e March, 1997 SPRING SHADOWS TOWNHOUSES , SECTION I RESTRICTIONS, COVENANTS, CONDITIONS, EASEMENTS RESTRICTIONS; (Ve —eEe——e—eeeeo'— AND MAINTENANCE CHARGE eee THE STATE OF TEXAS KNOW All MEN BY THESE PRESENTS: COUNTY OF HARRIS WHEREAS, JOSEPH J. JOHNSON, hereinafter referred to as "Developer", is the fee simple owner of that certain tract of land containing 20.7428 acres, more or less, located in the A. T. Miles Survey, Abstract No. 556, Harris County, Texas, which is more particularly described as follows: .
BEGINNING at the point of intersection of the East right-of-way line of Gessner Road (60 feet wide) with the North right-of-way line of Kemp Forest Drive (60 feet wide); THENCE North 88 deg. 26 min. 40 sec. East, a distance of 1,263.30 feet to a point for corner; THENCE South 1 deg. 33 min. 20 sec. East 717.00 feet to point for corner ; THENCE South 88 deg. 26 min. 40 sec. West, 1,257.07 feet to point for corner in the East right-of-way line of Gessner Road; THENCE North 2 deg. 03 min. 10 sec. West, a distance of 717.03 feet to the POINT OF BEGINNING, which said tract has been ‘platted as SPRING SHADOWS TOWNHOUSES, SECTION ONE (1), according to the map of plat thereof, recorded in Volume 168, Page 15, of the Map Records of Harris County, and, WHEREAS, Developer desires to develop the property above described, sometimes hereinafter called and referred to as "the property", into and as a residential townhouse subdivision and area to be commonly known as SPRING SHADOWS TOWNHOUSES, SECTION I, and, WHEREAS, in furtherance of his plan of ‘development of the property, and for the purpose of protecting the value and desirability thereof, Developer is desirous of placing and imposing thereon a general and uniform plan or scheme of restrictions, easements 7
property, and for the purpose of protecting the value and desirability thereof, Developer is desirous of placing and imposing thereon a general and uniform plan or scheme of restrictions, easements 7 covenants and conditions: - Page 2 NOW, THEREFORE, Developer, does hereby adopt, place and impose the following restrictions, easements, covenants and conditions, which shall be deemed to be covenants running with the land for the period of their duration, upon each and all of said lots and Property situated in SPRING SHADOWS TOWNHOUSES. SECTION I, except as otherwise stated herein; and if any of the restrictions, covenants and conditions hereinafter set out shall be invalid or shall be held invalid by the final judgement or order of any court of competent jurisdiction, or if any of them shall not be legally enforceable for any reason, the remaining restrictions, covenants and conditions shall not be affected or impaired hereby, but shall remain in full force and effect; and it is agreed that all persons or parties claiming or having any interest in any of said lots or propery in said SPRING SHADOWS TOWNHOUSES, SECTION I, through or under said Developer, his heirs, or assigns, shall be bound by these restrictions, covenants and conditions, and the same shall be and remain in full force and effect until January 1, 2002, at which time said restrictions, covenants and conditions shall automatically be extended for successive period of ten (10) years each, unless during any of said extended periods, after January 1, 2002, by duly recorded instruments signed and acknowledged by the then owners of a majority of the lots in said SPRING SHADOWS TOWNHOUSES, SECTION I, it is agreed to terminate said restrictions,
ry 1, 2002, by duly recorded instruments signed and acknowledged by the then owners of a majority of the lots in said SPRING SHADOWS TOWNHOUSES, SECTION I, it is agreed to terminate said restrictions, covenants or conditions in whole or in part, provided, however, that any partial termination shall be applicable to all lots. If any person, firm or corporation shall violate or attempt to violate any of the restrictions, covenants or conditions hereinbelow set out, it shall be lawful for any person, firm or corporation owning or having any interest in any of the lots or property in said SPRING SHADOWS TOWNHOUSES , SECTION I, to institute and prosecute any suit at law or in equity against the person or party violating or attempting to violate any of said restrictions, covenants or conditions, either to enjoin or prevent him or it from so doing or to recover damages or sther dues or both.
Said restrictions, covenants and conditions constituting said uniform and general plan or scheme to govern the development, improvement, use and occupancy of each 2£ said lots in said townhouse subdivision, known as SPRING SHADOWS TOWNHOUSES, SECTION I, ire as follows, to-wit: - Page 3 1. Land Use and Building Type.
