Doc# 2004034202 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VILLAGE OF BISCAYNE BAY 433732w LSJ 351074-IS 512412.00-f TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VILLAGE OF BISCAYNE BAY ...................................................................................................... !
ARTICLE I. Defmitions ................................................................................................................... 2 Section 1. Specific Definitions ........................................................................................................ 2 Section 2. Other Defined Tenns ...................................................................................................... 6 ARTICLE II. Easement ofEnjo:yment ............................................................................................ 6 Section 1. Use of Common Area ..................................................................................................... 6 Section 2. Delegation ...................................................................................................................... 7 Section 3. Conveyances to the Association ..................................................................................... 7 ARTICLE III Establishment of General Plan ................................................................................ 8 Section l. General Plan and Declaration ......................................................................................... 8 Section 2. Equitable Servitudes ........................................................................................................ 8
........................................................... 8 Section 2. Equitable Servitudes ........................................................................................................ 8 Section 3. Covenants Appurtenant .................................................................................................. 8 ARTICLE IV. Management and Operation ofProperties ............................................................ 8 Section 1. Management by Association ........................................................................................... 8 Section 2. Board of Directors ........................................................................................................ ! 0 Section 3. Membership in Association ........................................................................................... ! 0 Section 4. Voting and Membership Limitations ........................................................................... ! 0 Section 5. Voting .......................................................................................................................... !!
Section 6. Compensation of Board ................................................................................................ !!
Section 7. Power to Enforce Declaration and Rules and Regulations .......................................... II Section 8. Limitation on Liability ................................................................................................ 12 Section 9. Intentionally Deleted ................................................................................................... 12 Section 10. Indemnification .......................................................................................................... 12
........................................................... 12 Section 10. Indemnification .......................................................................................................... 12 Section 11. Power to Gmnt Easements ......................................................................................... 14 Section 12. Inspection ofRecords ................................................................................................. l4 Section 13. Rillhl ofEntJy: Enforcement by SelfHelp ................................................................. l4 ARTICLE V. Maintenance ............................................................................................................. l4 Section !. Association's Responsibility ......................................................................................... 14 Section 2. Owner's Responsibilities .............................................................................................. 15 Section 3. Prutv Fences ................................................................................................................. 16 ARTICLE VII. At·chitectnral Approval ....................................................................................... !?
Section J. Architectural Review Committee ................................................................................. l7 Section 2. Approval oflmprovements Required .......................................................................... l7 Section3. Address ofCommittee ................................................................................................. 17
.................................................................. l7 Section3. Address ofCommittee ................................................................................................. 17 .JJ3732w LSJ 351074-15 5124/.!0!l·!
Section 4. Submission of Plans ..................................................................................................... 17 Section 5. Criteria for ApProval .................................................................................................... 18 Section 6. Village Architectural Guidelines/Neighborhood Guidelines ....................................... 18 Section 7. Decision ofCommittee ................................................................................................. 18 Section 8. Failure of Committee to Act on Plans .......................................................................... \9 Section 9. Prosecution of Work After ApProval ............................................................................ 19 Section 10. Inspection ofWork.. ................................................................................................... 19 Section II. Notice ofNoncompliance ............................................................................................ 19 Section 12. Correction of Noncompliance .................................................................................... 20 Section 13. No Implied Waiver or Estoppel ................................................................................. 20 Section 14. Power to Grant Variances .......................................................................................... 20 Section 15. Reimbursement of Architectural Review Committee ................................................ 21
..................................................................................... 20 Section 15. Reimbursement of Architectural Review Committee ................................................ 21 Section 16. Delegation of Authmity ............................................................................................. 21 Section 17. Authority to Charge Fees ........................................................................................... 21 Section 18. Non-liability for Architectural Review Committee Action ....................................... 21 Section 19. Conshuction Period Exception ................................................................................... 21 Section20. Master CCR's Archi~ectural Review .......................................................................... 22 ARTICLE VIII. Architectural Restrictions .................................................................................. 22 Section 1. Residence Size .............................................................................................................. 22 Section 2. Height and Character of Residence .............................................................................. 22 Section 3. Location of Residence .................................................................................................. 22 Section 4. Exterior Walls ............................................................................................................. 22 Section 5. Use of Temporary Structures ....................................................................................... 22 Section 6. Drainage ....................................................................................................................... 22
...................................................... 22 Section 6. Drainage ....................................................................................................................... 22 Section 7. Carports/Garages ......................................................................................................... 23 Section 8. Roofs ............................................................................................................................ 23 Section 9. Grass, Shrubbery and Landscaping ............................................................................. 23 Section J J. Flagpoles .................................................................................................................... 25 Section 12. Extelior Lighting ........................................................................................................ 25 Section !3. Sound Devices ........................................................................................................... 25 Section 14. Window Treatment .................................................................................................... 26 Section J 5. Air Conditioners ......................................................................................................... 26 Section 16. Tents, Mobile Homes and Temporary Structnres ...................................................... 26 Section 17. Drainage ..................................................................................................................... 26
...................................................... 26 Section 17. Drainage ..................................................................................................................... 26 Section 18. Sight Distance at Intersections ................................................................................... 26 Section 19. Artificial Vegetation. Exterior Scnlptnre and Similar Items ....................................... 27 Section 20. Playgronnd ................................................................................................................. 27 Section 21. Walls. Fences and Hedges .......................................................................................... 27 Section 22. Exterior Paint. ............................................................................................................. 27 ARTICLE IX. Use Restrictions ...................................................................................................... 28 Section 1. General ............ -............................................................................................................ 28 Section 2. Single Family Residential Use ..................................................................................... 28 Section 3. Occupants Bound ......................................................................................................... 28 4331J2.w LSJ 35Hfl4-15 S/2-41!00~ Section 4. Quiet Enjoyment .......................................................................................................... 28 Section 5. Business Use ................................................................................................................ 29
......................................................... 28 Section 5. Business Use ................................................................................................................ 29 Section 6. Definition of"Business" and "Trade" .......................................................................... 29 Section 7. Unsightly or Unkempt Conditions ............................................................................... 29 Section 8. Leasing of Lots or Tract ............................................................................................... 30 Section 9. Complim1ce with Declaration. By-Laws and Rules and Regulations ......................... .30 Section 10. Laws and Ordinm1ces ................................................................................................. 30 Section 11. Subdivision of Lots ................................................................................................... .30 Section 12. Parking and Prohibited Vehicles ............................................................................... .31 Section 13. No Hazardous Activities ............................................................................................ 31 Section 14. On-Site Fuel Storage ................................................................................................. 31 Section 15. Removal of Trash and Debris During Construction ................................................... 31 Section 16. Lighting ....................................................................................................................... 32 Section 17. Excavation and Tree Removal ................................................................................... 32
...................................................................... 32 Section 17. Excavation and Tree Removal ................................................................................... 32 Section 18. Damage or Destruction oflmprovements .................................................................. .32 Section 19. Restrictions on Gm·bage and Trash ............................................................................ 32 Section20. Clothes Drying ............................................................................................................ 33 Section21. Animals ..................................................................................................................... 33 Section 22. Signs and Billboards .................................................................................................. 33 Section 23. Oil m1d Mining Operations ......................................................................................... 33 Section 24. Treatment Facilities .................................................................................................... 33 ARTICLE X. Covenants for Assessments ..................................................................................... 34 Section I. Creation ofthe Lien and Personal Obligation for Assessments ................................... 34 Section 2. Annual Assessments ..................................................................................................... 34 Section 3. Maximum A1mual Assessments ................................................................................... 36 Section4A. Special Assessments for Capital Improvements ....................................................... 37
.................................................................................. 36 Section4A. Special Assessments for Capital Improvements ....................................................... 37 Section4B. Capitalization Fee ...................................................................................................... 37 Section 4C. Conveym1ce Fee ......................................................................................................... 38 Section 5. Notice and Quorum of any Action Authorized ............................................................ 39 Section 6. Reimbursement Assessments ....................................................................................... 39 Section 7. Estoppel/Resale Certificates ......................................................................................... 40 Section 8. Attribntion of Payments ............................................................................................... 40 Section 9. Effect ofNonpayment of Assessments ...................................................................... ..40 Section 10. Contractual Lien .......................................................................................................... 40 Section 11. Non-Use. Etc ............................................................................................................. ..42 Section 12. Exempt Portions of the Properties .............................................................................. .42 Section 13. No Offsets ................................................................................................................... 42 Section 14. Subordination of the Lien to Mortgages ................................................................... ..42
......................................................................... 42 Section 14. Subordination of the Lien to Mortgages ................................................................... ..42 .ARTICLE XI. F.asements anrllltilities ...... ,, ................................................................................. 42 Section 1. Title to Utility Lines ................................................................................................... ..43 Section 2. Association Easements ................................................................................................. 43 Section 3. Easements for Utilities, .Etc ........................................................................................ ..43 Section 4. Easement Regarding Electric Service Cables ............................................................. .43 SectionS. Easement Regarding Project Brick Fence or Wall... ................................................... .44 Section 6. Intentionally Deleted .................................................................................................... 44 Section 7. Intentionally Deleted .................................................................................................... 44 Section 8. Additional m1d Other Services ............................. : ........................................................ 44 ARTICLE XII. Underground Electrical Distribution System .................................................... 45 Section l. Generally ...................................................................................................................... 45
m .................................................... 45 Section l. Generally ...................................................................................................................... 45 Section 2. Owner's Responsibility ................................................................................................ 45 Section 3. Conditions .................................................................................................................... 45 Section 4. Applicability to Reserves ............................................................................................. 46 Section 5. Easement Grffilts .................................. , ........................................................................ 46 Section 6. Rights to Build on Easement Area .............................................................................. .46 ARTICLE XIII. Annexation .......................................................................................................... 46 Section I. Annexation ................................................................................................................... 46 Section 2. Withdrawal ofProperty ................................................................................................ 47 ARTICLE XIV. General Provisions ............................................................................................. .47 Section I. Duration m1d Amendment ............................................................................................ 47 Section 2. HUD m1d VA Approval... ............................................................................................. 48
.................................................................. 47 Section 2. HUD m1d VA Approval... ............................................................................................. 48 Section 3. Perpetuities ................................................................................................................... 48 Section 4. Cumulative Effect; Conflict .......................................................................................... 48 Section 5. Compliance ................................................................................................................... 48 Section 6. Security ......................................................................................................................... 48 Section 7. Assignment of Declarant's Rights ................................................................................ 49 Section 8. Additional Restrictions Created by Those Other Than DeclarmJt.. .............................. 49 Section 9. Severability ................................................................................................................... 50 Section 10. Number m1d Gender ............................................................ , ...................................... 50 Section I l. Delay in Enforcement. ................................................................................................ 50 Section 12. Enforceability ............................................................................................................. 50 Section I 3. Remedies .................................................................................................................... 50
....................................................... 50 Section I 3. Remedies .................................................................................................................... 50 Section I4. Violations ofLaw ....................................................................................................... SO Section 15. No Representations or Warranties .............................................................................. 50 Section 16. Captions for Convenience .......................................................................................... 5I Section I 7. No Condominium ....................................................................................................... 51 Section 18. Goveming Law ........................................................................................................... 51 Section I9. Notices ........................................................................................................................ 51 Section 20. Legal Proceedings ...................................................................................................... 5 I DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS § § COUNTY OF BRAZORIA § FOR VILLAGE OF BISCAYNE BAY Tlris Declaration of Covenants, Conditions and Restrictions for VILLAGE OF BISCAYNE BAY (this "Declaration") is made on the date hereinafter set forth by Shadow Creek Ranch Development Company Limited Pminership, a Nevada limited pminerslrip (the "Declarant").
Capitalized tem1s used herein and not defined shall have the meanings set fmih in Article I hereof.
WITNESSETH: WHEREAS, Pearland Investments Limited Pminership is the owner of (and Declarant has
t").
Capitalized tem1s used herein and not defined shall have the meanings set fmih in Article I hereof.
WITNESSETH: WHEREAS, Pearland Investments Limited Pminership is the owner of (and Declarant has the right to acquire and mticipates acquiring) the real property described on Exhibit "A" attached hereto md made a part hereof; and WHEREAS, Declarant intends to develop all of such real prope1ty described on Exhibit "A" into single family home subdivisions to be collectively and commonly known as VILLAGE OF BISCAYNE BAY ("Subdivision" or "Village" herein); and WHEREAS, Declarant has caused at1 association to be incorporated under the name Village of Biscayne Bay Homeowners Association, Inc. (the "Association") to provide for maintenance, preservation, and architectural control of the residential lots and common areas located within the Subdivision and any additions thereto which may be subsequently brought within the jurisdiction of the Association; and WHEREAS, the real property described on Exhibit "A" as the Subdivision is also subject to a Master Declm·ation of Covenants, Restrictions, Easements, Charges and Liens for Shadow Creek Ranch Maintenmce Association (as more particularly described in Article I, the "Master "CCR's"); and WHEREAS, the Declarant desires to impose the Declaration on ail of the real property described on Exhibit " .. A .. " to adopt, establish and impose upon the Subdivision certain reservations, easements, restrictions, covenants and conditions applicable thereto.
NOW, THEREFORE, Declarant hereby declm·es that the real property described on Exhibit "A" to this Declaration, including the improvements consl!ucted or to be constructed thereon, which is also subject to the Master CCR's, is hereby subjected to the provisions of this Declaration and
t "A" to this Declaration, including the improvements consl!ucted or to be constructed thereon, which is also subject to the Master CCR's, is hereby subjected to the provisions of this Declaration and 4D7.l2w lSJ 351074*15 5/24!2004 shall be held, sold, lrmJsfetTed, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property hereby or hereafter made subject hereto, and shall be binding on all persons having any light, title, or interest in all or any portion of fue real property now or hereafter made subject hereto, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. For purposes of this Declaration, it shall be deemed as if Declarant is the owner of all of fue real property described on Exhibit "A" hereto. Pearland Investments Limited Partnership has consented to the encumbering of all of the real property described on Exhibit "A" with this Declm·ation and has further consented to the granting of all of the rights herein to Declarant by its execution hereof.
ARTICLE I Definitions Section 1. Specific Definitions.
"Ammal Assessment" shall mean the assessment levied pursuant to Article X, Section 2 hereof.
"Area of Common Responsibility" shall mean and refer to the Cmmnon Area, together with those areas, if any, which, by the tenns of this Declaration, a Supplemental Declaration or by contract or agreement with any Person, become the responsibility of the Association, including but
r with those areas, if any, which, by the tenns of this Declaration, a Supplemental Declaration or by contract or agreement with any Person, become the responsibility of the Association, including but not limited to the entrance areas into the Prope1ty or Association Manager or maintenance persormel, and all landscape amenities m1d/or signage associated t!Jerewith. The office of any prope1ty or Association manager or maintenance personnel employed by or contracting with the Association, whether or not located on the Properties (if detennined by the Board), or any public rights-of-way within or adjacent to the Properties (except right-of-way adjacent or contiguous to Lots or Tracts), or easements (pipeline, power, utility, etc.) may be part of the Area of Common Responsibility. The Area of Common Responsibility shall also include the Project Brick Fence or Wall and may also include other prope1ty, even if not owned by the Association, if the Board of Directors detennines that such maintenm1ce is necessary or desirable.
"Articles of Incorporation" or "Articles" shall mean and refer to the Articles of Incorporation of Village of Biscayne Bay Homeowners Association, h1c., as filed with the Secretary of State of the State ofTexas.
"Assessment" shall mean an Almual Assessment, a Special Assessment, or a Reimbursement Assessment.
"Assessments" shall mean the Annual Assessment, the Special Assessment and the Reimbursement Assessment, collectively.
"Association" shall mean and refer to Village of Biscayne Bay Homeowners Association, Inc., a Texas non-profit corporation, its successors or assigns.
2 .UJ7Tiw LSJ JS]{l74-15 S/24/2G04 "Board of Directors" or "Board" shall mean the elected body of the Association having its
sociation, Inc., a Texas non-profit corporation, its successors or assigns.
2 .UJ7Tiw LSJ JS]{l74-15 S/24/2G04 "Board of Directors" or "Board" shall mean the elected body of the Association having its nonnal meaning under Texas law pertaining to non-profit corporations.
"Bylaws or By-Laws" shall mean and refer to the By-Laws of Village of Biscayne Bay Homeowners Association, Inc. which may be amended from time to time.
"Common Area" shall mean all real property and improvements within the Properties, if any, owned acquired or leased by the Association, dedicated for the common nse of the Owners and Declarant, which may include any detention ponds serving the Properties, and may include, but is not limited to, walkways and walking trails, and recreational facilities, if detennined by Declarant and/or the Association.
"Common Expenses" shall mean and include the actual and estimated expenses incurred by the Association for the general benefit of Lot Owners, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board pursuant to this Declaration, the By-Laws, and/or the A.Iiicles of Incorporation.
"Community- Wide Standard" shall mean the standard of conduct, maintenance, or other activity generally prevailing throughout the Properties, which may be more specifically detem1ined by the Board of Directors and the Architectural Review Committee.
"Declarant Am1exation Property" shall mean any real property in a five (5) mile radius of !be property described on Exhibit "A."
