 302837 11 199 20237 w $20/2037 702337 120.00 T 25 12 19 12 15 37 2007 12000 120.00 120.00 120.00 120.00 1 13 18 33 18 120.co is 2020/37 2003 120,00 292037 23203 El 10 10 21 2020/37" W 120.00 120.00 30 20 202037 w 12000' 19 19 6 202037 12000 BLOCKS 2 BLOCK 6 8 120.00 202037 E 20.00 BLOCK 4 120.00 2020/375 120.00 4 192037 20*3037°E $20.00 BLOCK 2 120.00 26 16 200 125.00 BLOCKI 7 12 12 292037 2003 w $ 202037€ 2003 3 2020 £ 120.00 13 20/20/37 w 13 18 13 202037 W 8202037 El 12000 120.00 120.00 120.00 5 20°20'37 € 120.00 8!
14 14 Jaat 17 BLOCK 2020'37 120.00 BLOCK 4 120.00 1 BLOCK & BLOCKS 16 BLOCK 6 10 3 til 15 16 12301 $205100 E 27 5 2014 300.00 BIRMINGHAM CIRCLE 60ROW.
_ 5 20800 E BIRMINGHAM CIRCLE -300.0 KOW DESCRIPTION 29 BLOCK J 32 PROI NO.
CBD, FILE: SVH2 STKOUT SCALE 11000 DRAFT DATE: JANUARY 2006 DRAWN BY: BO DESIGNED BY: GN 65.00 ר 31 32 33 24 35 al: 37 25.00 BLOCK 65.00 31 30 650065.00 DATE PROJECT INFORMATION TOTAL ACRES: 59.42 TOTAL BLOCKS: 8 TOTAL LOTS 230 200 5: 41 BIE 42 43 21: லை கள 85.00 65.00 N 20'58'26 W 1597.17 27 DEERWOOD ESTATES (CAB. C, SL. 355-C) GRAPHIC SCALE 25 1 1 21 45 14 +1 45 BIE 48 B 23 65.00 65.00 62.79 250 22 53 20 REMAINDER CLEO BAY & GLENNYS BAY Colled 122.323 ACRES (VOL. 1721, PAGE 889) MATCH LINE THIS PROJECT ROSEWOOD ADD -CENTRAL TEXAS EXPRESSWAY STAGECOACH VICINITY MAP N.T.S.
FINAL PLAT OF SAVANNAH HEIGHTS, PHASE II City of Killeen, Bell County, Texas W&B DEBAT FINAL PLAT OF SAVANNAH HEIGHTS, PHASE II PART OF THE ROBERT CUNNINGHAM SURVEY, ABSTRACT NO. 158 BELL COUNTY, TEXAS W & B DEVELOPMENT, LTD.
3000 LUNDS AVE KILLED, TEXAS PHONE: (254) 853-6363 FAX: (254) 953-5052 Cab D. Slide 148 B+C VERA & ASSOCIATES, L.C.
3307 SERRA DR GEORGETOWN, TEXAS 78628
158 BELL COUNTY, TEXAS W & B DEVELOPMENT, LTD.
3000 LUNDS AVE KILLED, TEXAS PHONE: (254) 853-6363 FAX: (254) 953-5052 Cab D. Slide 148 B+C VERA & ASSOCIATES, L.C.
3307 SERRA DR GEORGETOWN, TEXAS 78628 PHONE: (512) 4-0800 FAX (512) 804-7000 SHERT 2 OF 2 Dedication Vol 6243 Page 670 D 148-0