(a) Each residential Lot in SPRING SHADOWS TOWNHOUSES, SECTION I, shall be used and occupied for residential purposes only. The term "residential purposes” as used herein shall be held and construed to exclude hospitals, clinics, duplex houses, apartments, apartment houses, and also to exclude commercial, business and/or professional uses whether from homes, residences or otherwise, and all of such excluded uses are hereby expressly prohibited.
(b) No building shall be erected, altered or placed or permitted to
and/or professional uses whether from homes, residences or otherwise, and all of such excluded uses are hereby expressly prohibited.
(b) No building shall be erected, altered or placed or permitted to remain on any residential lot other than one (1) single-family dwelling not to exceed two stories in height and a private garage/carport for not more than three (3) cars. This restriction shall not prevent the inclusion of one or two-story servant quarters in connection with the garage for the use of bonafide domestic servants, domiciled with an owner or tenant.
2. Architectural Control.
No building shall be erected, placed or altered on any lot in this subdivision until two (2) sets of building plans, specifications and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in this townhouse subdivision, by an Architectural Control Committee composed of JOSEPH J. JOHNSON, EDNA E. JOHNSON, and PAUL A. LEDERER. In the event of the death or resignation of any member of said committee, the remaining member or members of said committee shall have the full authority to pass upon said building plans, specifications and plot plan and to approve or disapprove the same, and said committee may designate a representative with like authority to act for it. In the event said Committee or its designated representative shall fail to appbove or disapprove such plans, specifications or plot plan within thirty (30) days after such plans and specifications have been submitted to it, then such approval shall not be required, and this covenant will be deemed to have been complied with. The Architectural Control Committee shall have - Page 4 -
ecifications have been submitted to it, then such approval shall not be required, and this covenant will be deemed to have been complied with. The Architectural Control Committee shall have - Page 4 full power and authority to reject any plans and specifications that are not in keeping with the construction requirements or architectural design or that might not be compatible with the existing designs or with the development of SPRING SHADOWS TOWNHOUSES, SECTION I, and any and all conditions or circumstances not covered herein shall be decided upon by the Architectural Control Committee, and its decision shall be final. The Architectural Control Committee, at is sole descretion, is hereby permitted to approve deviations in building area and location in instances where, in their judgment, such deviation will result in a more commonly beneficial use. Such approval may be granted in writing prior to construction and when given shall become a part of these restrictions.
Neither the members of such committee nor its designated representative shall be entitled to any compensation for service performed pursuant to the above provisions, and the duties and powers of such committee and its designated representatives shall continue until such time as all lots have been sold to individual home-owners, and by it own prerogative the Architectural Control Committee above designated shall then resign, and all of the powers, duties and functions of said Architectural Control Committee shall then pass to be exercised by an Architectural Control Committee to be designated by the Property Owners of SPRING SHADOWS TOWNHOUSES, SECTION I.
3. Party Walls (a) General Rules of Law to Apply. Each wall which is built as a part of the
itectural Control Committee to be designated by the Property Owners of SPRING SHADOWS TOWNHOUSES, SECTION I.
3. Party Walls (a) General Rules of Law to Apply. Each wall which is built as a part of the original construction or re-construction of the homes upon the property and placed on the dividing line between the townhouse building plots shall] constitute a party wall, and to the extent not inconsistent with the provisions of this paragraph, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. If a wall which is intended as a party wall is situated entirely on one townhouse building plot instead of on the dividing line between townhouse building plots, due to error in construction, such wall shall nevertheless be deemed to be on the dividing line and shall constitute a party wall for the purposes of this paragraph. Reciprocal easements shall exist upon and in favor - Page 5 of the adjoining townhouse building plots for the maintenance, repair and reconstruction of party walls.
(b) Sharing of Repair and Maintenance. The cost of reasonable repairs and maintenance of a party wall shall be shared by the lot owners who make use of the wall in proportion to such use.
(c) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any lot owner who has used the wall may restore it, and if the adjoining lot owner thereafter shall make use of the wall, he shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right or any such lot owner restoring such party wall to call for a larger contribution from the adjoining
the cost of restoration thereof in proportion to such use, without prejudice, however, to the right or any such lot owner restoring such party wall to call for a larger contribution from the adjoining lot owner under the rules of law regarding liability for negligent or willful acts or omissions.
(d) Weatherproofing. Notwithstanding any other provision of this paragraph, a lot owner who by his negligence or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protections against such elements.
(e) Right to Contribution Runs with Land. The right of any lot owner to contribution from any adjoining lot owner under this paragraph shall be appurtenant to the land and shall pass to such lot owner's successors in title.