"Improvement to Property" includes, without limitation: (a) the constnrction, installation or erection of any building, structure, fence, Residence or other Improvement, including utility
Exhibit "A."
"Improvement to Property" includes, without limitation: (a) the constnrction, installation or erection of any building, structure, fence, Residence or other Improvement, including utility facilities; {b) the demolition or destruction, by voluntary action, of any building, structure, fence, or other Improvements; (c) the grading, excavation, filling, or similar disturbance to the surface of any Lot, including, without limitation, change of grade, change of ground level, change of drainage pattem, or change of s!Teanl bed; (d) installation or changes to the landscaping on any Lot (including but not limited to removal of any trees); and (e) any exterior modification, expansion, change or alteration of any previously approved Improvement to Property, including any change of exterior appearance, color, or texture not expressly pennitted by this Declaration, Architectural Guidelines, or Rules and Regulations.
"Improvements" shall mean all stmctures and any appurtenances thereto of every type or kind, which are visible on a Lot, including, but not limited to: a Residence, buildings, outbuildings, swimming pools, spas, hot tubs, patio covers, awnings, painting of any extedor surfaces of any visible structure, additions, sidewalks, walkways, sprinkler pipes, garages, carports, roads, driveways, parking areas, fences of any type (other than Project Bri.ck Fence or Wall)~ screening, walls, retaining walls, stairs, decks, fixtures, windbreaks, basketball goals, flagpoles, or any other type of pole, signs, exterior tanks, exterior air conditioning fixtures and equipment, water softener fixtures, exterior lighting, recreational equipment or facilities, radio, conventional or cable or
type of pole, signs, exterior tanks, exterior air conditioning fixtures and equipment, water softener fixtures, exterior lighting, recreational equipment or facilities, radio, conventional or cable or television antenna or dish, microwave television antetma, and landscaping that is placed on and/or visible from any Lot.
3 "Lot" shaH mean and refer to any plot or tract of land shown upon any recorded map(s) or plat(s) of the Properties, as same may be amended from time to time, which is designated as a lot therein and which is or will be improved with a single Residence in confom1ity with the building restrictions set fmth herein. A Lot may include the legal description for a condominium unit.
"Maintenance Fund" or "Reserve Fund" shall mean any accumulation of the Assessments collected by the Association in accordance with the provisions of this Declaration and any Supplemental Declaration together with interest, attomeys' fees, penalties and other sums and revenues collected by the Association pursuant to the provisions of this Declaration and any Supplemental Declaration.
"Master Association" shall mean and refer to the Shadow Creek Ranch Maintenance Association, which Master Association was formed pursuant to the Master CCR 's.
"Master CCR's" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens for Shadow Creek Ranch Maintenance Association, which is recorded under Brazoria County Clerk's File No. 01 042985, re-recorded nnder Brazoria County Clerk's File No. 01 051825, Ranis County Clerk's File No. V361959 and re-recorded under Harris County Clerk's File No. V472436, and Fort Bend County Clerk's File No. 2001095077 and re
Brazoria County Clerk's File No. 01 051825, Ranis County Clerk's File No. V361959 and re-recorded under Harris County Clerk's File No. V472436, and Fort Bend County Clerk's File No. 2001095077 and re recorded under Fort Bend County Clerk's File No. 2001111335, as amended or supplemented, and which encumbers the entire 3,300± acres of the Shadow Creek Ranch development, of wh.ich the Subdivision is a part. The Subdivision is a "Village Association" under the Master CCR's, as that term is defined therein.
"Member" shall mean and refer to a Person entitled to membership in the Association, as provided herein.
"Mortgage" shall mean and refer to a mortgage, a deed oft111st, a deed to secure debt, or any other fom1 of security deed affecting a Lot.
"Mortgagee" shall mean and refer to a beneficiary or holder of a Mortgage.
"Mortgagor" shall mean and refer to any Owner who gives a Mortgage.
"Neighborhood" shall mean a grouping of Lots or Tracts which comprise a portion of a Village and which are designed by Declarant or a Sub-developer to have a distinctive identity within the Village. Such distinctive identity may he created by such features as a gated community and/or additional landscaping and/or omamental fencing, and/or some other feature designed to set the Neighborhood apart from the other property within the Village. ln the event of Declarant or a Sub-developer designing and creating a Neighborhood, or should a grouping of Lots or Tracts desire to fonn a Neighborhood after the initial development thereof, all features providing the distinctive identity shall be subject to review by the Architectural Review Committee of the Village and the Community- Wide Standards Committee of the Master Association for compliance with all 4 433732w LSJ 351()74-15 5r24/20il-!
ubject to review by the Architectural Review Committee of the Village and the Community- Wide Standards Committee of the Master Association for compliance with all 4 433732w LSJ 351()74-15 5r24/20il-!
Design Criteria and Village Standards/Neighborhood Guidelines (as such terms are defined in the Master Declaration and in this Declaration.) Further, any cost and/or expense in creating and/or maintaining the features distinguishing the Neighborhood and .its distinctive identity will be deemed additional services to the Lots or Tracts within such Neighborhood and assessed as Additional Services Reimbursement Assessments (as hereinafter defined), allocated prorata among the Lots or Tracts in the Neighborhood, and shall not be a Common Expense because they are not for the benefit of nor to be paid by all Owners in the Village.
"Owner" shall mean and refer to one (I) or more Persons who hold the record title to any Lot or Tract, including any Sub-developer of a Lot or Tract, and including Declarant, but exclnding in all cases any Mortgagee or other party holding an interest merely as security for the performance of an obligation. For the purpose of exercising all privileges of membership in the Association, privileges of ownership are exclusive to each Owner unless otherwise conveyed to a specific Person in writing, with a copy of such written authority given to the Association.
"Person" means a natural person, a corporation, a partnership, a trustee, or any other legal entity.
"Plans" shall mean the final construction plans and specifications (including a related site plan) of any Residence, building or improvement of any kind to be erected, placed, constructed, maintained or altered on any Lot.
final construction plans and specifications (including a related site plan) of any Residence, building or improvement of any kind to be erected, placed, constructed, maintained or altered on any Lot.
"Project Brick Fence or Wall" shall mean the brick fence or wall located predominantly around the perimeter of the Property, and on such other locations as determined by Declarant and/or the Board, which is in the nature of a community identify fence or wall, and which is referred to and further identified and for which an easement is granted pursuant to Article XI, Section 5, hereof.
"Property" or "Prope1iies" shall mean the real property in Brazoria County, Texas, described on Exhibit "A" attached hereto and made a part hereof, together with any Improvements thereon or appurtenances thereto and will include such additional property as is hereafter subjected to this Declaration bya Supplemental Declaration, commonly known as Village of Biscayne Bay.
"Reimbursement Assessment" shall mean a charge against a particular Owner and his Tract or Lot for the purpose of reimbursing the Association for expenditures and other costs of the Association incurred in curing any violation, directly attributable to t11e Owner, of this Declaration or the Rules and Regulations, pursuant to Article X, Section 6, hereof.
"Residence" shall mean a portion of the Prope1iies intended for development, use, and occupancy as an attached or detached residence for a single family, and shall, unless otherwise specified, include within its meaning (by way of illustration, but not limitation) condominium units, townhouse units~ duster hon1es, patio or zero iot line hon1es, and single-family detached houses on separately platted Lots, all as may be developed, used, and defined as herein provided or as
units, townhouse units~ duster hon1es, patio or zero iot line hon1es, and single-family detached houses on separately platted Lots, all as may be developed, used, and defined as herein provided or as provided in Supplemental Declarations covering all or a part of the Properties. The term shall include all portions of any Lot owned as well as any structure thereon. In the case of a townhouse 5 or condominium structure or other specifically included structure which contains multiple dwellings, each dwelling shall be deemed to be a separate Residence. Buildings containing apartments shall not (nor shall the individual apartments) be included as single family Residences hereunder.
"Rules and Regulations" shall mean those rules and regulations which may be established from time to time by the Board of Directors pursuant to this Declaration.
"Special Assessment" shall mean a charge against a particular Owner and his Lot representing a portion of the cost to the Association for the pUipose of funding major capital repairs, maintenance, and replacement of Improvements, as more particularly desCJibed in and imposed by Article X, Section 4, hereof.
"Sub-developer" shall mean and refer to any and every homebuilding company who pmchases a Lot or Lots (or Tract to plat into Lots) from Declarant for the purposes of constructing or selling single family Residences thereon and selling such Lot and Residence to the general public or a developer who purchases a Tract from Declarant for the purpose of developing the Tract into Lots and selling such Lots to a homebuilding company.
"Supplemental Declaration" shall mean any amendment or supplement to this Declaration
from Declarant for the purpose of developing the Tract into Lots and selling such Lots to a homebuilding company.
"Supplemental Declaration" shall mean any amendment or supplement to this Declaration executed by or consented to by Declarant which subjects additional property to this Declaration and/or imposes, expressly or by reference, additional restrictions and obligations on the land described therein.
"Tract" shall mean any unimproved portion of the Property, which is separately described ·by survey description or metes and bounds, and owned by Declarant or conveyed to an Owner by Declarant, but which has not yet been platted.
Section 2. Other Defined Tem1s . Other terms which are defined herein shall have the meanings given in this Declaration.
ARTICLE II.
Easement of Enjoyment Section !. Use of Conunon Area . Each Owner shall have a nonexclusive right and easement of enjoyment to the Common Area which shall be appurtenant to and shall pass with the title to every Lot or Tract, subject to the following: (i) This Declaration, and the Master CCR's, as each may be amended from time to time; (ii) Any restrictions or limitations contained m any deed conveymg such Common Area to the Association; 6 (iii} The right of the Board to limit the number of guests who may use the Common Area, and to adopt other Rules and Regulations regulating the use and enjoyment of the Common Area; (iv} The right of the Board to suspend the right of an Owner to nse any recreational facilities within the Common Area (i) for any period during which any Assessment or portion thereof owed by such Owner remains delinquent, and (ii) for a period not to exceed sixty (60) days for a single violation, or for a longer period in the case of any continuing violation, of the
ortion thereof owed by such Owner remains delinquent, and (ii) for a period not to exceed sixty (60) days for a single violation, or for a longer period in the case of any continuing violation, of the Declaration, By-Laws, or Rules and Regulations ofthe Association; (v} The right of the Association, with the consent of the Class B member as long as such Class B membership exists, acting through the Board, to dedicate or transfer all or any part of the Common Area; (vi) The ri.ght of the Board to impose reasonable membership requirements and charge reasonable admission or other fees (which fees shall be separate from Assessments) for the use of any recreational facility situated upon the Common Area; (vii) The right of the Board to penni! nonmember use of any recreational facility situated on the Common Area upon payment of user fees established by the Board; (viii} The right of the Association, acting through the Board, to mortgage, pledge, or hypothecate any or all of its real or personal property as security for money borrowed or debts incmTed, subject to the approval of sixty-seven percent (67%) of the votes of all Members eligible to vote; (ix) The tight of the Association to grant easements pursuant to Article IV, Section 11 hereof; and (x) The right of the Association to enter into and execute contracts with any party (including without limitation, Declarant or its affiliates) for the purpose of providing maintenance or other materials or services consistent with the purposes of the Association and this Declaration.
Section 2. Delegation . Al>y Owner may delegate his or her right of use and enjoyment of Common Area to the members of his or her family, lessees and social invitees, as applicable,
this Declaration.
Section 2. Delegation . Al>y Owner may delegate his or her right of use and enjoyment of Common Area to the members of his or her family, lessees and social invitees, as applicable, subject to reasonable regulation by the Board and in accordance with procedures it may adopt. An Owner who leases his or her Lot must provide written notice to the Association conveying such ptivileges of use to Conunon Areas, however such Owner shall remain fully responsible for the actions of such persons.
Section 3. Conveyances to the Association . Declarant may retain, for as long as it deems necessary or convenient, the legal title to easements or fee simple parcels designated as Common Area. Declarant may, at any time after the date hereof, convey legal title to all or a portion of such 7 43J732w lSJ 35lll74·1S 5/241200-1 Common Area to the Association, which conveyance shall be on an "AS IS, WHERE IS" basis. The Association shall be obligated to accept title to, operate and maintain the Common Area conveyed to the Association as elsewhere provided in this Declaration.
ARTICLE III Establishment of General Plan Section 1. General Plan and Declaration . This Declaration is hereby established pursuant to and in furtherance of a common and general plan for the improvement and sale of Tracts and then Lots within the Properties, and for the purpose of enhancing and protecting the desirability and attmctiveness of the Properties. The undersigned Owners, for themselves, their heirs, executors, administrators, legal representatives, successors, and assigns hereby declare that the Properties and each part thereof shall be owned, held, transfen·ed, conveyed, sold, leased, rented, hypothecated,
administrators, legal representatives, successors, and assigns hereby declare that the Properties and each part thereof shall be owned, held, transfen·ed, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations, easements, exceptions, equitable servitudes, and other provisions set forth in this Declaration, for the duration thereof. The Tracts, Lots and Common Areas in the Properties shall be subject to the jurisdiction of the Association.
Section 2. Equitable Servitudes . The covenants, conditions, restrictions, limitations, reservations, easements, and exceptions of this Declaration hereby are imposed as equitable servitudes upon each Tract and each Lot, and the Common Areas within the Properties, as a servient estate, for the benefit of each and every other Tract and every other Lot and parcel of Common Area within the Prope1ties, as the dominant estate.
Section 3. Covenants Aoourtenant . The covenants, conditions, restrictions, limitations, rese1vations, easements, exceptions, equitable servitudes, and other provisions set forth in this Declaration shall be binding upon and inure to the benefit of: (a) the Properties; (b) Declarant and its successors and assigns; (c) the Association and its successors and assigns; and (d) all Persons (including Owners) having, or hereafter acquiring, any right, title, or interest in all or any portion of the Properties and their heirs, executors, successors, and assigns.
ARTICLE IV.
Management and Operation of Properties Section 1. Management by Association .
(i) Generally. The affairs of the Properties shaH be administered and managed
cutors, successors, and assigns.
ARTICLE IV.
Management and Operation of Properties Section 1. Management by Association .
(i) Generally. The affairs of the Properties shaH be administered and managed by the Association, subject, however, to the authority of the Master Association pursuant to the Master CCR's. The Association shall have the Iight, power and obligation to provide for the management, acquisition, construction, maintenance, repair, replacement, administration, and 8 43J1JZw LSI 351074-!5 5124/2004 operation of the Properties as herein provided for and as provided for in the Articles of Incorporation, Bylaws, and the Rules and Regulations. h1 the event of any conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation shall control; and in the event of a conflict between the Articles of ill corporation or the Bylaws and the provisions of the Declaration, the provisions of the Declaration shall control. The principal purposes of the Association are the collection, expenditure, and management of the Maintenance Fm1d, enforcement of the restrictions contained herein and in Supplemental Declarations, providing for the maintenance and presentation of the Area of Common Responsibility and the facilities of the Association, ensuring architectural control of the Tracts and Lots, and establishing a method for the administration, maintenance, preservation, use and enjoyment ofthe Properties.
(ii) Additional Powers of the Association. The Association, acting through the Board, shall be entitled to enter into such contracts and agreements conceming the Properties and Area of Common Responsibility as the Board deems reasonably necessary or appropriate to
ng through the Board, shall be entitled to enter into such contracts and agreements conceming the Properties and Area of Common Responsibility as the Board deems reasonably necessary or appropriate to maintain and operate the Properties in accordm1ce with the Declaration, including without limitation, the right to enter into agreements with adjoining or nearby land owners or govemmental entities on matters of maintenance, trash pick-up, repair, administration, security, traffic, operation of recreational facilities, or other matters of mutual interest. The Association, acting through its Board of Directors, shall also have the power to make and to enforce Rules m1d Regulations governing the use of the Properties and Area of Common Responsibility, including but not limited to Rules conceming traffic and parking matters, in addition to those contained herein, and to impose reasonable user fees for use of Common Area facilities. The Rules and Regulations shall be binding upon all Owners, occupants, invitees and licensees, if any, m1til and unless overruled, cm1celed or modified in a regular or special meeting of the Association by two-thirds of the total eligible Class "A" and Class "B" votes ofthe Association.
(iii) Area of Common Responsibility and Common Area. The Association, subject to the rights of Declm·ant and the Owners set forth in this Declaration, shall be responsible for the exclusive mm1agement and conn·ol of the Common Area and Area of Cotmnon Responsibility and all hnprovements thereon (including, without limitation, fumishings and equipment related thereto and common landscaped areas), and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, pnrsnant to the te1111s and conditions hereof and
s and equipment related thereto and common landscaped areas), and shall keep it in good, clean, attractive, and sanitary condition, order, and repair, pnrsnant to the te1111s and conditions hereof and consistent with the Community-Wide Stm1dard.
(iv) Personal Properties aud Real Property for Common Use. The Association, through action of its Board of Directors, may acquire, hold, and dispose of tangible and intangible personal property and real property. The Board, acting on behalf of the Association, shall accept any real or personal property, leasehold, or other property interests within the Properties conveyed to it by Declarant pursuant to the te1111s of this Declaration.
(v) Implied Rights. Tile Association may exercise any other right or privilege given to it expressly by this Declaration, the By-Laws or by statute, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege.
9 -133732w LSl 351074·15 512..1.!2004 Section 2. Board of Directors . The business and affairs of the Association shall be managed by and the decisions and actions of the Association shall be made or taken by the Board of Directors, unless otherwise reserved to the Members of the Association by Jaw, the temlS of the Declaration, Alticles of Incorporation, or the Bylaws. During the existence of the Class B membership, the Declarant shall be entitled to appoint the Directors.
Section 3. Membership in Association . Each Owner, whether one person or more, of a Tract or Lot shall upon and by virtue of becoming such Owner, automatically become and shall remain a Member of the Association until ownership of the Tract or Lot ceases for any reason, at which time
Tract or Lot shall upon and by virtue of becoming such Owner, automatically become and shall remain a Member of the Association until ownership of the Tract or Lot ceases for any reason, at which time the membership in the Association shall also automatically cease. Membership in the Association shall be appurtenant to and shall automatically follow the ownership of each Tract or Lot and may not be separated from such ownership. Prior to changing the name of the Owner of any Tract or Lot on the membership rolls of the Association, the Association or its managing agent (if authorized by the Board of Directors) may charge a transfer fee or processing fee when ownership to any Tract or Lot changes, however, there shall be no charge when Declarant conveys a Tract or Lot to a Sub developer. There will be a charge when a Sub-developer conveys a Tract to another Sub-developer or a Lot and Residence to the first homebuyer. Membership in the Association shall not include Mortgagees or other persons having an interest merely as a security for the perfomlance of an obligation. Each Owner is required to provide and maintain at all times with the Association, or its designated mmmgement agent, current infonnation regarding such Owner's address and phone number and the name, address and phone number of the occupant or property manager, if any, of each Lot or Tract owned.
Section 4. Voting m1d Membership Limitations. The Association shall have two (2) classes ·of Members: (i) Class "A". Class "A" Members shall be all Owners, with the exception of Declarmlt. Each Class "A" Member shall be entitled to one (I) vote for each Lot and two (2) votes per acre for each Tract owned by such Member in the Properties; provided, however, when more
eption of Declarmlt. Each Class "A" Member shall be entitled to one (I) vote for each Lot and two (2) votes per acre for each Tract owned by such Member in the Properties; provided, however, when more than one person holds an interest in any Lot, all such persons shall be Members, and the vote for such Lot or Tract shall be exercised by them as they among themselves detennine but in no event shall more than one (1) vote be cast with regard to any Lot or two (2) votes per acre for any Tract owned by a Class "A" Member. With respect to the votes for a Tract, if the total acreage includes a portion of an acre, it shall be rounded up if the portion is .5 or over mld shall be rounded down if the portion is .49 or below, to the nearest higher or lower whole number.
{ii) Class "B". The Class "B" Member shall be Declarant. The Class "B" Member shall have 5,000 votes, until the Class "B" membership and Class "B" votes cease to exist as set forth below. All Class "B" and the Class B membership votes shall cease to exist and automatically be convetied to Class "A" votes and the Class B membership shall no longer exist on the happening of any ofthe following events, whichever occurs earlier: 10 433732w LSJ 3!iHl74-I5 5/::W2004 (a) When I 00% of the Lots and Tracts on the Property (including Property added hereto by annexation) planned for development has been sold to and occupied by Class A Members that are not Sub-developers; (b) December 31, 2030; or (c) At such earlier time as the holder of the Class "B" votes may, in its sole discretion, elect, as evidenced by a document recorded in the real property records of Brazoria County, Texas.
(iii) Reinstatement of Class "B" Votes. Notwithstanding the prior provisions of
its sole discretion, elect, as evidenced by a document recorded in the real property records of Brazoria County, Texas.
(iii) Reinstatement of Class "B" Votes. Notwithstanding the prior provisions of Section 4(b) or 4( c) above, if additional property is made subject to the jurisdiction of the Association pursuant to a Supplemental Declaration, or if Declarant repurchases any Lots and/or Tracts, such that Declarant again owns any Lots or Tracts in the Prope11y, then the provisions regarding Class "B" votes in this Section 4, shall be automatically reinstated ipso facto.
Section 5. Voting . Unless otherwise stated herein, in the Articles, in the By-Laws, or required by law, any action which requires the approval of the Members of the Association shall require the approval of a majority of the total eligible votes of all Members represented in person or by proxy at any duly called meeting. Any action of the Board shall require the approval of a majority of the total members thereon. Any Owner who is delinquent in the payment of any Assessment shall not be entitled to vote during any period in which any such Assessment is delinquent.
Section 6. Compensation of Board. Prior to the expiration of the Class B Membership, the Board of Director can decide to compensate directors for acting as such in such fashion and in such amounts as it deems appropriate, however not to exceed $5,000.00 per director position per year.
After the expiration of the Class B Membership, no person serving on the Board shall be entitled to compensation for services perfom1ed unless approved by a majmity of the total vote of the Association, however not to exceed $5,000.00 per director position per year. Further, (a) any
l be entitled to compensation for services perfom1ed unless approved by a majmity of the total vote of the Association, however not to exceed $5,000.00 per director position per year. Further, (a) any member of the Board may be reimbursed for his actual expenses incurred in the performance of his duties, and (b) the Board may employ one or more architects, engineers, land plrumers, landscape architects, management compru1ies, accountru1ts, bookkeepers, collection agencies, attomeys or other consultants to assist the Board in carrying out its duties hereunder, and the Association shall pay such consultants for services rendered to the Board, such payment to be made out of the Assessments.
Section 7. Power to Enforce Declaration and Rules and Regulations . The Association and the Master Association shall have the power to enforce the provisions of !Ius Declaration and any Rules and Regulations and shall take such action as the Board of each deems necessary or desirable limiting the generality of the foregoing, the Association and the Master Association shall have the power to enforce the provisions of this Declaration aJ1d of the Rules and Regulations of the Association by any one or more of the following means: (a) by entry upon any Tract or Lot within 11 ·133-132w LSJ 351074-15 5124J:!U04 the Properties after notice (unless a bona fide emergency exists in which event this right of entry may be exercised without notice [written or oral] to the Owner, but in such manner as to avoid any unreasonable or unnecessary interference with the lawful possession, use, or enjoyment of the Improvements situated thereon by the Owner or any other Person), without liability by the
as to avoid any unreasonable or unnecessary interference with the lawful possession, use, or enjoyment of the Improvements situated thereon by the Owner or any other Person), without liability by the Association to the Owner, tenant, or guest thereof, for the purpose of enforcement of this Declaration or Rules and Regulations; (b) by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the Rules and Regulations, by mandatory injunction or otherwise; (c) by commencing and maintaining actions and suits to recover danuges for breach of any of the provisions of this Declaration or the Rules and Regulations; (d) by exclusion, after notice, of any Member or Member's fan1ily, guests, or tenants fi·om use of any recreational facilities in the Common Areas during and for up to sixty (60) days following any breach of this Declaration or such Rules and Regulations by such Member or Membel's family, guests, or tenants, unless the breach is a continuing breach in which case, such exclusion shall continue for so long as such breach continues; (e) by suspension, of the voting rights of a Member during and for up to sixty (GO) days following any breach by such Member or Member's family, guests, or tenants, of this Declantion or such Rules and Regulations unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues; (f) by levying and collecting, after notice, a Reimbursement Assessment against any Member for breach of this Declaration or such Rules and Regulations by such Member or Member's family, guests, or tenants; and (g) by levying and collecting, after notice, reasonable and
t against any Member for breach of this Declaration or such Rules and Regulations by such Member or Member's family, guests, or tenants; and (g) by levying and collecting, after notice, reasonable and uniformly applied fines and penalties, established in advance in the Rules and Regulations of tbe Association, which fines and penalties shall be deemed Reimbursement Assessments to be collected as such, from any Member or Member's family, guests, or tenants, for breach of this Declaration or such Rules and Regulations by such Member or Member's family, guests, or tenmtts.
Section 8. Limitation on Liability. The officers of the Association and Master Association and Board members of each shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association and/or Master Association.
Further, a member of the Board of either Association sball not be liable to either Association, any Member, or m1y other person for any action taken or not taken as a member of the Board if he acts in good faith, with the care an ordinary pmdent person in a like position would exercise under similar circumstances, and in a marmer he reasonably believes to be in the best interests of the respective Association. TI1e officers of the Association and Master Association and the members of the Board of each shall also be entitled to the benefit of arty provision limiting their liability provided by the By-Laws and the Texas Non-Profit Corporation Act.
Section 9. Intentionally Deleted Section 10. Indemnification.
greatest extent pennitted by Texas law, the Association shall defend, protect, indemnify and hold
on 10. Indemnification.
greatest extent pennitted by Texas law, the Association shall defend, protect, indemnify and hold hannless every officer, member of the Board and committee member and their respective agents, managers or administrators (each, an "htdemnified Party") from and against any mtd all liabilities 12 43373:?..w LSJ J5H17-I-15 5124/1004 and expenses, including legal fees, incurred by or imposed upon such Indemnified Party in connection with any action, claim, demand, suit, or other proceeding (each a "Proceeding") to which he or she may be a party by reason of being or having been an officer, Board member, agent or committee member. This indemnification shall also apply to any liability and expense incuned with the settlement of any Proceeding, if such settlement is approved in advance by the then Board of Directors. The Association shall also indemnify and forever hold each Indemnified Party free and harmless against any and all personal liability to others on account of any contract or commitment made by them, in good faith, on behalf ofthe Association.
(ii) Continuation. Indenmification Ullder this Section 10 shall continue as to each Indenmified Party who has ceased to serve in the capacity which initially entitled such Indemnified Party to the indemnity hereunder. The rights granted pursuant to this Section I 0 shall be deemed contract rights, and no amendment, modification or repeal of this Section 10 shall have the effect of limiting or denying any such rights with respect to actions taken or proceedings arising prior to any such amendment, modification or repeal.
(iii) Advance Payment. The right to indemnification confetTed in this Section I 0
such rights with respect to actions taken or proceedings arising prior to any such amendment, modification or repeal.
(iii) Advance Payment. The right to indemnification confetTed in this Section I 0 shall include the right to be paid or reimbursed by the Association the reasonable expenses incurred by an Indemnified Party who was, is or is threatened to be made a named defendant or respondent in a Proceeding in advance of the final disposition of the Proceeding and without any detennination as to the Indemnified Party's ultimate entitlement to indemnification; provided, however, that the payment of such expenses incun-ed by any Indemnified Party in advance of the final disposition of a Proceeding, shall be made only upon delivery to the Association of a written affirmation by such Indemnified Party of his or her good faith belief that he has met the standard of conduct necessary fur indemnification under this Section 10 and a written undertaking, by or on behalf of the Indemnii1ed Party, to repay all amounts so advanced if it shall ultimately be determined that the lndemtiified Party is not entitled to be indemnified under this Section 10 or otherwise.
(iv) APPearance as a Witness. Notwithstanding any other provision of this Section 10, the Association may pay or reimburse expenses incurred by an Indemnified Party in connection with his appearance as a witness or other participation in a Proceeding at a time when he is not a named defendant or respondent in the Proceeding.
(v) Non-exclusivity of Rights. The right to indemnification and the advancement and payment of expenses confetTed in this Section I 0 shall not be exclusive of any other right which an Indemnified Party may have or hereafter acquire under any law.
emnification and the advancement and payment of expenses confetTed in this Section I 0 shall not be exclusive of any other right which an Indemnified Party may have or hereafter acquire under any law.
(vi) Limitation on Indemnification. No indenmification shall be provided under this Section I 0 to any Indemnified Party with respect to any Proceeding in which an Indemnified Party shall be detennined not to have acted in good faith with the care an ordinary prudent person in a like position would exercise under silnilar circumstances, and in a 1nanner which he does not believe to be in the best intm·ests of the Association. However, it is the intent of this Section10 not to subject an Indenmified Party to standards of any professional background they may have and 13 therefore not subject such Indemnified Party to any professional liability. An lndmm1ified Party is intended to serve as a volunteer regardless of their professional background.
Section II. Power to Grant Easements . Declarant, while Declarant owns the Common Area and thereafter the Association, shall have the power to grant access, utility, drainage, water, facility, telephone, cable television, security systems, and other easements, in, on, over, or under the Common Area.
Section 12. Inspection of Records . The Members shall have the right to inspect the books and records of the Association at reasonable times during nmmal business hours by appointment.
Section 13. Right ofEnuy: Enforcement by Self Help. The Association shall have the right, but not the obligation, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any unoccupied, vacant or abandoned Tract or Lot, including any
right, but not the obligation, in addition to and not in limitation of all the rights it may have under this Declaration, to enter upon any unoccupied, vacant or abandoned Tract or Lot, including any ln1provements located tl1ereon, if deemed reasonably necessary by the Board of Directors of the Association for emergency, health, safety and/or security purposes to make repairs to Improvements, secure the Properties or abate or remove things or conditions which are potentially hazardous or which violate any provisions ofthis Declaration. Such light may be exercised by the Association's Board, officers, agents, employees, managers, and all police officers, fire fighters, ambulance pers01mel, and similar emergency personnel in the perfom1ance of their respective duties. Except in an emergency situation, the Association shall first attempt to provide reasonable notice to the last known Owner of the Tract or Lot. All costs of such efforts, including reasonable attorneys' fees actually incuned, shaH be assessed against the Owner ofthe Tract or Lot and shall be collected as provided for herein for the collection of the Assessments.
ARTICLEV.
Maintenance Section 1. Association's Responsibility .
(i} Generally. The Association shall maintain and keep in good repair the Area of Common Responsibility. This maintenance shall include, but need not be limited to, maintenance, repair, and replacement, subject to any insurance then in effect, of all landscaping and other flora, structures, and improvements, including the Project Brick Fence or Wall, situated upon the Common Areas or on any easement area which easement nms to the Declarant and/or Association, landscaped medians within public rights-of-way throughout the Properties (but not
r Wall, situated upon the Common Areas or on any easement area which easement nms to the Declarant and/or Association, landscaped medians within public rights-of-way throughout the Properties (but not tight-of-way contiguous to or adjacent to Lots or Tracts), landscaping and other flora on any public utility easement within the Propmiies (subject to the tenns of any easement agreement relating thereto), and such portions of any additional property included within the Area of Common Responsibility as may be dictated by this Deciaraiion, or by a contract or agreement for maintenance thereof by the Association. The Association shall maintain such facilities and equipment in continuous operation, except for reasonable periods as necessary to perfonn required maintenance or repairs, unless Members holding seventy-five percent (75 %) of all Class A and B 14 (as long as Class B exists) votes agree in writing to discontinue such operation. The Association may maintain other property which it does not own, including, without limitation, property dedicated to the public, if the Board of Directors determines that such maintenance is necessary or desirable to maintain the Community- Wide Standard.
(ii) Maintenance Easements. There are hereby reserved to the Association easements over the Properties as necessary to enable the Association to fulfill the Association's maintenance responsibility described in Section 1 of this Article V or elsewhere in this Declaration.
(iii) Maintenance Expenses. Except as otherwise specifically provided herein, all costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense to be allocated among all Tracts and Lots as part of the Assessment,
erein, all costs associated with maintenance, repair and replacement of the Area of Common Responsibility shall be a Common Expense to be allocated among all Tracts and Lots as part of the Assessment, notwithstanding that the Association may be entitled to reimbursement from the owners(s) of cettain portions of the Area of Common Responsibility pursuant to this Declaration, other recorded covenants, or agreements with the owner(s) thereof.
(iv) Additional Maintenance Responsibility. The Association shall also be responsible for maintenance, repair and replacement of any property within the Properties to the extent designated in any Supplemental Declaration affecting the Association. The Association may also assume maintenance responsibilities with respect to any Common Area that may be designated by any Supplemental Declaration. This assumption of responsibility may take place either by agreement or because, in the opinion of the Board, the level and quality of service then being provided is not consistent with the Community-Wide Standard of the Properties.
Section 2. Owner's Responsibilities .
(i) Generally. Each Owner shall maintain his or her Tract or Lot and all stmctmes, yards, landscaping, parking areas and other improvements on the Tract or Lot in a neat, orderly condition, including any fencing located on a Tract or Lot (except any Project Blick Fence or Wall located on a Lot or Tract), including, but not limited to, side and back fences, and fences adjacent to a road or backing up to a lake or a detention pond. Owners of Tracts or Lots which are adjacent to any portion of the Common Area on which walls, or fences, other than walls which form part of a building, have been constructed shall maintain and irrigate that portion of the Common
h are adjacent to any portion of the Common Area on which walls, or fences, other than walls which form part of a building, have been constructed shall maintain and irrigate that portion of the Common Area lying within such a fence or wall. Owners of Tracts or Lots adjacent to any roadway within the Propetties shall maintain driveways serving their respective Tracts or Lots, whether or not lying within the Lot or Tract boundmies, and shall maintain landscaping on that portion of the Common Area, if any, on right-of-way between the Lot or Tract boundary and the back-of-curb of the adjacent or contiguous street.
(ii) Standard of Maintenance by Owner. All maintenance required by this Section 2 shall be perfonned in a manner consistent with the Community-Wide Standard and ail applicable covenants, unless such maintenance responsibility is othe1wise assumed by or pursuant to any Supplemental Declaration affecting such Lot or Tract.