(£) Arbitration. In the event any dispute arising concerning a party wall, or under the provisions of this paragraph, each party shall choose one arbitrator, and such arbitrator shall choose one additional arbitrator, and the decisions shall be by a majority of all the arbitrators. Should any party refuse to choose an arbitrator within ten (10) days after written request therefor, hes architectural Control Committee shall select an arbitrator for the refusing party.
4, Windows and Side Walls No windows or openings shall be permitted in the side walls or fences, except walls or fences on the street side of corner lots or those approved by the Architectural - Page 6 Control Committee. All side walls shall conform to the building code of the City of Houston, Texas, and shall be in keeping with construction requirements and architectural designs approved by the Architectural Control Committee.
5. Re-Subdividing of Plots Any lot or part thereof may be re-subdivided or consolidated with any adjoining
ction requirements and architectural designs approved by the Architectural Control Committee.
5. Re-Subdividing of Plots Any lot or part thereof may be re-subdivided or consolidated with any adjoining lot or lots or part or parts thereof to constitute a single building plot on which a residence may be constructed, provided that the same shall be approved by the Architectural Control Committee. The word "lot" or "building plot" as used in this instrument shall mean and include lots as originally platted as well as any and all building plots which may be formed or constituted in accordance with the provisions of this paragraph, and whenever a building plot is formed and constituted under the provisions of this paragraph, the same shall be deemed to be a "lot" for all purposes of this instrument. No townhouse shall be erected or placed upon any building plot containing less than 2,000 square feet in area or have a width of less than 20 feet at the front building setback line shown on the recorded plat of this townhouse subdivision, provided, however, that all building plots shall comply with the minimum size requirements established by the City of Houston.
6. Dwelling Size No residential structure shall be placed on a lot wmless its living area consists of a minimum of 1,250 square feet.
7. Easements {a) Each townhouse lot or building plot and the property included in the streets, drive ways, roads and common areas shall be subject to an easement for encroachments created by construction, settling and overhangs. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist.
(b) There is hereby created a blanket easement upon, across, over and under all
gs. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist.
(b) There is hereby created a blanket easement upon, across, over and under all of said property for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, gas, telephone and electricity, and a master television antema system, if any. By - Page 7 virtue if this easement, it shall be expressly permissible for the providing electrical and/or telephone company to erect and maintain the necessary poles and other necessary equipment on said property and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across, and under the roofs and exterior walls of said townhouses. An easement is further granted to all police, fire protection, ambulance, garbage and trash collector pick-up vehicles and all similar persons to enter upon the streets, ‘Hetoeweye, roads and common areas in the performance of their duties. Further, an easement is hereby granted to Developer, his assigns, to enter in or to cross over the streets, driveways, roads and common areas and any lot to perform the duties of maintenance and repair of the townhouses or streets, driveways, roads or common areas provided for herein. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines,, water lines, or other utilities may be installed or relocated on said property except as initially programmed and approved by Developer, or thereafter approved by the Architectural Control Committee. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by separate recordable
r thereafter approved by the Architectural Control Committee. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by separate recordable document, Developer shall have the right to grant such easement on said property without conflicting with the terms hereof. The easements provided for in this section shall in no way affect any other recorded easement. on said premises.
(c) Developer reserves the right to make minor changes and additions to the above easements, as to any lots owned by him, for the purpose of efficiently and economically installing and operating the above mentioned utilities.
Underground Utility Services (a) Underground Electric Service. An underground electric distribution system will in installed to serve each of the townhouses building plots. The owner of each townhouse building plot shall, at his own cost, furnish, install, own and maintain (all in accordance with the requirements of local governing authorities and the national electrical code) the underground service cable and - Page 8 appurtenances from the point of the electric company's metering on customer's structure to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attachments to be made available by the electric company at a point designated by such company at the property line of each townhouse building plot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition the owner of each townhouse building plot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing
ach townhouse building plot shall, at his own cost, furnish, install, own and maintain a meter loop (in accordance with the then current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for the residence constructed on such owner's townhouse building plot. For so long as underground service is maintained, the electric service to each townhouse building plot shall be uniform in character and exclusively of the type known as single phase, 120/240 volt, three-wire, sixty cycle alternating current.
(b) Telephone Service. _ Telephone service shall be available to each townhouse building plot and the recreational area. Service between the telephone company’s main lines and an individual residence shall be wholly or partly by way of underground conduit. Such conduit system shall be owned and maintained by the lot owner, but all service wires therein shall be installed, owned and maintained by the telephone company.