15 433732w LSJ 351074-15 512412004 (iii) Enforcement of Owner's Responsibilities. In addition to any other enforcement rights available to the Association and/or the Master Association, in the event of violation of any covenant or restriction herein by any Owner or occupant of any Tract or Lot and the continuance of such violation after ten {I 0) days' written notice thereof, or in the event the Owner or occupant has not proceeded with due diligence to complete appropriate repairs and maintenance after such notice, the Association and/or Master Association shall have the right (but not obligation), through its agents or employees, to repair, maintain and restore the Tract or Lot and/or the exterior of the Residence, not limited to include gutters, siding, broken windows, fencing,
ot obligation), through its agents or employees, to repair, maintain and restore the Tract or Lot and/or the exterior of the Residence, not limited to include gutters, siding, broken windows, fencing, mowing, etc., and any other existing Improvements located thereon, to the extent necessary to prevent rat infestation, diminish fire hazards, protect property values and accomplish necessmy repairs, maintenance and/or restoration. The Association and/or Master Association may render a statement of charge to the Owner or occupant of such Tract or Lot for the cost of such work. The Owner and occupant agree by the purchase and occupation of the Tract or Lot to pay such statement immediately upon receipt. Any and all related costs, including but not limited to legal fees, plus interest thereon at the lesser of 18% per annum or the maximum rate petmitted under the laws of the State of Texas, shall become a part of a Reimbursement Assessment payable by said Owner mlCI payment thereof shall be secured by the lien created pursuant to this Declaration and/or the Master CCR's. The Association, and/or the Master Association and their respective agents and employees shall not be liable, and are hereby expressly relieved from any liability, for trespass or other tort in connection with the perfom1ance of the extetior maintenance and other work authorized herein.
Section 3. Party Fences .
(i) General Rules of Law to Apply. Each fence built which shall serve and separate any two (2) adjoining Residences shall constitute a party fence m1d, to the extent not inconsistent with the provisions of this Section, the general rules of Jaw regarding pmty walls and fences m1d liability for property damage due to negligence or willful acts or omissions shall apply thereto.
maintenance
e provisions of this Section, the general rules of Jaw regarding pmty walls and fences m1d liability for property damage due to negligence or willful acts or omissions shall apply thereto.
maintenance proportions. (ii) of a Sharing of Repair and Maintenm1ce. The cost of reasonable repair and pmty fence shall be shared by the Owners who the fence serves in equal (iii) Damage and Destruction. If a party fence is destroyed or dan1aged by fire or other casualty, then to the extent that such dan1age is not covered by insurance m1d therefore not repaired out of the proceeds of insurance, any Owner who the fence serves may restore it, and all other Owners who the fence serves shall contribute to the cost of restoration thereof in equal proportions without prejudice, however, subject to the right of m1y such Owners to call for a larger contribution fi·om the others under any rule or law regarding liability for negligent or willful acts or omissions.
(iv) Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successor-in-title.
16 (v) Arbitration. In the event of any dispute arising concerning a party fence, or under the provisions of this Section, each party shall appoint one (1) arbitrator. The arbitrators thus appointed shall appoint one (1) additional arbitrator and the decision by a majority of all three (3) arbitrators shall be binding upon the parties and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereoflocated in Brazoria County, Texas.
ARTICLE VI.
No Partition Except as is pem1itted in the Declaration or any Supplemental Declaration, there shall be no
entered in any court having jurisdiction thereoflocated in Brazoria County, Texas.
ARTICLE VI.
No Partition Except as is pem1itted in the Declaration or any Supplemental Declaration, there shall be no judicial pmtition of the Common Area or any part thereof, nor shall m1y Person acquiring any interest in the Propet1ies or any part thereof seek any judicial paltition unless the Propelties have been removed from the provisions of this Declaration. This Article shall not be construed to prohibit the Bom·d of Directors from acquiring and disposing of tangible personal prope1ty nor from acquiling title to real propelty which may or may not be subject to this Declm·ation.
ARTICLE VII.
Architectural Approval Section 1. Architectural Review Committee . As used in this Declaration, the tenn "Architectural Review Committee" or "ARC" shall mem1 a committee of three (3) members. The Board shall have the right to appoint all members of the Architectural Review Committee. Members of the Architectural Review Committee may, but need not be, Members of the Association.
Members of the Architectural Review Committee may be removed at any time by the Board, and shall serve for such term as may be designated by the Board or until resignation or removal by the Board. Notwithstm1ding the foregoing, any removal by the Board of a member of the Architectural Review Committee must be approved in writing by the Declarant as long as Declarant owns one (I) or more Lots or Tracts.
Section 2. Approval of Improvements Required . The approval of a majority of the members of the Architectural Review Committee shall be required for any Improvement to Property on any of the Propelties before commencement of construction of such Improvement to Property,
ity of the members of the Architectural Review Committee shall be required for any Improvement to Property on any of the Propelties before commencement of construction of such Improvement to Property, other than m1 Improvement to Property made by Declarant Section 3. Address of C01mnittee . The address of the Architectural Review Committee shall be at the p1incipal office of the Association.
Section 4. Submission of Plans . Before conm1encement of work to accompl!sn any proposed Improvement to Property, or m1y modification to any existing Improvement, the Owner proposing to make such Improvement (or modification to an existing Improvement} to Property (the "Applicant'') shall submit to the Architectural Review Committee at its offices, copies of snch 17 433732w LSJ 35!G74-l5 512412.004 descriptions, surveys, plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of materials and colors as the Architectural Review Committee reasonably shall request, showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement to Property, as may be more patticularly described from time-to-time in any minimum construction standards and/or architectural guidelines adopted by the Architectural Review Conm1ittee (the "Village Architectural Guidelines" and/or the Neighborhood Guidelines imposed pursuant to the Master CCR's). TI1e Architectural Review Committee may require submission of additional plans, specifications, or other infonnation before approving or disapproving the proposed hnprovement to Propetty. Until receipt by the Architectural Review Conm1ittee of all required materials in cmmection with the proposed Improvement to Propetty, tl1e
roving or disapproving the proposed hnprovement to Propetty. Until receipt by the Architectural Review Conm1ittee of all required materials in cmmection with the proposed Improvement to Propetty, tl1e Architectural Review Committee may postpone review of any materials submitted for approval.
Section 5. Criteria for Approval . The Architectural Review Committee shall approve any proposed Improvement to Property only if it detennines in its reasonable discretion tlmt the Improvement to Property in the location indicated will not be detrimental to the appearance of the surrounding areas of the Properties as a whole; that the appearance of llie proposed hnprovement to Property will be in hmmony with the surrounding areas of the Properties, including, without limitation, quality and color of matetials and location with respect to topography and finished grade elevation; that the Improvement to Property will comply with the provisions of this Declaration and any applicable plat, ordinance, govemmen!al mle, or regulation; that the Improvement to Property will not detract fi·om the beauty, wholesomeness, and attractiveness of the Property or the enjoyment thereof by Owners; and that the upkeep and maintenance of the proposed Improvement to Property will not become a burden on the Association. The Architectural Review Committee is specifically granted the authority to disapprove proposed Improvements becanse of the unique charactetistics or configuration of the Lot or Tract on which the proposed Improvement would ofue1wise be constructed, even though the same or a similar type of Improvement might or would be approved for construction on another Lot or Tract. The Architectural Review Committee may
vement would ofue1wise be constructed, even though the same or a similar type of Improvement might or would be approved for construction on another Lot or Tract. The Architectural Review Committee may condition its approval of any proposed Improvement to Property upon the making of such changes thereto as the Architectural Review Committee may deem appropriate.
Section 6. Village Architectural Guidelines/Neighborhood Guidelines . The Architectural Review Committee from time to time may supplement or amend the Village Architectural Guidelines. The Village Architectural Guidelines serve as a guideline only and fue Architectural Review Committee may impose other requirements in com1ection with its review of any proposed Improvements. If the Village Architectural Guidelines impose requirements tl1at are more stringent than the provisions of tins Declaration, the provisions of the Architectural Guidelines shall control.
In addition to the Village Architectural Guidelines the Neighborhood Guidelines imposed pursuant to the Master CCR's shall apply, which Neighborhood Guidelines may be supplemented and/or amended from time to time.
shall be made within thirty (30) days after receipt by the Architectural Review Committee of all materials required by the Architectural Review Committee. The decision shall be in writing and, if the decision is not to approve a proposed Improvement to Property, tl1e reasons therefore shall be 18 4J3732w LSJ 35!Q-74-I"i 512-l/200>1 stated. The decision of the Architectural Review Committee promptly shall be transmitted to the Applicant at the address furnished by the Applicant to tl1e Architectural Review Committee. The
-l/200>1 stated. The decision of the Architectural Review Committee promptly shall be transmitted to the Applicant at the address furnished by the Applicant to tl1e Architectural Review Committee. The Owner, however, is responsible under all circumstances to conform to the provisions of these restrictions in their entirety.
Section 8. Failure of Committee to Act on Plans . Any request for approval of a proposed Improvement to Property shall be deemed approved by the Architectural Review Committee, unless disapproval or a request for additional infonnation or materials is transmitted to the Applicant by the Architectural Review Committee within thirty (30) days after the date of receipt by the Architectural Review Committee of all required materials; provided, however, that no such deemed approval shall operate to permit any Owner to construct or maintain any Improvement to Property that violates any provision of this Declaration or the Architectural Guidelines. The Architectural Review Committee shall at all times retain the right to object to any Improvement to Property that violates any provision of this Declaration or the Architectural Guidelines.
Section 9. Prosecution of Work After Approval . After approval of any proposed Improvement to Property, the proposed Improvement to Property shall he accomplished as promptly and diligently as possible and in strict confom1ity with the desc1iption of the proposed Improvement to Property in the materials submitted to the Architectural Review Conm1ittee. Failure to complete the proposed Improvement to Prope1ty within nine (9) months after the date of approval or such other period of time as shall have been designated in writing by the Architectural Review
ure to complete the proposed Improvement to Prope1ty within nine (9) months after the date of approval or such other period of time as shall have been designated in writing by the Architectural Review Committee (unless an extension has been granted by the Architectural Review Committee in writing) or to complete the Improvement to Property in strict conformity with the description and materials furnished to the Architectural Review Committee, shall be a breach of the obligations of the Owner under this Declaration and shall operate automatically to revoke the approval by the Architectural Review Conm1ittee of the proposed Imprnvement to Property. No Improvement to Prope1ty shall be deemed completed until the exterior fascia and trim on the structure have been applied and finished and all constmction materials and debris have been cleaned up and removed from the site and all rooms in the Residence, other than attics, have been finished. Removal of materials and debris shall not take in excess of thirty (30) days following completion of the exterior.
Section 10. Inspection of Work . The Architectural Review Committee or its duly authorized representative shall have the right, but not the obligation, to inspect any Improvement to Property before or after completion.
Section II. Notice of Noncompliance . If, as a result of inspections or ot11erwise, the Architectural Review Committee finds that any Improvement to Property has been constructed or undertaken without obtaining the approval of the Architectural Review Cmmnittee, or has been completed other than in strict conformity with the description and materials furnished by fue Owner to the Architectural Review Committee, or has not been completed within the required time period
een completed other than in strict conformity with the description and materials furnished by fue Owner to the Architectural Review Committee, or has not been completed within the required time period after the date of approval by the Architectural Review Comr.uittee, the Architectural Revie\V Committee shall notify the Owner in wtiting of the noncompliance (''Notice of Noncompliance").
The Notice of Noncompliance shall specify the particulars of the noncompliance and shall require 19 4337l2w LSJ .351074-l:l S/241200>1 the Owner to take such action as may be necessary to remedy or remove the noncompliance within the period of time set forth therein.
Section 12. CoiTection of Noncompliance . If the Architectural Review Conunittee finds that a noncompliance continues to exist after such time within which the Owner was to remedy the noncompliance as set fmth in the Notice of Noncompliance, the Association may, at its option but with no obligation to do so, (a) record a Notice of Noncompliance against the Tract or Lot on which the noncompliance exists in the Office of the County Clerk of Brazoria County, Texas; (b) remove the noncomplying hnprovement to Property; (c) levy a fine for noncompliance; and/or (d) otherwise remedy the noncompliance (including, if applicable, completion of the hnprovement in question), and, if the Board elects to take any action with respect to such violation, the Owner shall reimburse the Association upon demand for all expenses incuJTed therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board may levy a Reimbursement Assessment for such costs and expenses ru1dlor fines against the Owner of the Lot or Tract in question. The permissive
omptly repaid by the Owner to the Association, the Board may levy a Reimbursement Assessment for such costs and expenses ru1dlor fines against the Owner of the Lot or Tract in question. The permissive (but not mandatory) right of the Association to remedy or remove any noncompliance (it being understood that no Owner may require the Association to take such action) shall be in addition to all other rights and remedies that the Association may have at law, in equity, under this Declaration, or otherwise.
Section 13. No Implied Waiver or Estoppel . No action or failure to act by the Architectural Review Committee shall constirute a waiver or estoppel with respect to future action by the Architecrural Review Committee or the Board of Directors, with respect to any Improvement to Property. Specifically, the approval by the Architectural Review Conm1ittee of any Improvement to Prope1ty shall not be deemed a waiver of any right or ru1 estoppel against withholding approval or consent for any similar Improvement to Property or any similru· proposals, plans, specifications, or other materials submitted with respect to any other hnprovement to Property by such Person or otherwise.
Section 14. Power to Grant Variances. The Architectural Review Committee may authorize variances from compliance with any of the provisions of Aiticle Vlli of this Declaration (except for the provisions of AI1icle VIII, Section 2 relating to single family residential construction and use, for which no vru-iances may be gt·ru1ted by the ARC), including restrictions upon placement of structures, the time for completion of construction of any hnprovemenl to Property, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic,
cement of structures, the time for completion of construction of any hnprovemenl to Property, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic, environmental, or other relevant considerations may require. Such variru1ces must be evidenced in writing and shall become effective when signed by at least a majority of the members of the Architectural Review Committee. If ru1y such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occuJTed with respect to the matter for which the variance was granted; provided, however, that the granting of a variance shall not operate to waive any of the provisions of this Declaration for ru1y purpose except as to the particular property and particular provision hereof covered by the variance} nor shall the granting of any variance affect the jurisdiction of the Architectural Review Committee other than with respect to the subject matter of the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply 20 433732w LSJ 35\074-15 5!24/2004 with all govenm1entallaws and regulations affecting the Lot or Tract concerned. Any request for a variance which is not responded to within thirty (30) days of its receipt shall be deemed denied.
Section 15. Reimbursement of Architectural Review Committee . The members of the Architectural Review Committee shall be entitled to reimbursement by the Association for reasonable expenses incurred by them in the performance of their duties hereunder as the Board fi·mn time to time may authorize or approve.
Section 16. Delegation of Authority It is understood that the Architectural Review
curred by them in the performance of their duties hereunder as the Board fi·mn time to time may authorize or approve.
Section 16. Delegation of Authority It is understood that the Architectural Review Committee may delegate all or pmt of its authority hereunder to review the documents submitted to it and that the Architectural Review Committee may retain the services of architects, engineers and others (and Owners shall pay all fees) fi·om time to time for the purpose of reviewing such documents and making recommendations as to approval, disapproval or modification thereof.
Section 17. Authmity to Charge Fees . The Architectural Review Committee may charge and collect a reasonable fee for processing an application submitted to the Architectural Review Committee for approval. Such charges shall be payable at the time and place and in the manner prescribed by the Architectuml Review Committee. The Architectural Review Committee also may charge m1d collect such other fees or deposits as are reasonable and necessary, including but not limited to inspection fees. All fees and deposits are subject to change by the Architectural Review Committee without prior notice.
Section 18. Non-liability for Architectural Review Committee Action . None of the members of the Architectural Review Committee, the Association, any member of the Board of Directors, or Declarant shall be liable for any loss, damage, or injury arising out of or in any way co1111ected with the perfom1ance of the duties ofthe Architectural Review Committee. In reviewing any matter, the Architectural Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Propmty be deemed approval of the Improvement to Property from
iewing any matter, the Architectural Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Propmty be deemed approval of the Improvement to Property from the standpoint of safety, whether stmctural or othetwise, or confonnance with bnilding codes, or other govenunenlal laws or regulations. Furthermore, none of the members of the Architectural Review Committee, any member of the Board of Directors, or Declarm1t shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts cmrunitted by or on behalf of the Association, or for a tort of another of such individuals, whether such other individuals were acting on behalf of the Association, the Architectural Review Committee, the Board of Directors, or otherwise. Finally, neither Declarant, the Association, the Board, the Architectural Review Committee, or their officers, agents, members, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, Improvements, or portion thereof, or for failure to repair or maintain the same.