(c) Water Service. Water service shall be provided to each townhouse building plot and to the recreational area by way of water lines connected to water mains of the City of Houston.
(d) Sanitary Sewer Service. Sanitary sewer service shal] be provided to each townhouse building plot by means of sanitary sewer lines which shall be connected to the sanitary sewer lines of the City of Houston for final treatment. That portion of the sanitary sewer service line from the point that it crosses the property line of each townhouse building plot to and throughout the residence shall be owned and maintained by the lot owner.
9.
10.
- Page 9 (e) Use of Easements. Easements for underground utility services may be
f each townhouse building plot to and throughout the residence shall be owned and maintained by the lot owner.
9.
10.
- Page 9 (e) Use of Easements. Easements for underground utility services may be crossed by paved streets, driveways and walkways. Neither Developer nor any utility company using the easements shall be liable to any lot owner for any damage done by either of them or their assigns, agents, employees or servants, to the shrubbery, trees, lawns, flowers, or other improvements of the lot owner located on the land covered by said easements.
Utility Bills, Taxes and Insurance (a) Each lot owner shall directly pay at his own cost and expense for gas, electricity and other utilities used or consumed by him other than water and sanitary sewer service. The cost of water and sanitary sewer service for each lot owner shall be paid for out of the maintenance fund as hereinafter provided.
(b) Each lot owner shall directly render for taxation his own townhouse building plot and his improvements and property thereon, and shall at his own cost and expense directly pay all taxes, levied or assessed against or upon his townhouse building plot and his improvements and property thereon.
(c) Each lot owner shall be responsible at his own cost and expense for his own property insurance on the building and contents of his own residence and garage, and his additions and improvements thereto, including decorations, furnishings and personal property therein, and his personal property stored elsewhere on the property; and also for his personal liability not covered by liability insurance for all lot owners obtained as a part of the common expense in connéction with the common areas.
Nuisances No noxious or offensive activity shall be carried on upon any lot nor shall
ability insurance for all lot owners obtained as a part of the common expense in connéction with the common areas.
Nuisances No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may become or be a nuisance to the neighborhood.
as Animals The raising or keeping of hogs, horses, poultry, fowl, or other livestock on any property in this townhouse subdivision is strictly prohibited. Dogs, cats or other household pets (not to exceed a total of Two (2) pets) may be kept, but they shall not be kept for commercial purposes.
- Page 10 12. Water Wells, Septic Tanks No water well, septic system or cesspool shall be permitted on any lot.
13. Sale of Intoxicants and Other Illegal Activities No spiritous, vinous, malt liquors or medicated bitters, capable of producing intoxication shall be sold or offered for sale on any lot in this townhouse subdivision, nor shall any other type or kind of business whatsoever be permitted thereon. No lot in this townhouse subdivision shall be used for any vicious, illegal or immoral Purpose, nor for any purpose in violation of the laws of the State of Texas or the United States, or in violation of police, health, sanitary, building or fire codes, or regulations or instructions relating to or affecting the use of or occupancy of possession of any of said lots.
14. Sales Office A sales and/or construction office may be built and used on any lot or lots in this subdivision by Developer, until all lots in SPRING SHADOWS TOWNHOUSES, SECTION I are sold to individual home owners.
15. Signs No sign of any kind shall be displayed to the public view, except that one sign of not more than six (6) square feet may be used by builders to advertise the merits of
ndividual home owners.
15. Signs No sign of any kind shall be displayed to the public view, except that one sign of not more than six (6) square feet may be used by builders to advertise the merits of the property for sale or rent during the construction and sales period.
16. Oil, Gas and Mining Operations No oil and gas drilling, oil and gas development operations or oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any lot, nor shall oil and gas wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot.
17. Refuse and Garbage No lot shall be used or maintained as a dumping ground for rubbish, trash, or garbage. Other wastes shall not be kept except in Sanitary containers. All incinerators o¥ other equipment for the storage or disposal of such material shall be kept in a clean sanitary condition. There is hereby reserved in favor of Developer the determination - Page 11 of the method of garbage disposal, whether through public authority or private garbage disposal service.