Section 19. Constmction Period Exception . During the course of actual constmction of any pennitted structure or In1provement to Property, and provided constmction is proceeding with due diligence, the Architectural Review Committee may temporarily suspend certain provisions of this Declaration as to the Tract or Lot upon which the constmction is taking place to the extent necessary to permit such constmction; provided, however, that during the course of any such constmction, nothing shall be done that will result in a violation of any of the provisions of this 21 4;3.37J::?Iv LSJ lSI 074-15 51241200>1
ion; provided, however, that during the course of any such constmction, nothing shall be done that will result in a violation of any of the provisions of this 21 4;3.37J::?Iv LSJ lSI 074-15 51241200>1 with all govemmentallaws and regulations affecting the Lot or Tract concemed. Any request for a variance which is not responded to within thirty (30) days of its receipt shall be deemed denied.
Section 15. Reimbursement of Architectnral Review Committee . The members of the Arcbitectmal Review Committee shall be entitled to reimbursement by the Association for reasonable expenses incurred by them in the performance of their duties hereunder as the Board fi·om time to time may authorize or approve.
Section 16. Delegation of Authority It is understood that the Architectural Review Committee may delegate all or part of its authority hereunder to review the documents submitted to it and that the Architectural Review Committee may retain the services of architects, engineers and others (and Owners shall pay aU fees) from time to time for the purpose of reviewing such documents and making recommendations as to approval, disapproval or modification thereof.
Section 17. Authority to Charge Fees . The Architectural Review Committee may charge and collect a reasonable fee for processing an application submitted to the Architectural Review Cmmnittee for approval. Such charges shall be payable at the time and place and in the manner prescribed by the Architectural Review Committee. The Architectural Review Committee also may charge and collect such other fees or deposits as are reasonable and necessary, including but not limited to inspection fees. All fees and deposits are subject to change by the Architectural Review Committee without prior notice.
fees or deposits as are reasonable and necessary, including but not limited to inspection fees. All fees and deposits are subject to change by the Architectural Review Committee without prior notice.
Section 18. Non-liability for Architectural Review Committee Action . None of the members of the Architectural Review Committee, the Association, any member of the Board of Directors, or Declarant shall be liable for any loss, damage, or injury arising out of or in any way connected with the perfom1ance of the duties ofthe Architectural Review Committee. In reviewing any matter, the Architectural Review Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to Property he deemed approval of the hnprovement to Property from the standpoint of safety, whether structural or otherwise, or conformance with building codes, or other govenunental laws or regulations. Furthermore, none of the members of the Architectural Review Committee, any member of the Board of Directors, or Declarant shall be personally liable for debts contracted for or otherwise incurred by the Association or for any torts committed by or on behalf of the Association, or for a tort of another of such individuals, whether such other individuals were acting on behalf of d1e Association, the Architectnral Review Committee, the Board of Directors, or otherwise. Finally, neither Declarant, the Association, the Board, the Architectural Review Committee, or their officers, agents, members, or employees shall be liable for any incidental or consequential damages for failure to inspect any premises, hnprovements, or portion thereof, or for failure to repair or maintain the same.
Section 19. Construction Period Exception . During the course of actual construction of any
re to inspect any premises, hnprovements, or portion thereof, or for failure to repair or maintain the same.
Section 19. Construction Period Exception . During the course of actual construction of any pennitted structure or Improvement to Property, and provided construction is proceeding with due diligence, the Architecturai Review Conm1ittee may temporarily suspend certain provisions of this Declaration as to the Tract or Lot upon which the construction is taking place to the extent necessary to permit such construction; provided, however, that during the course of any such construction, nothing shall be done that will result in a violation of any of the provisions of this 21 4JJ732w LSJ 3511l74-!5 512412004 Declaration upon completion of construction or that will constitute a nuisance or unreasonable interference with the use and enjoyment of other property within the Properties.
Section 20. Master CCR's Architectural Review . All Owners are hereby advised that there are architectural review procedures also in the Master CCR's, which also must be complied with prior to construction of any Proposed Improvement to Property.
ARTICLE VIII.
Architectural Restrictions Section 1. Residence Size . Each Residence constructed on a Lot shall contain the minimum number of total square feet of living area (exclusively of porches and garages), as required by the City of Pearland.
Section 2. Height and Character of Residence . No Residence shall be erected, altered, or pem1itted to remain on any Lot other than one Residence used for single family residential purposes only, not to exceed three (3) stories in height, and a fully endosed garage as provided in Section 7 .
.Section 3. Location of Residence . Except as may be authorized in writing by the
ential purposes only, not to exceed three (3) stories in height, and a fully endosed garage as provided in Section 7 .
.Section 3. Location of Residence . Except as may be authorized in writing by the Architectural Review Committee, no Residence or Improvement shall be located nearer to the front Lot line nor nearer to any rear or side Lot line than as pemitted by the recorded Plat of the Properties, and in compliance with all regulations, rules or ordinances of the City of Pearland, unless a variance has been granted by the Architectural Review Committee and the City of Pearland.
Section 4. Exterior Walls . No Residence shall have exterior wall construction which is other than what is required in the Architectural Guidelines. Any constmction materials used other than brick or masonry concrete or other approved material must have Architectural Review Committee approvaL Section 5. Use of Temporary Stmctures . No structure of a temporary character, whether trailer, basement, tent, shack, garage, bam, shed, or other outbuilding shall be maintained or used on any Lot or Tract at any time as a Residence, or for any other purpose, either temporarily or pennanently; provided, however, that Declarant reserves the exclusive right to erect, place, and maintain such facilities in or upon any pmiion of the Property as in its sole discretion may seem necessary or convenient while selling Tracts and Lots, selling or constructing Residences, or constructing other Improvements within the Property. The right to use temporary structmes in cmmection with the construction oflmprovements may be assigned from time-to-time, in whole or in part, by Declarant to Sub-developers. All pem1itted temporary struch1res shall be reasonably maintained at ali times.
the construction oflmprovements may be assigned from time-to-time, in whole or in part, by Declarant to Sub-developers. All pem1itted temporary struch1res shall be reasonably maintained at ali times.
Section 6. Drainage . Without the prior written consent of the Architectural Review Committee, no Owner of a Lot or Tract shall be permitted to construct Improvements on such Lot 22 or Tract or grade such Lot or Tract or pem1it such Lot or Tract to remain in or be placed in such condition that surface water on such Lot or Tract drains to any other Lot or the Common Area.
Section 7. Cammis/Garages . No carports shall be constructed on any Lot or Tract, unless approved by the ARC. All garages shall be: (a) fully operable; (b) capable of housing at least two (2) automobiles; and, (c) enclosed by fully functional and operational garage doors which must be kept in the closed position when the garage is not being used by the Owner or occupant. The garage portion of any model home may be used by Sub-developers for sales purposes, storage purposes, and other related purposes. Upon (or before) the sale of any such model home to the first purchaser thereof, the garage portion of the model home shall be converted to a fully enclosed garage capable of housing not less than two (2) automobiles, with fully functional and operational garage doors.
No garage shall be enclosed, modified or otherwise used so as to reduce its capacity for parking vehicles below that originally approved by the Architectural Review Committee, nor may any portion of a garage be divetied to any use other than the parking of vehicles and other generally accepted and customary uses of a garage. In particular, bnt not in limitation of the foregoing, no
any portion of a garage be divetied to any use other than the parking of vehicles and other generally accepted and customary uses of a garage. In particular, bnt not in limitation of the foregoing, no pmtion of any garage may be used as a residence, game room or for any similar use as living quarters.
Section 8. Roofs . Unless othetwise approved, the roof of all buildings on the Lot or Tract shall be covered with composition shingles with a life oftweuty (20) years or better, or comparable to minimum specifications as defined by the Federal Housing Authority. The color of any composition shingles shall be subject to written approval by the Architectural Review Committee prior to installation. Any other type roofing material may be used only if approved in writing prior to installation.
Section 9. Grass, Shrubbery and Landscaping . The Owner of each Lot with a Residence thereon shall solid sod with grass the area between the Residence and the curb line(s) of the abutting street(s} within thirty (30) days of a certificate of occupancy being issued for such Residence. All grass, plants, and slmtbs shall be maintained by the Owner of the Lot or Tract The grass, plants, slmtbs and trees shall be of a type and within standards approved by the Architecttu·al Review Committee. No front yard of any Lot (nor any side yard of a comer Lot) maybe landscaped entirely with cactus and/or crushed rock; crushed rock and/or cactus shall only be used in planting beds and the front (and side on comer Lots) yaTds must be sodded with grass. The landscaping requirements ofthe AJChitectural Review Committee may be revised from time-to-time.
Section 10. Satellite Dishes and Antennas .
(a) Antenna or Satellite Dish in Excess of One Meter (39 inches). No antenna or
ments ofthe AJChitectural Review Committee may be revised from time-to-time.
Section 10. Satellite Dishes and Antennas .
(a) Antenna or Satellite Dish in Excess of One Meter (39 inches). No antenna or satellite dish which exceeds one meter (39 inches) in diameter is permitted on any Lot or Tract.
\DJ Antenna or Satellite Dish of One 1v1eter (39 inches) or Less. and Other Antennas and Related Masts. An antenna or satellite dish of one meter (39 inches) or Jess, and other antennas and related masts are pennitted to be placed on a Lot or Tract provided any such item must comply with all of the below set forth minimmn conditions. Further, the Association 23 must receive written notification at its then current address from the Owner of the applicable Lot or Tract, on or before the installation of any antenna, satellite dish and related mast provided for in this Section 1 O(b). Such notification must include the type and color of antenna, satellite dish, and any related mast to be installed, and the method, manner, site of installation and relationship to all Improvements on such Lot or Tract. The site must be shown in a plot plan. If more than one location meets all of the minimum conditions below, then the ARC must approve the choice of locations.
If the Owner of a Lot or Tract proposes to install an antemm, satellite dish and any related mast provided for in this Section IO(b) in any manner whatsoever which does not strictly comply with tl1e below set forth minimmn conditions, such Owner must submit an application to the Architectural Review Committee and obtain the written approval of the Architectural Review Committee prior to commencing such installation. In cmmection with the Architectural Review
pplication to the Architectural Review Committee and obtain the written approval of the Architectural Review Committee prior to commencing such installation. In cmmection with the Architectural Review Committee's decision, the Architectural Review Committee shall consider such factors as it deems appropriate, in its reasonable discretion. The application to the Architectural Review Committee must be made on a form approved by the Architectural Review Committee and contain such information as may be required by tl1e Architectw·al Review Committee, including a statement which specifically desctibes the manner in which it is proposed that such antemm, satellite dish and related mast will vary from such minimum conditions. The Architectural Review Committee shall endeavor to make its decision regarding the proposed antenna, satellite dish and any related mast on an expedited basis within seven (7) days after receipt by the Architectural Review Conm1ittee of the completed application and all infonnation required therein. The granting of a variance from such minimum conditions shall in no way affect the Owner's obligation to comply with all govemmental _laws and regulations and other regulations affecting the Lot or Tract concerned.
( c} Minimum Conditions. In addition to the foregoing requirements, no antenna, satellite dish, or any related mast shall be erected, constructed, placed, or permitted to remain on any Lot or Tract unless such installation strictly complies with the following minim1m1 conditions (however, each minimum condition shall not apply if it unreasonably delays installation of tl1e applicable antennae, satellite dish, and any related mast, or tmreasonably increases the cost of such
ns (however, each minimum condition shall not apply if it unreasonably delays installation of tl1e applicable antennae, satellite dish, and any related mast, or tmreasonably increases the cost of such items or their installation, or precludes reception of an acceptable quality signal): (i) The antenna, satellite dish and any mast must be located to the rear one-half (Y,) of the Lot or Tract and must serve only improvements on tl1e particular Lot or Tract in which it is located.
(ii) To the extent feasible, the antetma, satellite dish and any mast, including its base and anchoring structure, shall not extend above the roof line of the house located on the Lot or Tract and shall not be visible from the frontage street or any adjoining street.
(iii) To the extent feasible, no antenna, satellite dish or mast shall be constructed or placed or pem1itted to remain on any utility easement or other easement or right of-way located on any Lot or Tract.
(iv) The antenna, satellite dish and any mast must be securely mounted to a base, so as to be able to withstand the effects of high winds or other extraordinary weather conditions; however, no guy wires or similar mounting apparatus will be allowed.
(v) No advertising slogans, logos, banners, signs or any other printing or illustration whatsoever shall be pe1mitted upon or be attached to the antenna, satellite dish or mast.
(vi) No satellite dish or anterma shall ever be used for the transmission of any signal whatsoever and said antenna or satellite dish shall be for the purpose of receiving only nonnal signals through airwaves for television viewing or intemet access purposes only.
(vii) No m1temm or satellite dish shall be permitted to cause any distortion or interference
e of receiving only nonnal signals through airwaves for television viewing or intemet access purposes only.
(vii) No m1temm or satellite dish shall be permitted to cause any distortion or interference whatsoever with respect to any other electronic device in the Subdivision.
(viii) The antem1a, satellite dish and m1y mast shall be one solid color only, either white or black or shades of either brown, gray or tan.
(ix) Each Lot or Tract shall be pem1itted to have no more thm1 one antenna or satellite dish and any related mast, as applicable, for each category of the following categories of video programming providers, to-wit: direct broadcast satellites, multi channel multi-point distribution (wireless cable) providers, and television broadcast stations.
(x) Any antenna, satellite dish, or related mast installed hereunder shall be installed in a manner that complies with all applicable laws and regulations and manufacturer's instructions.
(xi) If any provision of the guidelines in this Section 10 is mled invalid, the remainder of such guidelines shall remain in full force and effect.
Section ll. Flagpoles . No free standing flagpole shall be pennanently erected on m1y Lot or Tract. A temporary flagpole approved by the Architectural Review Committee may be erected on a Lot with a model home until such time that the Lot on which the model home is situated is sold.
Section 12. Exterior Lighting . All exterior lighting must first be approved by the Architectural Review Committee. No exterior lighting may shed light onto other Properties or into residential dwellings in such a manner that creates a nuisance.
Section 13. Sotmd Devices . No external horns, whistles, bells, or other sound devices,
ing may shed light onto other Properties or into residential dwellings in such a manner that creates a nuisance.
Section 13. Sotmd Devices . No external horns, whistles, bells, or other sound devices, except for security systems used exclusively to protect the Residence, shall be placed or used on m1y Lot or Tract or hnprovements. This paragraph shall not preclude the use of outdoor speakers, 25 stereos, home ente1tahm1ent systems, or radios if the sound level is maintained at a reasonably low level with respect to adjoining property.
Section 14. Window Treatment. No window in any Residence or other Improvement that is visible from any other Lot or Tract or a street may be covered with any aluminum foil or other reflective material. Window coverings must be compatible with the design of the Residence and the overall appearance of the Properties and from the exterior must be neutral or white if visible from the street. The Architectural Review Committee shall have the sole authority to detem1ine whether particular window cove1ings are compatible with the design and color of the Residence and the overall appearance of the Properties. Permanent window coverings must be installed within ninety (90) days of a conveyance of a Residence from a Sub-developer to a homeowner.
Section 15. Air Conditioners . No window, roof or wall-type air conditioner that is visible fimn any street or any other Lot or Tract, shall be used, placed or maintained on or in any Residence, garage or other Improvement.
Section 16. Tents, Mobile Homes and Temporary Structures . Except for Declarant's marketing and constmction trailers and temporary buildings and except as may be permitted by the
or other Improvement.
Section 16. Tents, Mobile Homes and Temporary Structures . Except for Declarant's marketing and constmction trailers and temporary buildings and except as may be permitted by the Architectural Review Committee dming initial construction within the Properties, no tent, shack, mobile home, or other stmctnre of a temporary natnre shall be placed upon a Lot or Tract or any pa1t of the Properties. The foregoing prohibition shall not apply to restrict the construction or installation of a single utility or similar outbuilding to be pem1anently located on a Lot, provided it receives the prior approval of the Architectnral Review Committee, as appropriate, in accordance with Article VII hereof. All pennitted structnres shall be properly maintained at all times and positioned on the Lot so as to not be visible from the fronting street and/or side street in the event of a corner lot. Additionally, all pe1mitted stmctures shall be limited to a maximum height of eight (8') feet at the highest point of said roof, and shall be no more than one hundred twenty square feet (120') of floor space. Materials, color and design of all permitted stmctures must be the san1e as the primary dwelling. In addition, party tents or similar temporary sllucUlres may be erected for a limited period oftime for special events with prior written approval ofthe Board.
Section I 7. Drainage . Catch basins and drainage areas are for the purposes of natural flow of water only. No obstmctions or debris shall be placed in these areas. Provided, however, the Association hereby reserves for itself and the Association a perpetual easement across the Properties for the purpose of altering drainage and water flow. No Owner or occupant shall dump grass
er, the Association hereby reserves for itself and the Association a perpetual easement across the Properties for the purpose of altering drainage and water flow. No Owner or occupant shall dump grass clippings, leaves or other deblis, petroleum products, fertilizers or other potentially hazardous or toxic substances, in any drainage ditch, stonn sewer, sanitary sewer, stream, or pond within the Properties.
Section 18. Sight Distance at Intersections . All property located at street intersections shall be landscaped so as to permit safe sight across the street co1 uers. No fencel wall, hedge, or sl'.rub planting shall be placed or pennitted to remain where it would create a traffic or sight problem.
26 <113732w LSJ JSJ07..J-!5 5/24f2004 Section 19. Artificial Vegetation, Exterior Sculpture and Similar Items . No attificial vegetation, permat1ent flagpoles or temporary flagpoles shall be permitted on the exterior of any portion of the Prope1ties. No exterior sculpture, fountains, flags and temporary flagpoles, birdhouses, birdbaths, other decorative embellislm1ents or similar items shall be permitted unless approved in accordat1ce with Article VII of this Declaration. No such decorative embellishment or similar items shall be pennitted on the front portion of my or Tract Lot or yard. However, notwithstanding the foregoing, flags mounted on the front ofthe primary dwelling with a bracket shall be allowed for one (I) week before a·1mtionally recognized holiday and one(!) week after such holiday only.
Section 20. Playground . No jungle gyms, swing sets or similar playground equipment shall be erected or installed on any Lot or Tract without prior written approval of the At·cbitectural
holiday only.
Section 20. Playground . No jungle gyms, swing sets or similar playground equipment shall be erected or installed on any Lot or Tract without prior written approval of the At·cbitectural Review Committee in accordance with Article VII hereof. These items shall be positioned on the Lot so as not to be visible from any street. These items must be placed on the rear of the Lot no closer to the side than ten feet (I 0'), and shall be no taller than twelve feet (12'). A11y playground or other play areas or equipment fumished by the Association or erected within the Properties shall be used at the risk of the nser, and the Association shall not be held liable to any Person for any claim, damage, or injury occurring thereon or related to use thereof.
Section 21. Walls. Fences and Hedges. No hedge in excess of three feet (3') in height, shall be erected or maintained nearer to the front Lot or Tract line that1 the building set-back line adjacent to the walls of the dwelling existing on such Lot or Tract. No side or reat· fence or wall shall be more than eight feet (8') nor less than four (4') in height. All fences and walls shall be constructed atld located as described in the At·chitectural Guidelines or as described by the Architectural Review Committee. Unless approved by the Architectural Review Committee, no chain lin1c, chicken wire, or other wire fence will be pem1itted on any Lot or Tract. No fence or wall shall be erected on any Lot or Tract nearer to the street than the building setback lines as shown on the Plat. The Architectural Review Committee has the right to deviate its approval for the style and materials and/or placement to be used based on the location within the Properties. It is the intent to maintain
e Architectural Review Committee has the right to deviate its approval for the style and materials and/or placement to be used based on the location within the Properties. It is the intent to maintain visual continuity especially along entryways and/or main thoroughfares and/or adjacent to common area prope1iies. Title to any wall, fence, or hedge shall pass ownership with title to the Lot or Tract, and it shall be the Owner's responsibility to maintain said wall, fence or hedge thereafter in the manner prescribed by the Association.
Section 22. Exterior Paint . The exterior surfaces of buildings( including doors), fences or walls located in the Properties shall not be painted or stained unless the Architectural Review Committee gives its prior written approval of the color of paint or stain to be used; even when repainting with the existing color. The purpose of this covenant is to maintain harmony of the exterior paint colors of the buildings throughout the Properties. Iridescent and/or pastel colors or tones considered to he brilliant are not pem1itted. Any fence shall be maintained in its natm·al state, or in compliance with the Architectural Guidelines if such Architectural Guidelines apply to the wall or fence in question, except the Project Brick Fence or Wall.
27 433732\v LSJ 351074-15 5/24f200-1 ARTICLE IX.
Use Restrictions Section 1. General . The Properties shall be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any property manager retained by Declarant or the Association). Any Supplemental Declaration imposed on the Properties may impose shicter standards than those contained in this Article. The Association, acting tln·ough its
etained by Declarant or the Association). Any Supplemental Declaration imposed on the Properties may impose shicter standards than those contained in this Article. The Association, acting tln·ough its Board of Directors, shall have standing and the power to enforce such standards.
Section 2. Single Family Residential Use . Each Owner shall use its Tract only to develop into Lots, unless another use is approved by the Board. Each Owner shall use his Lot and the Residence on his Lot, if any, for single family residential purposes only. As used herein, the term "single family residential purposes" shall be deemed to specifically prohibit, by way of illustration but without limitation, the use of any Lot for a duplex apartment, a garage apartment or any other apartment or for any multifamily use or for any business, educational, church, professional or other commercial activity of any type, except that an Owner may use his Residence as a personal office for a profession or occupation, provided: (a) the public is not invited, pennitted, or allowed to enter the Residence or any structure or Improvement upon such Lot and conduct business therein; (b) no signs advertising such profession or business are pem1itted; (c) no on-site employees are pe1mitted; (d) no offensive activity or condition, noise, odor, or traffic (vehicular or pedestrian) is generated and (e) such use in all respects complies with the laws of the State of Texas, any applicable ordinances, and the laws, mles, and regulations of any regulatory body or govemmental agency having.·authority and jurisdiction over such matters. The tem1 "single family residential purposes" shall also be defined as: (a) one or more persons related by blood, marriage or adoption, which may
having.·authority and jurisdiction over such matters. The tem1 "single family residential purposes" shall also be defined as: (a) one or more persons related by blood, marriage or adoption, which may include only parents, their children (including foster children and wards), their dependent brothers and sisters, their grandparents and domestic servants; and (b) no more than two unrelated persons living together as a single housekeeping unit and their children (including foster children and wards), their dependent brothers or sisters, their grandparents and their domestic servants.
Section 3. Occupants Bound . All provisions of the Declaration, By-Laws and of any Rules and Regulations or use restrictions promulgated pursuant thereto which govem the conduct of Owners shall also apply to all occupants, guests and invitees of any Lot or Tract Every Owner shall cause all occupants of his or her Lot or Tract to comply with the Declaration, By-Laws, and the Rules and Regulations adopted pursuant tl1ereto, m1d shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Lot or Tract are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and Rules and Regulations adopted pursuant thereto.
Section 4. Quiet Enjoyment . No portion of the Properties shall be used, in whole or in part, for the storage of any property or thing thai wiH cause it to appear to be in an unclean or untidy condition or that will be obnoxious to tl1e eye; nor shall any structure, thing, or material be kept upon any p01tion of the Properties that will emit foul or obnoxious odors or that will cause any
dy condition or that will be obnoxious to tl1e eye; nor shall any structure, thing, or material be kept upon any p01tion of the Properties that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the 28 occupants of sunounding property. No noxious, illegal, or offensive activity shall be carried on upon any portion of the Properties, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Properties. There shall not be maintained any plants or animals or device or thing of any SOli whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Properties. No outside buming of wood, leaves, trash, garbage or household refuse shall be pem1itted within the Properties. The use and discharge of firecrackers and other fireworks is prohibited within the Properties.
Section 5. Business Use . No garage sales, moving sales, rummage sales or similar activity (provided, however, an Owner of a Lot may have one of the following types of sales: (i) garage, (ii) moving, (iii) rummage, lasting no more than one (I) full weekend no more than one time during each one (1) year period of ownership) and no trade or business may be conducted in or from any Lot or Tract, except that an Owner or occupant residing in a Residence on a Lot may conduct business activities within the Residence, so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (b) the business
iness activities within the Residence, so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (b) the business activity confom1s to all zoning requirements for the Properties; (c) the business activity does not involve persons coming onto the Properties who do not reside in the Properties or door-to-door solicitation of residents of the Prope1ties; and (d) the business activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be dete1mined in the sole discretion of the Board. · Section 6. Definition of "Business" and "Trade" . The te1ms "business" and "trade", as used herein, shall be consh<Ied to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or pmt-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefore. Notwithstanding the above, the leasing of a Lot pursum1t to Section 8 of this Article IX shall not be considered a trade or business within the meaning of this Section. The definition of "business" m1d "h·ade" shall not apply to any activity conducted by Declarant with respect to its development and sale of any and all Tracts and Lots and Residences located thereon.
The definition of "business" m1d "h·ade" shall not apply to any activity conducted by Declarant with respect to its development and sale of any and all Tracts and Lots and Residences located thereon.
Section 7. Unsightly or Unkempt Conditions . It shall be the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot or Tract. The pursuit of bobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly a11d disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, sbaiJ not be pursued or undertaken. on any part of the Prope1ties. Notv;ithsta.11ding the above, the disassembly and assembly of motor vehicles to perfonn repair work shall be pem1itted provided such activities are not conducted on a regular or frequent basis, and are either conducted entirely within an enclosed garage or, if conducted outside, m·e begun and completed within twelve (12) hours.
29 Section 8. Leasing of Lots or Tract.
1. Definition. "Leasing", for purposes of this Declaration, is defined as regular, exclusive occupancy of a Lot or Tract by any person or persons other than the Owner for which the Owner received any consideration or benefit, including, but not limited to a fee, service, gratuity, or emolument 11. Leasing Provisions. Lots or Tracts may only be ]eased for single family residential purposes as defined in this Declaration. No Owner shall be petmitted to lease his Lot or Tract for hotel or transient purposes, which for purposes of this Section is defined as a period of less than thirty (30) days. No Owner shall be pennitted to lease less
petmitted to lease his Lot or Tract for hotel or transient purposes, which for purposes of this Section is defined as a period of less than thirty (30) days. No Owner shall be pennitted to lease less than the entire Lot or Tract Every such lease shall be in writing. Every such lease shall provide that the tenant shall be bound by and subject to all of the obligations of the Owner under this Declaration. The Owner making such lease shall not be relieved from any of such obligations. Upon the execution of a lease agreement, the Owner shall notify the Association in writing of the Owner's designated address and the name of Owner's lessee. No lessee shall be entitled to use the recreational facilities or Common Area of the Association until the infom1ation specified in this Section is provided to the Association in writing and the Owner further notifies the Association in writing that the Lessee has been granted the authority to use the recreational facilities and Common Area of the Association by such Owner. The use of the Common Areas and/or recreational facilities is limited to the benefit of one ( 1) family per Residence and the granting of such rights to a tenant excludes the right oftbe Owner during such period.
Section 9. Compliance with Declaration, By-Laws and Rules and Regulations . Every Owner shall cause all occupants of his or her Lot or Tract to comply with the Declaration, By-Laws, and tl1e Rules and Regulations adopted pursuant thereto, and shall be responsible for all violations and losses to the Common Areas caused by such occupants, notwithstanding the fact that such occupants of a Lot or Tract are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and Rules and Regulations adopted pursuant thereto.
notwithstanding the fact that such occupants of a Lot or Tract are fully liable and may be sanctioned for any violation of the Declaration, By-Laws, and Rules and Regulations adopted pursuant thereto.
Section 10. Laws and Ordinances . Every Owner and occupant of any Lot or Tract, their guests and invitees, shall comply with all laws, statutes, ordinances and rules of federal, state and municipal govemments applicable to the Properties and any violation thereof may be considered a violation of this Declaration; provided, the Board shall have no obligation to take action to enforce such laws, statutes, ordinances and mles.
Section II. Subdivision of Lots or Tracts. Declarant hereby expressly reserves the 1ight to replat any Lot or Lots or Tract or Tracts owned by Declarant in accordance \vith all applicable subdivision and zoning regulations.
30 43J732w LSJ 351074·15 5124121104 Section 12. Parking and Prohibited Vehicles. No motor vehicles or non-motorized vehicle, boat, trailer, marine craft, recreational vehicle, camper rig off of truck, hovercraft, aircraft, machinery, or equipment of any kind may be parked or stored on any part of any Lot or Tract, easement, or right-of-way, unless such vehicle or object is completely concealed from public view inside a garage or enclosure approved by the Architectural Review Committee. Passenger automobiles, passenger vans, motorcycles, or pick-up trucks that: (a) are in operating condition; (b) have current license plates and inspection stickers; (c) are in daily use as motor vehicles on the streets and highways ofthe State of Texas; and (d) which do not exceed six feet six inches (6'6") in height, or eight feet (8') in width, or twenty-four feet {24') in length or have more than six (6)
streets and highways ofthe State of Texas; and (d) which do not exceed six feet six inches (6'6") in height, or eight feet (8') in width, or twenty-four feet {24') in length or have more than six (6) wheels, may be parked in the driveway on a Lot or Tract; however, no vehicle shall be parked so as to obstruct or block a sidewalk, if any, and no vehicle shall be parked upon any portion of the grassed areas or yard. For purposes hereof "stored" shall mean longer than five (5) days. No vehicle may be repaired on a Lot or Tract unless the vehicle being repaired is concealed from view inside a garage or other approved enclosure unless permitted pursuant to Section 7 above. This restriction shall not apply to any vehicle, machinery, or equipment temporarily parked and in use for the construction, repair or maintenance of a house or houses in the immediate vicinity; provided, however, Owners or occupants of Lots or Tracts may seek a temporruy variance from these restrictions for their guests; however, any such request for a variance must receive the prior approval of the Board of Directors of the Association. The Board of Directors of the Association may adopt additional Rules and Regulations regulating parking on the streets in the Properties.
Section 13. No Hazardous Activities . No activity shall he conducted on and no Improvements shall be constructed on any property within the Properties that is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms Bhall be dischru·ged upon ru1y property and no open fires shall be lighted or permitted on any property except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior or extetior fireplace.
ires shall be lighted or permitted on any property except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior or extetior fireplace.
Section 14. On-Site Fuel Storage . No on-site storage of gasoline, heating or other fuels shall be pennitted on any part of the Properties except that up to five (5) gallons of fuel may be stored on each Lot or Tract for emergency purposes and operation of lawn mowers and similar tools or equipment, ru1d the Association shall be permitted to store file! for operation of maintenance vehicles, generators and similar equipment.
Section 15. Removal of Trash ru1d Debris During Construction . During the construction, repair, ru1d restoration or remodeling ofimprovements, each Owner shall remove ru1d haul (or cause to be removed ru1d hauled) from the Lot or Tract all tree stumps, tree limbs, branches, underbrush, and all other trash or rubbish cleared from the Lot or Tract to permit construction of the Improvements, including lru1dscaping. No burning of trash or other debris is pern1itted on any Lot or Tract, and no materials or trash hauled away from any Lot may be placed elsewhere within the Propetties, uniess approved in writing by the Architectural Review Contmittee. Additionally, each Owner, during construction or remodeling of the Improvements, shall continuously keep (or cause to be kept) the Lot or Tract in a reasonably clean and organized condition, papers, rubbish, trash, scrap, and unusable building materials are to be kept, picked up, and hauled from the Lot or Tract 31 on a regular basis. Other useable building materials are to be kept stacked and organized in a
materials are to be kept, picked up, and hauled from the Lot or Tract 31 on a regular basis. Other useable building materials are to be kept stacked and organized in a reasonable manner. No trash, materials, or dirt shall be placed in the street. Any such trash, materials, or dirt inadvertently spilling or getting into the street or street gutter shall be removed, without delay. Notwithstanding the above, during the initial construction of Residences, a Sub developer shall only be required to use reasonable efforts to comply with t11is section. For purposes of this section, unless otherwise detem1ined by the ARC, "reasonable efforts" shall mean the typical practice dming consh·uction of homebuilding companies in the general area for similarly priced houses.
Section 16. Lighting . Except for traditional holiday decorative lights, which may be displayed for one (1) month prior to and one(!) month after any commonly recognized holiday for which such lights are traditionally displayed, all exterior lights must be approved in accordance with Article VII of this Declaration.
Section 17. Excavation and Tree Removal . The digging of dirt or the removal of any dirt from any Lot or Tract is expressly prohibited except as may be necessary in conjunction witl1 the landscaping of or construction on such Lot or Tract and except in compliance with all ordinances of the City of Pearland. No trees shall be cut or removed except to provide room for construction of Improvements or to remove dead or unsightly trees; provided, however, that removal of any tree in excess of a four inch (4") caliper requires the approval of the Architectural Review Committee and the replacement, one for one, of such h"ee with a tree of equal or greater caliper. Any void,
tree in excess of a four inch (4") caliper requires the approval of the Architectural Review Committee and the replacement, one for one, of such h"ee with a tree of equal or greater caliper. Any void, depression or hole created by the removal of dirt or a tree must be filled in accordance with the requirements ofthe Architectural Review Committee.
Section 18. Damage or Destruction of Improvements . Owners are bound and obligated tlu·ough the purchase of a Lot or Tract to maintain the Lot or Tract and aU Improvements thereon in a neat and habitable manner. In the event of dan1age to any Improvement, the Owner shall have the shorter of the period permitted by applicable laws or sixty (60) days to begin repairing or demolishing the destroyed or damaged portion, and, once timely commenced, such repairs or demolition must be pursued diligently to completion. IJ; however, damage to the hnprovements is not covered by insurance, or if the Owner's claim is not approved by the Owner's insurance company, or if the Owner decides not to restore tire Improvements at such time, then the Owner may apply for a "hardship" extension to the operation of this restriction to be submitted to the Board within sixty (60) days from the date of such destruction or damage. The Board shall rule on the Owner's application for a "hardship" extension within thirty (30) days from the date of submission.
In no event shall the granting of a "hardship" extension in a particular case be deemed a waiver of the right to enforce this resniction thereafter. If a hardship extension is granted, the Owner thereafter immediately shall cause the damaged or destroyed Improvement to be demolished and the Lot or Tract to be suitably landscaped, subject to the approval of the Architechn·al Review
, the Owner thereafter immediately shall cause the damaged or destroyed Improvement to be demolished and the Lot or Tract to be suitably landscaped, subject to the approval of the Architechn·al Review Committee, so as to present a pleasing and attractive appearance. Such Lot or Tract will be properly mowed, cleaned and maintained after the re1novai of such Improvement.