18. Boats and Trailers No boats or trailers may be parked in front or back of any residence.
19. Temporary Structures No trailer, tent, shack, garage or other out-building erected on any residential building site shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
20. Parking No vehicle shall be parked on streets or dirveways so as to obstruct ingress and egress by the owners of lots, their families, guests and invitees except for the reasonable needs of emergency, construction, or service vehicles for a time limited to as briefly as possible. For a period not to exceed Forty-Eight (48) hours, family, quesi:s
nvitees except for the reasonable needs of emergency, construction, or service vehicles for a time limited to as briefly as possible. For a period not to exceed Forty-Eight (48) hours, family, quesi:s and invitees of owners of lots may park their vehicles in the guest parking areas. Guest parking areas are not intended for use by the owners of lots for parking or storing boats, trailers, camping units, or any personal vehicles and the Architectural Control Committee may insure the proper use of said areas in such legal manner as it deems necessary.
21. Planting and Gardening Except in the individual patio area — to a townhouse, no planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon said property, except as installed in accordance with the initial construction of the building or as approved by the Architectural Control Committee. Maintenance, upkeep and repairs of any patio shall be the sole responsibility of the individual lot owner and not in any manner the responsibility of the Developer, or his assigns.
22. Rights of Mortgagees, Trustees or Lienholders No violation of any of these Hembedelidonse, covenants or conditions, shall affect or impair the rights of any Mortgagee, Trustee or Lienholder under any mortgage or deed of trust, or the rights of any assignee of any Mortgagee, Trustee or Lienholder under any such mortgage of deed of trust.
~ Page 12 23. Maintenance Program and Fund Fach and every lot or building plot hereafter sold by Developer (whether now owned or hereafter acquired by him) to any home buyer shall be automatically assessed and subjected to an annual maintenance charge as hereinafter more particularly provided, it being the intent hereof that all lots and building plots in said SPRING SHADOWS
be automatically assessed and subjected to an annual maintenance charge as hereinafter more particularly provided, it being the intent hereof that all lots and building plots in said SPRING SHADOWS TOWNHOUSES, SECTION I shall be assessed and subjected to said annual maintenance charge except that no lot or building plot shall be assessed or subjected to any maintenance charge while owned by Developer. The amount of the annual maintenance charge assessment against each lot or building plot shall be Four Hundred Eighty and No/100 ($480.00) Dollars. The full amount of the annual maintenance charge shall be paid in advance on the ist day of January of each year, but as each lot or building plot is sold as above provided during any calendar year, the purchaser shall pay in advance a prorata part of said annual maintenance charge for the balance of the calendar year in which the sale is consunmated, and on the ist day of January next following he shall pay his full assessment for the ensuing calendar year. Said annual maintenance charge shall be paid to SPRING SHADOWS TOWNHOUSES, Maintenance Fund, or to such representative, organization, firm or corporation as the hereinbefore mentioned Architectural Control Committee may designate from time to time.
The Architectural Control Committee hereinabove mentioned, or any representative, organization, firm or corporation designated by it to collect said annual maintenance charge, shall administer, control and expend all maintenance charges paid into said maintenance fund for the common use and benefit of the property owners in said SPRING SHADOWS TOWNHOUSES, SECTION" I, and among other purposes said maintenance fund may be used, to extent sufficient, to pay expenses for the upkeep and maintenance of the streets,
y owners in said SPRING SHADOWS TOWNHOUSES, SECTION" I, and among other purposes said maintenance fund may be used, to extent sufficient, to pay expenses for the upkeep and maintenance of the streets, alleys and common areas in said subdivision, for patrol service, for operating gas and electric lights in this subdivision, for water service provided to each townhouse building plot, for cutting qnaae “in vacant lots and for the care and maintenance of a swimming POOl, club house and other recreational facilities as now exist or which may hereafter be ee - Page 13 constructed for the common use, benefit and enjoyment of the owners and/or occupants of the building plots which form part of the property, or any additions thereto, provided, however, that this shall not be construed as creating any obligation on the part of the Developer, his heirs or assigns, to construct any such recreational facilities. The good faith decisions and acts of said Architectural Control Committee or other administrator of said maintenance fund in the administration or expediture of such funds shall be binding and conclusive on all parties at interest.
After a property owners association or civic club consisting of the individual owners of lots or building plots in SPRING SHADOWS TOWNNOUSES, SECTION I, shall be organized by the Developer or the individual lot owners, and all residential lots or building plots in this townhouse subdivision have been sold to individual purchasers as above stated, then such association or club or a committee or representative appointed by it shall take over as custodian and administrator of said maintenance fund and shall collect, manage, control, and expend the maintenance charges for the purposes hereinabove
presentative appointed by it shall take over as custodian and administrator of said maintenance fund and shall collect, manage, control, and expend the maintenance charges for the purposes hereinabove set out, and Developer and the Architectural Control Committee shall be automatically released from further liability with respect thereto. Developer, through said Architectural Control Committee above named, may at his option transfer the collection and administration of said maintenance charges to said association or club prior to the time that all of said residential lots have been sold to individuals as above stated.
The annual maintenance charges may be adjusted from year to year by said Architectural Control Committee above named, or by the representative designated by it to administer said maintenance fund, or by the above méntioned association or club after it takes over the collection and administration of such charge, as in its or their judgment the needs of the property in this townhouse subdivision may require, provided that any increase in the maintenance charge shall be calculated and determined as of the first day of January of each year as follows: the — by which the average of the Consumer Price Index (All Items, United States City Average, as published by the Bureau of Labor Statistics) for the most recent twelve months for which such information is available on each assessment date may have increased over the annual average of said Index for the - Page 14 - \ calendar year 1971 shall be determined, and the maximum annual maintenance charge \ hereunder for the particular calendar year shall be the sum of Four Hundred Eighty and \ no/100 ($480.00) Dollars per lot or building plot, increased by the same percentage
annual maintenance charge \ hereunder for the particular calendar year shall be the sum of Four Hundred Eighty and \ no/100 ($480.00) Dollars per lot or building plot, increased by the same percentage increase as the Consumer Price Index shall have increased according to the aforesaid determination. But as above stated the lots owned by Developer, shall not be assessed or subjected to any maintenance charge while owned by him. Whenever said annual maintenance charge shall be increased in accordance with the provisions of this paragraph, such increase shall be binding upon all property owners, in SPRING SHADOWS TOWNHOUSES, SECTION I, whose lots are subjected to and who are required to pay the annual maintenance charge as hereinabove set out.
Said annual maintenance charge shall continue and be in full force and effect until January 1, 2002, and thereafter shall continue and be in effect for successive extended periods of five (5) years each, unless during any five-year extended period after January 1, 2002 the then owners of a simple majority of the residential lots or building plots in SPRING SHADOWS TOWNHOUSES, SECTION I shall agree by written instrument duly signed, acknowledged and filed for record, to terminate and discontinue the maintenance charge.
It is contemplated that other sections of SPRING SHADOWS TOWNHOUSES may be platted and subdivided on lands in the vicinity of SPRING SHADOWS TOWNHOUSES, SECTION Ly and the funds represented by the collection of this maintenance charge for residential lots in this SECTION I may be combined with funds collected from the owners of residential lots in sections of SPRING SHADOWS TOWNHOUSES subsequently platted and subdivided.
24. Special Assessnment for Capital Improvements
may be combined with funds collected from the owners of residential lots in sections of SPRING SHADOWS TOWNHOUSES subsequently platted and subdivided.
24. Special Assessnment for Capital Improvements In addition to the annual assessments authorized above, the Architectural] Control Committee, or the above named association after it takes over administration of the fund, may levy a special assessment for a definite total amount which shall be equal and the same for each townhouse building plot assessed, for the purpose of defraying, in whole or in part, the cost of construction, recsnetauetiion, repair or replacement of a capital improvement upon the common areas, including fixtures and personal property - Page 15 related thereto, provided that,stich assessment shall have the written assent of the owners of at least Fifty-one percent (51%) of the lots in SPRING SHADOWS TOWNHOUSES, SECTION I.
Such assessment may be payable in installments or in a lump sum as said Architectural Control Committee or association may provide, but in any event the total amount of such special assessment shall be paid in full within twelve (12) months from the date assent of the lot owners as above provided is obtained.
25. Lien to Secure Assessments Each and every assessment, regular or special, made or levied by the Architectural Control Committee or the said association against the owner of a townhouse building plot as herein provided, shall constitute and be secured by a separate and valid and subsisting lien hereby erected and fixed and which shall exist upon and against his townhouse building plot and all improvements thereon, which lien shall exist in favor of “ Developer or the said assiciation for the benefit of all owners. Such lien shall besprior
pon and against his townhouse building plot and all improvements thereon, which lien shall exist in favor of “ Developer or the said assiciation for the benefit of all owners. Such lien shall besprior and superior to all other liens, except that the same shall be subordinate, secondary and, .
inferior to (a) all liens for taxes or special assessments levied by the City, County and State governments or any political subdivision or special district thereof, (b) all liens securing amounts due or to become due under any mortgage, vendor's lien or deed of trust filed for record prior to the date payment of any such assessment became due and payable, and (c) all liens, including but not limited to vendor's liens and deeds of trust, securing any loan made to a purchaser for any part of the purchase price of any townhouse building plot when the same is purchased from the Developer, or his assigns as the builder. Any foreclosure of any such prior or superior lien under the power of sale of any mortgage. deed of trust or other security instrument, or through court proceedings in which Developer or said association has been made a party, shall cut off and extinguish the liens securing assessments levied and made prior to such foreclosure date, but no such foreclosure shall free the townhouse building Bilt from the liens securing assessments thereafter levied.