Section 19. Restrictions on Garbage and Trash . No refuse, garbage, trash, lumber, grass, slm1b or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any 32 43J732w LSJ 351014·15 51141.:W04 kind shall be kept, stored, or allowed to accumulate on any Lot or Tract except within an enclosed container of a type, size and style approved by the Board and appropriately screened from view, except that any such container may be placed in a designated area for garbage or trash pickup no earlier than six o'clock p.m. on the day preceding trash pickup of such garbage and trash and shall be returned to an enclosed structure or an area appropriately screened from view no later than midnight of the day of pickup of such garbage or trash.
Section 20. Clothes Dryjng . No outside clothesline or other outside facilities for drying or airing clothes shall be erected, placed or maintained on any Lot or Tract, if visible from the street or any other Lot or Tract, nor shall clothing or household fabric or any other article be hung, dried or aired on any Lot or Tract in such a way as to be visible from other Tracts/Lots/streets or the Common Area.
Section 21. Animals . No animals of any ldnd shall be raised, bred, or kept on any Lot or Tract except in compliance with all ordinances of the City of Pearland.
racts/Lots/streets or the Common Area.
Section 21. Animals . No animals of any ldnd shall be raised, bred, or kept on any Lot or Tract except in compliance with all ordinances of the City of Pearland.
Section 22. Signs and Billboards . No signs, billboards, posters or advertising devices of any character shall be erected, permitted or maintained on any Lot or Tract except one (1) sign of not more than five (5) square feet which is used to: (a) advertise the property for sale or lease; (b) identify the builder or contractor while conshuction is in progress on such Lot or Tract; or (c) promote a political candidate, party or issue for a two (2) week period starting no earlier than two (2) weeks prior to the date of the election or referendum and which must be removed no later than the day after the date of the election or referendum. Additionally, the right is reserved by Declarant ( and any Sub-developer, with Declarant's prior consent) to construct and maintain signs, billboards, and advertising devices as is customary in cmmection with the development of the Subdivision and the sale of newly conshucted Residences. Declarant and the Association shall also have the right to erect identifying signs at each entrance to the Prope1ties. In no event shall any sign, billboard, poster or adve1tising device of any character, other than as specifically prescribed in the first sentence of this Section be erected, pennitted or maintained on any Lot or Tract without the express p1ior written consent of the Architectural Review Conm1ittee. The Association shall have the right to enter any Lot or Tract and remove any sign, billboard, poster or advertising device which is not pennitted by this Section and in so doing will not be subject to any liability for
ll have the right to enter any Lot or Tract and remove any sign, billboard, poster or advertising device which is not pennitted by this Section and in so doing will not be subject to any liability for trespassing or other tort in connection therewith or arising from such removal.
Section 23. Oil and Mining Operations . No oil d!illing, oil development operations, oil refining, quarrying or mining operations of any kind shall be pem1itted upon any of the Property, nor shall any walls, tanks, tunnels, mineral excavations or shafts be permitted upon any of the Property. No deiTick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or pennitted upon any of the Property.
Section 24. Treatment Faciiities . No Lot or Tract shaH be used for the operation of a boarding or rooming house, a residence for transients, a "group home", "family home", "community home", "half-way house", day-care center, rehabilitation center, treatment facility, or Residence of unrelated individuals who are engaging in, undertaking, or participating in any group living, 33 433732w LSJ 35l07-H 5 511-111004 rehabilitation, treatment, therapy, or trammg with respect to previous or continuing criminal activities or convictions, alleged criminal activities, alcohol or drug dependency, physical or mental handicap, or illness, or other similar matters, unless otherwise allowed by the terms of any law specifically negating the provisions of restrictive covenants prohibiting same.
ARTICLE X.
Covenants for Assessments Section L Creation of the Lien and Personal Obligation for Assessments. The undersigned Owners hereby covenant, and each Owner of any Lot or Tract by acceptance of a deed from
ovenants for Assessments Section L Creation of the Lien and Personal Obligation for Assessments. The undersigned Owners hereby covenant, and each Owner of any Lot or Tract by acceptance of a deed from Declarant therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) Aruma! Assessments; {ii) Special Assessments; and (iii) Reimbursement Assessments.
The Annual, Special, and Reimbursement Assessments (collectively the "Assessments"), together with interest, costs and reasonable attomey's fees, shall also be a charge on the Lot m· Tract and shall be a continuing lien upon the Properties and Lots and Tracts against which the Assessments are made. Each such assessment and other charges, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of the Lot or Tract at the time when the assessments fell due and shall not be affected by any change in the ownership thereof Each Owner is also subject to assessment pursuant to the Master CCR's. The assessments pursuant to the Master CCR's may be billed and collected by the Association (at the election ofthe Master Association), along with the Association's billing and collecting of Assessments hereunder.
Any assessments collected for the Master Association shall be paid to the Master Association out of the first funds available.
Section 2. Annual Assessments.
(i) Generally. Each Lot and Tract in the Properties is hereby subjected to an annual assessment (the "Annual Assessment"), conm1encing for such Lot and/or Tract on the date upon which the Declarant conveys the record fee title to Lot or Tract to another Person. Such
ected to an annual assessment (the "Annual Assessment"), conm1encing for such Lot and/or Tract on the date upon which the Declarant conveys the record fee title to Lot or Tract to another Person. Such amount will be prorated based on the number of days remaining in the calendar year. Unless otherwise decided by the Board, the Annual Assessment will be paid by the Owner or Owners of each Lot or Tract within the Properties to the Association on an annual basis, on the dates detem1ined by the Board of Directors, unless the board detennines otherwise.
34 433732w LSJ lS1074-15 5124!2004 The rate at which each Tract will be assessed will initially be $300.00 per acre per year, subject to adjustment by the Board in subsequent years. The rate at which each Lot will be assessed will be detennined annually and may be adjusted from year to year by the Association, as hereinafter provided, or as the needs for the Properties may, in the judgment of the Association, require. The Annual Assessment shall be assessed on a per Lot or per Tract basis, except as hereinafter provided for Declarant. A Tract shall change to Lots, and each of the Lots that originally comprised the Tract shall thereafter be individually assessed on a per Lot basis, when a plat is recorded for the Tract by anyone other than Declarant.
At such time as a plat is recorded changing a Tract into Lots, those Lots will be assessed at Yz the full Annual Assessment for Lots until such time as the Lot and Residence is sold to the general public. Ctmently this V, Annual Assessment is $85.00 per Lot. At the time any Lot and Residence is sold to the general public, the full Annual Assessments for a Lot as detennined by the Board shall apply to such Lot. Such full Annual Assessment is currently set at $170.00 per Lot.
and Residence is sold to the general public, the full Annual Assessments for a Lot as detennined by the Board shall apply to such Lot. Such full Annual Assessment is currently set at $170.00 per Lot.
It shall be the obligation of the Owner of each Lot and/or Tract to promptly notij'y the Association (or its managing agent) in writing, at such time as a plat is recorded for any Lot or Tract, and again at the time any Lot is sold to the general public. Upon any such notification, the Association (or its managing agent) may re-assess such Owner for the increased Almual Assessments due the Association, resulting from the change of status of the Lot or Tract, prorated for the number of days remaining in the year, having given credit for the amount already paid.
(ii) Uses. The Association may accumulate any portion of tl1e A1mual Assessments for the Maintenance Fund and may use the Maintenance Fund for any purpose provided by tltis Declaration, including by way of clarification and not limitation, at its sole option, any or all of the following: constructing and maintaining, any paths, parks, landscape reserves, parkways, easements, detention ponds, esplanades, fences, cul-de-sac and street medians, play courts, recreational facilities, meeting rooms, swimming pool and other common areas, payment of all legal and other expenses incurred in collllection with the enforcement of all charges, Assessments, covenants, restrictions and conditions affecting tl1e Prope~ties, payment of all reasonable and necessary expenses in collllection with the collection and administration of the Assessments, employing patrol services, instiUctors, and operators, caring for vacant Tracts or Lots, garbage collection, and doing other things necessary or desirable, in the opinion of the Board
the Assessments, employing patrol services, instiUctors, and operators, caring for vacant Tracts or Lots, garbage collection, and doing other things necessary or desirable, in the opinion of the Board of Directors to keep the Properties neat and in good order or which is considered of general benefit to the Owners or occupants of the Properties. It is understood that tl1e judgment of the Board of Directors in the expenditure of the Maintenance Fund shall be final and conclusive so long as said judgment is exercised in good faitl1. Nothing herein shall constitute a representation or obligation that any of the above will, in fact, be provided by the Association.
(iii) Reudition and Notice. Almual Assessments shall be payable monthly, unless the Board of Directors decides otl1erwise. TI1e Board of Directors may fix the Annual Assessment at an amount not in excess of the maximum, and shall fix the amount of the Annual Assessment against each Lot and Tract by December I preceding the Annual Assessment period. The Ammal 35 Assessment period shaH begin on January 1 of each year. W1itten notice of the Annual Assessment and the monthly due dates shall be sent to every Owner subject thereto at the address of each Lot or Tract or at such other address provided to the Association in Writing. Annual Assessments shall be considered delinquent if not received within ten (10) days of the date for which the monthly payment of the Annual Assessment pertains.
(iv) Declarant's Obligations. So long as the Declarant owns any Tracts or Lots, even though Aimual Assessments shall not commenced as to such Tracts or Lots, the Declarant shall have three (3) options with respect to funding the Association, which may be exercised singly
or Lots, even though Aimual Assessments shall not commenced as to such Tracts or Lots, the Declarant shall have three (3) options with respect to funding the Association, which may be exercised singly or in combination: (1) the Declarant may annually elect either to pay Annual Assessments on the Tracts and Lots it owns or (2) the Declarant may elect to pay to the Association the difference between the amount of assessments collected on all other Tracts and Lots subject to assessment and the amount of expenditures required to operate the Association during the fiscal year, or (3) Declarant may require the Board (whether the Board is the same as Declilrant, his agents, servants, or employees and without being liable for any claim made by any Member of the Association that the Board's fiduciary duty to the other Members of the Association has been breached due to a conflict of interest) to execute promissory notes and/or other instruments evidencing any debt the Association owes the Declarant for monies expended by the Declarant or loaned to the Association by Declarant for and on behalf of tbe Association for obligations of the Association; provided, however, such promissory notes shall not be secured by a lien on any of the Conunon Area conveyed by Declarant to the Association.
The Declarant shall be given preliminary budget numbers for the next fiscal year no later than August 1" of each year, so that it may evaluate its decisions ui1der this paragraph. Upon Declarant's sale of all Assessable Tracts owned by it, Declarant shall have no further obligation to pay Assessments to, or fund any deficits of, or make any contributions to, the Association.
The Association is specifically authmized to enter into subsidy contracts or contracts for ''in kind"
ion to pay Assessments to, or fund any deficits of, or make any contributions to, the Association.
The Association is specifically authmized to enter into subsidy contracts or contracts for ''in kind" contribution of services or materials or a combination of services and materials with Declarant or other entities for the payment of some portion of the Common Expenses.
So long as the Declarant owns any Assessable Tracts, the Declarant may elect on an annual basis, but shall not be obligated, to reduce the resulting Assessment Rate for any fiscal year hy payment of a subsidy (in addition to any amounts paid by Declarant above); provided, any such subsidy shail be conspicuously disclosed as a line item in the income portion of the Conunon Expense budget and shall be made known to the membership. TI1e payment of such subsidy in any year shall under no circumstances obligate the Declarant to continue payment of such subsidy in future year.
Section 3. Maximum Annual Assessments .
calendar year 2004 shall be in the an10unt set by the Declarant Beginning with Alumal Assessment for calendar year 2005, the maximum Annual Assessment for Lots may be increased once a year by the Board of Directors of the Association, by an amount not to exceed twenty-five percent (25%) 36 over the prior year's Annual Assessment, without a vote of the Members ofthe Association. In the event the Association becomes indebted to the Declarant in any manner, the Board of Directors will be required to assess the Owners the maximum assessment provided for in this Section 3(i) of Aliicle X each year to provide for the repayment to the Declarant until the Declarant has been paid in full.
e required to assess the Owners the maximum assessment provided for in this Section 3(i) of Aliicle X each year to provide for the repayment to the Declarant until the Declarant has been paid in full.
(ii) With Vote of Members. The A.Imual Assessment may be increased above that allowed by Section 3(i) of this Article X, if, and only if, the increase is approved by the affirn1ative vote of two-thirds (2/3) of the total Class A and Class B eligible votes of the Association at a meeting duly called for that purpose. In lieu of notice to and a meeting of Members as provided in the By-Laws of the Association, a door-to-door canvas of Members eligible to vote may be made to secure the required two-thirds (2/3) approval. Voting may also be handled by mail ballot as long as the ballots contain the name, property address, certification by the Secretary of the Association, alternate address of the Member, if applicable, and the date and signature of the Member. Ballots may be returned by U.S. mail in envelopes specifically marked as containing ballots for the election, or may be collected by door-to-door canvas.
Section 4A. Special Assessments for Capital Improvements . In addition to the A.lmual Assessments, the Board of Directors may, upon the affinnative vote of two-thirds (2/3) of the total Class A and Class B eligible votes of the Association at a meeting duly called for this purpose, levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Conm1on Area, including fixtures and personal property related thereto. Voting may also be handled by mail ballot as long as
on, reconstruction, repair or replacement of a capital improvement upon the Conm1on Area, including fixtures and personal property related thereto. Voting may also be handled by mail ballot as long as the ballots contain the name, property address, certification by the Secretary of the Association, alternate address of the Member, if applicable, and the date and signahrre of the Member. Ballots may be retumed by U. S. First Class Mail in envelopes specifically marked as containing ballots for the election, or may be collected by door-to-door canvas. Upon the levyi11g of any Special Assessment pmsuant to the provisions of this Section, the Association shall cause the Class A Members to be notified of, among other items that may be appropriate, the total number of eligible votes of the Association as of the date of the voting, the quorum required, the number of votes voting "For" and "Against" the Special Assessment, the amount of the Special Assessment authmized, and the date by which the Special Assessment must be paid in order to avoid being delinquent.
Notwithstanding the foregoing, if an emergency exists such that the Board of Directors dete1mines that the repair of a capital improvement upon the Common Area is necessary to eliminate or reduce the 1isk of injury to third parties and there is not enough money held by the Association, in reserve or otherwise, to repair the capital improvement to reduce or eliminate this risk, the Board of Directors may levy a Special Assessment to sufficiently repair the capital improvement to reduce or eliminate such !isk without the affinnative vote of two-thirds (2/3rds) of the total eligible Class A and Class B vote oftl1e Association.
Section 4B. Capitalization Fee. Each Owner of a Tract or Lot other than Declarant
without the affinnative vote of two-thirds (2/3rds) of the total eligible Class A and Class B vote oftl1e Association.
Section 4B. Capitalization Fee. Each Owner of a Tract or Lot other than Declarant (whether one or more Persons) at the time it purchases a Tract or Lot, shall be obligated to pay to 37 433732w LSJ 3SI074~15 S/2412tl04 the Association a fee of $100.00 per Tract or Lot, at the time of sale, as a Capitalization Fee. Such funds fi·om the Capitalization Fee collected at each sale shall initially he used to defray initial operating costs and other expenses of the Association, and later used to ensure that the Association shall have adequate funds to meet its expenses and otherwise, as the Declarant (and later the Association) shall determine in its sole discretion (hereinafter "Capitalization Fee"). Such Capitalization Fee shall be non-refundable and shall not be considered an advance payment of any Assessments levied by the Association pursuant to the Declaration. The amount of the Capitalization Fee may be changed prospectively (but not retrospectively) by the Association from time to time in its discretion. Such Capitalization Fee will be collected from the Owner directly at the purchase of the Tract or Lot. If any Tract or Lot is subdivided and/or platted into multiple Tracts or Lots, then the multiple Tracts or Lots will thereafter be subject to the Capitalization Fee at the time of each sale. Such Capitalization Fee shall be deemed an Assessment hereunder, and may be collected in the same fashion.
Section 4C. Conveyance Fee. In connection with the creation of the Association and the development of the Village of Biscayne Bay and the constmction of the Common Area, the
ected in the same fashion.