26. Effect of Non-payment of Assessments If any assessment is not paid within thirty (30) days after the due date - Page 16 thereof, the same shall bear interest from the due date until paid at the rate of Six percent (6%) per annum. Developer, or the association if then in existence, may bring an action at law or in equity against the owner personally obligated to pay the same to
il paid at the rate of Six percent (6%) per annum. Developer, or the association if then in existence, may bring an action at law or in equity against the owner personally obligated to pay the same to enforce collection and/or for foreclosure of the lien against his townhouse building plot.
Each such owner, by his assertion of title or claim of ownership or by his acceptance of a deed to a plot hereby expressly vests in Developer, and in the association when organized, the right, power and authority to institute all actions against such owner personally for the collection of such assessment, charges and debts and to enforce the abovementioned liens by all methods available for the collection of debts and enforcement of liens. All such actions may be instituted and brought in the name of the Developer or the association and may be maintained and prosecuted by Developer or the association in a like manner is an action to foreclose the lien of a mortgage or deed of trust on real property.
27. Dedication of Streets, Driveways, Roads and Common Areas Those portions of the Property described and shown on the recorded map or plat of SPRING SHADOWS TOWNHOUSES, SECTION I, aS private streets, driveways and common areas and improvements located thereon, are hereby dedicated, established and set aside for the common use, benefit and enjonent of the owners and/or occupants of the residential building plots which form a part of the property, or any additions thereto, and it is agreed that each owner of a residential lot or building plot in SPRING SHADOWS TOWNHOUSES, SECTION I, and the properties which may be annexed thereto: from time to time, shall bear common and equal rights and interests in said tracts.
The costs and expenses for the upkeep, maintenance, repair, operation,
the properties which may be annexed thereto: from time to time, shall bear common and equal rights and interests in said tracts.
The costs and expenses for the upkeep, maintenance, repair, operation, insurance and taxes for said tracts and the improvements thereon shall be paid out of the maintenance charges collected in this subdivision. The Architectural Control Committee, or the abovementioned property owners association or civic club after it takes over the collection and administration of the maintenence charge, shall supervise and have charge of said tracts and make and enforce reasonable rules and regulations governing the use and enjoyment. of said tracts and any recreational facilities located thereon, and Developer may, at his option, convey legal title to the said property owners association, or its - Page 17 board of directors, and their successors in office or to some person or persons, organizations or corporation, as Developer may elect, but in trust nevertheless for the common use, benefit and enjoyment of the owners of residential lots or building plots in said SPRING SHADOWS TOWNHOUSES, SECTION I, and any properties subsequently annexed thereto. It is expressly agreed and understood that the rights, titles and interest in Said tracts of each owner of a lot or building plot in said SPRING SHADOWS TOWNHOUSES, SECTION I shall follow the title to his lot, and upon any transfer of title to his lot, howsoever effected and whether voluntary or involuntary, the person, firm or corporation succeeding to or acquiring such title shall also succeed to and acquire all to the rights, titles and interest of said owner in and to said tracts. All streets designated as public streets on said recorded map or plat are hereby dedicated to the use of the public.
acquire all to the rights, titles and interest of said owner in and to said tracts. All streets designated as public streets on said recorded map or plat are hereby dedicated to the use of the public.
The use and enjoyment of the recreational facilities, if any, by the owners of the residential building plots in this townhouse subdivision shall be subject to the following provisions: (1) the right of the Developer, or his assigns, to limit the number of guests of the lot owners; (2) the right of the Developer, or his assigns, to charge reasonable fees for the use of the recreational facilities, if any; (3) the right of the Developer, or his assigns, to borrow money for the purpose of improving the recreational facilities and in aid thereof to mortgage said property. The rights of such mortagee in said property shall be subordinate to the rights of the lot owners; (4) the right of the Developer, or his assigns, to suspend the right to use of the recreational facilities by a lot owner for any period during, which any assessment against his lot remains unpaid, and for any infraction of the rules and waplatione promulgated by the Architectural Control Committee as hereinabove provided.
- Page 18 28. Exterior Maintenance Except as otherwise provided below, it shall be the duty, responsibility and obligation of each Owner, at such Owner's sole cost and expense, to maintain, repair, replace and care for, including the treatment for termites and other pests, the exterior of such Owner's residence townhouse and improvements on such Owner's Lot, inclusive of all gutters and downspouts (if any), exterior building surfaces, roofs, foundations, glass surfaces, enclosed patio and yard areas (if any), window and door fixtures and hardware,
's Lot, inclusive of all gutters and downspouts (if any), exterior building surfaces, roofs, foundations, glass surfaces, enclosed patio and yard areas (if any), window and door fixtures and hardware, landscaping installed by Owner (if any), exterior light fixtures operated from a residence, air conditioning equipment, utility conpany meters, circuit breakers and switch panels, and utility lines, pipes, cables and conduits (including, but not limited to, sanitary sewer, gas and electric power) located within the boundaries of such residence townhouse and improvements on such Lot. The Association shall have no duty or obligation to any Owner in this regard.
The Spring Shadows Townhouses Association, Inc. (the "Association") , as successor to the Architectural Control Committee, shall be responsible for the Maintenance, repair and replacement of the Common Area and all improvements located thereon, including, but not Limited to, the private streets and driveways, clubhouse, gazebos, swimming pool, tennis courts, landscaping and exterior fences. As used in this paragraph, the phrase "exterior fences" shall mean and refer to any fences constructed along the perimeter of SPRING SHADOWS TOWNHOUSES, SECTION I and any fences which separate an Owner's Lot from the Common Area, but shall not include any fences which separate an Owner's Lot from another Owner's Lot. In addition, the Association shall be responsible for the painting of all exterior building surfaces and trim originally painted by the Developer.
| caused through the willful or negligent act of an Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of
pair to the Common Area is | caused through the willful or negligent act of an Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Owner's Lot is subject.
~ Page 19 In the event an Owner is responsible for certain exterior maintenance as herein provided, and such Owner shall fail to perform such exterior maintenance in a manner satisfactory to the Association, then the Association shall have the right, but not the obligation, through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and any improvements erected thereon. The cost of such exceriee Maintenance shall be added to and become part of the assessment to which such Lot is subject. | 29. Interior Maintenance All fixtures and equipment installed within a townhouse, commencing at a point where the utility lines, pipes, wires conduit or systems enter the exterior walls of the townhouses, shall be maintained and kept in repair by the owner thereof. An owner shall do no act nor any work which will impair the structural soundness or integrity of another townhouse or impair any easement or hereditament, nor do any act nor allow any conditions to exist which will adversely affect the other townhouses or their owners.
30. Annexation of Additional Properties Additional residential property may be annexed from time to time by Developer without the consent of lot owners within ten (10) years from the date hereof, bye instrument duly recorded. After ten (10) years from date hereof, any annexation or addition shall require the written assent of the owners of at least Fifty-one percent (51%) of the lots or building plots in SPRING SHADOWS TOWNHOUSES, SECTION I. The property
ereof, any annexation or addition shall require the written assent of the owners of at least Fifty-one percent (51%) of the lots or building plots in SPRING SHADOWS TOWNHOUSES, SECTION I. The property so added or annexed at any time and from time to time shal] be governed by and be subject to each and all of the provisions of this instrument in the same manner as if such added or annexed property was originally included in the initial development. Developer shall not be under any obligation to annex additional property.
31. Violation of Restrictions Violations of any restrictions, conditions or covenant herein shall give Developer, and his assigns the right to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the lot or building plot owner, and such entry and abatement or removal shall not be deemed a trespass.
- Page 20 32. Joinder of Lienholders The undersigned lienholders join in the execution of this instrument for the purpose of evidencing their consent and agreement to the establishment of the foregoing restrictions on the land described herein.
EXECUTED this the day of March, A.D., 1972 REKK NOTICE kAKK This document is a reprint of the SPRING SHADOWS TOWNHOUSES, SECTTON I RESTRICTIONS, COVENANTS, EASEMENTS AND MAINTENANCE CHARGE document currently filed with the STATE oF TEXAS, COUNTY OF HARRIS. ; The document has been amended twice Since it original filing. Both amendments were concerned with Paragraph 28 and dated as follows: 1. Original filing: April 13, 1972 2. First amendment filing: June 1, 1972 3. Second amendment filing: May 6, 1996 The latest amended Paragraph 28 is the one used in this document. This amendment was issued to all homeowners of record in June 1996.