Section 4C. Conveyance Fee. In connection with the creation of the Association and the development of the Village of Biscayne Bay and the constmction of the Common Area, the Declarant has expended substantial sums in cOimection with developing the master plan, helping finance and plan the development, the credit enhancement necessary to obtain the necessary constmction financing and financially subsidizing the maintenance and operations of the Association and its Common Areas. In particular, the Declarant has personally guaranteed the construction financing obtained to constmct all of the Common Area improvements and other infrastructure in the Village of Biscayne Bay. Therefore, each Owner of a Tract or Lot other than Declarant (whether one or more Persons) at the time it purchases a Tract or Lot, shall be obligated to pay;to the Declarant a fee of $25.00 per a Tract or Lot as a Conveyance Fee, regardless of the size or projected usage of such a Tract or Lot at the time of sale. This Conveyance Fee shall be collected on every sale of a Tract or Lot for twenty (20) years from the date of recording of this Declaration, at which time this Conveyance Fee shall expire and shall no longer be collected. Such Conveyance Fees from each sale shall reimburse the Declarant for expenses involved in the creation of the Association, funds expended by Declarant to subsidize the operations of the Association and unreimbursed construction m1d other expenses involving the Association. Such Conveyance Fee shall also compensate the Declarant for the financial obligations and risks it undertook in its development activities and guarm1tees of financial obligations. Such Conveyance Fee shall be non
ce Fee shall also compensate the Declarant for the financial obligations and risks it undertook in its development activities and guarm1tees of financial obligations. Such Conveyance Fee shall be non refundable and shall not be considered an advance payment or offset of m1y past or future Assessments levied by the Association nor shall the Conveyance Fee be considered partial payment of the Capitalization Fee. Such Conveyance Fee will be billed to the Owner directly at the time of the purchase of the Tract or Lot. If any Tract or Lot is subdivided and/or platted into multiple Tracts or Lots, then each of the multiple Tracts or Lots will thereafter be subject to the Conveyance Fee at the time of each sale of each of the multiple Tracts or Lots.
Notwithstanding m1ything to the contrary contained herein the provisions of this Declaration regarding this Conveya.11ce Fee 1nay not be a.rnended, 1nodified1 repea!edt termhmted or waived.
Without the prior written agreement of the Declarm1t.
38 43J7.l2w LSJ J5J074-15 5124!!00~ Section 5. Notice and Quorum of any Action Authorized . The relevant provisions of the By-Laws dealing with regular or special meetings, as the case may be, shall apply to determine the time required for and proper fotm of notice of any meeting for the purposes set forth in Section 3(b) or Section 4, as applicable, of this Article X, and to ascertain the presence of a quorum at such meeting.
Section 6. Reimbursement Assessments . The Board of Directors, subject to the provisions hereof, may levy a Reimbursement Assessment against any Member if the failure of the Member or the Member's family, guests, or tenants to comply with this Declaration, the Articles of Incorporation, the Bylaws, Minimum Construction Standards, or the Rules and Regulations shall
of the Member or the Member's family, guests, or tenants to comply with this Declaration, the Articles of Incorporation, the Bylaws, Minimum Construction Standards, or the Rules and Regulations shall have resulted in the expenditure of funds or the determination that funds will be expended by the Association to cause such compliance. Further, any fines and/or penalties levied pursuant to this Declaration or pursuant to the Rules and Regulations shall be deemed Reimbursement Assessments to be collected in the san1e manner as other Reimbursement Assessments. The amount of the Reimbursement Assessment shall be due and payable to the Association ten (10) days after notice to the Member of the decision of the Board of Directors that the Reimbursement Assessment is owing.
Reimbursement Assessments may also be levied when additional services are provided to any Lot or Tract or any group of Lots or Tracts to pay for such additional services when such additional services are not provided to the Village as a whole ("Additional Services Reimbursement Assessments"). Such Additional Services Reimbursement Assessments may be included with the Annual Assessments for the Lots and/or Tracts affected, or may be assessed and collected quarterly or monthly, as the Board shall decide. Factors which the Board may consider with respect to the timing or an10unt of the billing of such Additional Services Reimbursements Assessments shall include, but shall not be limited to, the timing of additional expenses to the Association in providing such additional services, when such expenses must be paid, the recuning nature of the additional services and any reserves needed for large I<:cw1ing expenses involved in providing such additional
ing such additional services, when such expenses must be paid, the recuning nature of the additional services and any reserves needed for large I<:cw1ing expenses involved in providing such additional services which would not be Special Assessments against the Village as a whole. The Board may change the timing of the assessment of such Additional Services Reimbursement Assessments from time to time, as circumstances warrant, and may change the anmunt of such Additional Services Reimbursement Assessments from time to time, as circumstances warrant. When such Additional Services Reimbursement Assessments are assessed, the Board shall direct them to be billed and collected as other Assessments in the Declaration, with all ofthe same remedies for nonpayment.
Such Additional Services Reimbursement Assessments may not be tenninated unless the additional services are no longer being provided. The Lot or Tract or Lots or Tracts receiving the benefit of such additional services may not request the termination of such additional services unless 75% of the Lot(s) or Tract(s) receiving such additional services have agreed in writing to request such tennination, in person or by proxy. If terminating the additional services would cause the Association, Master Association and/or the City of Pearland to takeover maintenance obligations or incur any expenses, then the prior written consent of the .. A.ssociation, !-.{aster Association and/or City of Pearland (whichever entity(ies) are affected) shall be required for the termination of the additional services. Upon receipt of such a request signed in person or by proxy of the required percentage, the Board shall make all of the arrangements needed to discontinue such 39 4lJ731w LSJ 351074-!5 5rN/2004
vices. Upon receipt of such a request signed in person or by proxy of the required percentage, the Board shall make all of the arrangements needed to discontinue such 39 4lJ731w LSJ 351074-!5 5rN/2004 additional services and the Lot(s) or Tracts) that were receiving such additional services shall pay the expenses of such ammgements as an Additional Services Reimbursement Assessments."
Section 7. Estoppel/Resale Certificates . The Association or its agent shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association or its agent setting forth whether the Assessments on a specified Lot or Tract have been paid, however the Declarant shall not be charged for any such certificate when selling to a Sub"developer or an Owner. A properly executed certificate of the Association as to the status of assessments on a Lot or Tract is binding upon the Association as of the date of its issuance.
Section 8. Attribution of Payments . If any Owner's Assessment payment is Jess than the amount assessed and the payment does not specify whether it should be applied against a Annual Assessment, Special Assessment, or Reimbursement Assessment, the payment received by the Association from the Owner shall be credited in the following order of priority: (a) Reimbursement Assessment until the Reimbursement Assessment has been satisfied; (b) Special Assessment until the Special Assessment has been satisfied; and (c) Alumal Assessment until the Annual Assessment has been satisfied. In each of the foregoing cases, payments received shall be credited first to interest, fines, attorneys fees, and other costs of collection, and then to Assessment reduction, satisfying the oldest obligations first, followed by more cunent obligations, in accordance with the
o interest, fines, attorneys fees, and other costs of collection, and then to Assessment reduction, satisfying the oldest obligations first, followed by more cunent obligations, in accordance with the foregoing order of priority, or in such other mmmer or fashion or order as the Association shall detennine, in its sole discretion.
Section 9. Effect of Nonpayment of Assessments . Any of the Assessments which are not paid within thirty (30) days after the due date shall be delinquent and shall be subject to the following: (i) interest at the rate of eighteen percent (18%) per annum from the due date or the maximum rate of interest allowed by law, if less than eighteen percent (18%), aJ1d all costs of collection, including reasonable attomey's fees; (ii) all rights of the Owner as a Member of the Association (but not such Owner's responsibilities as a Member of the Association), including usage of the Corrunon A.J·ea, shall be automatically suspended until all Assessments and related costs are paid in full, and during such suspension, such Owner shall not be entitled to vote upon any matters on which Members are entitled to vote; and (iii) an action at law against the Owner personally obligated to pay the same, and/or foreclose on the lien herein retained against the Lot or Tract. Interest, costs of court, and reasonable attomeys' fees (when placed with an attomey for collection, whether with or without suit) incmTed in aJJY such action shall be added to the mnount of such Assessment or charge.
Section l 0. Contractual Lien .
40 4J3.732w i...$J JSJ074-l5 5.12-412004 reasonable attorney's fees if it becomes necessary for the Association to enforce collection of any
$J JSJ074-l5 5.12-412004 reasonable attorney's fees if it becomes necessary for the Association to enforce collection of any amount in respect of any Lot or Tract) shall be a charge on each Lot or Tract, and shall be secured by a continuing lien upon each Lot or Tract against which such assessment is made nntil paid.
{ii) Notice of Lien. Additional notice of the lien created by this Section may be effected by recording in the Office of the County Clerk of Brazoria County, Texas, an affidavit, duly executed, sworn to and acknowledged by an officer of the Association, setting forth the amount owed, the name of the Owner or Owners of the affected Lot or Tract, according to the books and records of the Association, and the legal description of such Lot or Tract.
(iii) Creation of Lien. Each Owner, by his acceptance of a deed to a Lot or Tract, hereby expressly grants to the Association and to the Master Association a lien for the purpose of securing payment of Assessments upon such Lot or Tract. The Association, acting by and through the Board of Directors may, but shall not be obligated to, prepare and record in the Real Property Records of Brazoria County, Texas, a notice of such lien which will constitute further evidence of the lien for Assessments against a Lot or Tract. In addition to and in connection therewith, by acceptance of the deed to his Lot or Tract, each Owner expressly GRANTS, BARGAINS, SELLS and CONVEYS to the President and/or Vice President or agent of the Association from time to time serving, as Trustee {and to any substitute or successor trustee as hereinafter provided for) and to the
and CONVEYS to the President and/or Vice President or agent of the Association from time to time serving, as Trustee {and to any substitute or successor trustee as hereinafter provided for) and to the Master Association such Owner's Lot or Tract, and all rights appmtenant thereto, in tnJst, for the purpose of securing the Assessments levied hereunder, and other sums due hereunder remaining unpaid hereunder from time to time. The Trustee herein designated may be changed for any reason and at 'any time and from time to time by execution of an instrument in writing signed by the President or a Vice-President of the Association and attested to by the Secretary or an Assistant Secretary of the Association and filed in the Office of the County Clerk of Brazoria County, Texas.
have the right to enforce the aforesaid lien by all methods available for the enforcement of such liens, both judicially and by nonjudicial foreclosure pursuant to Section 51.002 of the Texas Property Code (as may he amended or revised from time to time hereafter). In the event of the election by the Board of Directors ofthe Association or the Master Association to foreclose the lien herein provided for non-payment of smns secured by such lien, then it shall be the duty of the Tmstee, or his successor, as hereinabove provided, at the request of the Board (which request shall be presumed} to enforce this l!ust and to sell such request Lot or Tract, and all rights appurtenant thereto in accordance with Section 51.002 of the Texas Property Code {as said statute shall read at the time of enforcement) and to make due conveyance to purchaser or purchasers by deed binding
enant thereto in accordance with Section 51.002 of the Texas Property Code {as said statute shall read at the time of enforcement) and to make due conveyance to purchaser or purchasers by deed binding upon the Owner or Owners of such Lot or Tract, and his heirs, executors, administrators and successors. The Tmstee shall give notice of such proposed sale as required by Section 51.002 ofthe Texas Prope11y Code (as said statute shall read at the time notice is given).
nonjudicial, the Association and/or Master Association shall be entitled to hid up to the amount of the sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit 41 4337:l-2w LS1 351074·1:5 51,24/JOIM {i) Generally. Assessments (together with interest, any fines assessed, and reasonable attomey's fees if it becomes necessary for the Association to enforce collection of any amount in respect of any Lot or Tract) shall be a charge on each Lot or Tract, and shall be secured by a continuing lien upon each Lot or Tract against which such assessment is made until paid.
(ii) Notice of Lien. Additional notice of the lien created by this Section may be effected by recording in the Office of the County Clerk of Brazoria County, Texas, an affidavit, duly executed, swam to and acknowledged by an officer of the Association, setting forth the amount owed, the name of the Owner or Owners of the affected Lot or Tract, according to the books and records of the Association, and the legal description of such Lot or Tract.
{iii) Creation of Lien. Each Owner, by his acceptance of a deed to a Lot or Tract, hereby expressly grants to the Association and to the Master Association a lien for the purpose of
such Lot or Tract.
{iii) Creation of Lien. Each Owner, by his acceptance of a deed to a Lot or Tract, hereby expressly grants to the Association and to the Master Association a lien for the purpose of securing payment of Assessments upon such Lot or Tract. The Association, acting by and tluough the Board of Directors may, but shall not be obligated to, prepare and record in the Real Property Records of Brazmia County, Texas, a notice of such lien which will constih1te further evidence of the lien for Assessments against a Lot or Tract. In addition to and in cmmection therewith, by acceptance of the deed to his Lot or Tract, each Owner expressly GRANTS, BARGAINS, SELLS and CONVEYS to the President and/or Vice President or agent of the Association from time to time serving, as Trustee (and to any substitute or successor trustee as hereinafter provided for) and to the Master Association such Owner's Lot or Tract, and all rights appmtenant thereto, in trust, for the purpose of seeming the Assessments levied hereunder, and other sums due hereunder remaining unpaid'hereunder from time to time. The Trustee herein designated may be changed for any reason and at ·any time and from time to time by execution of an instrument in writing signed by the President or a Vice-President of the Association and attested to by the Secretary or an Assistant Secretary ofthe Association and filed in the Office of the County Clerk of Brazoria County, Texas.
(iv) Enforcement of Lien. The Association and/or the Master Association shall have the right to enforce the aforesaid lien by all methods available for the enforcement of such liens, both judicially and by nonjudicial foreclosure pursuant to Section 51.002 of the Texas
on shall have the right to enforce the aforesaid lien by all methods available for the enforcement of such liens, both judicially and by nonjudicial foreclosure pursuant to Section 51.002 of the Texas Property Code (as may be amended or revised from time to time hereafter). In the event of the election by the Board of Directors of the Association or the Master Association to foreclose the lien herein provided for non-payment of sums secured by such lien, then it shall be the duty of the Trustee, or his successor, as hereinabove provided, at the request of the Board (which request shall be presumed) to enforce this trust and to sell such request Lot or Tract, and all rights appwtenant thereto in accordance with Section 51.002 of the Texas Property Code (as said statute shall read at the time of enforcement) and to make due conveyance to purchaser or purchasers by deed binding upon the Owner or Owners of such Lot or Tract, and his heirs, executors, administrators and successors. The Tmstee shaH give notice of such proposed sale as required by Section 51.002 of the Texas Property Code (as said statute shall read at the time notice is given).
(v} Additional Matters Pertaining to Foreclosure. At any foreclosure, judicial or nonjudicial, the Association and/or Master Association shall be entitled to bid up to the amount of tl1e sum secured by its lien, together with costs and attorney's fees, and to apply as a cash credit 41 against its bid aH sums due to the Association and/or Master Association covered by the lien foreclosed. From and after any such foreclosure the occupants of such Lot or Tract shall be required to pay a reasonable rent for the use of such Lot or Tract, and such occupancy shall constitnte a
en foreclosed. From and after any such foreclosure the occupants of such Lot or Tract shall be required to pay a reasonable rent for the use of such Lot or Tract, and such occupancy shall constitnte a tenancy-at-sufferance, and the purchaser at such foreclosure sale shall be entitled to the appointment of a receiver to collect such rents and further, shall be entitled to sue for recovery of possession of such Lot or Tract by forcible detainer without fmther notice.
Section 11. Non-Use. Etc _No Owner may waive or otherwise escape said lien and liability for the assessments provided for herein by non-use ofthe Common Area, or abandonment, non-use or divestiture of ownership of a Lot or Tract for any Assessment which became due and payable during the time when such Owner owned the Lot or Tract.
Section 12. Exempt Portions of the Properties . All portions of the Properties dedicated to, and accepted by, a local public authority exempt from taxation by the laws of the State of Texas, and all Common Area shall be exempt from the Assessments and other charges created herein.
Notwithstanding the foregoing, no Lot or Tract which is used, or is intended for use, as a Residence or other approved use shall be exempt from Assessments and charges and the lien herein securing payment thereof .Section 13. No Offsets . The Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be pem1itted for any reason including, without limitation, (a) any claim that the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration, (b) any claim by the Owner of non-use of the Common Areas or abandonment of his Lot or Tract, (c) any claim by the Owner of inconvenience or
ly exercising its duties and powers under this Declaration, (b) any claim by the Owner of non-use of the Common Areas or abandonment of his Lot or Tract, (c) any claim by the Owner of inconvenience or discomfo11 arising fi·mn the making of repairs or Improvements to Common Area, or (d) any claim by the .Owner of inconvenience or discomfmt arising from any action taken to comply with any law or any determination of the Board of Directors or for any other reason.
Section 14. Subordination of the Lien to Mortgages . The lien of the Assessments provided for herein shall be subordinate to the liens created in the Master CCR's and to any first priority lien mortgages relating to the Lots or Tracts or liens relating to construction upon the Lots or Tracts.
Sale or transfer of any Lot or Tract shall not affect the lien of the Assessment; however, the sale or transfer of any Lot or Tract pursuant to the foreclosure of a first priority lien mortgage or any proceeding in lieu thereof, shall extinguish the lien of the Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or Tract from liability for the Assessments thereafter becoming due or from the lien thereof. A selling Owner of a Lot shall not be relieved of personal liability for any Assessments accruing on such Lot or Tract prior to the date of sale or transfer.
ARTICLE XI.
Easements and Utilities 42 43J7.32w LSl 35107-1-15 5f2412004 Section I. Title to Utility Lines . The title conveyed to any Lot or Tract within the Properties shall be subject to any easement affecting same for utility or other purposes and shall not be held or construed to include the title to the water, gas, electricity, telephone, cable television,
rties shall be subject to any easement affecting same for utility or other purposes and shall not be held or construed to include the title to the water, gas, electricity, telephone, cable television, security, stonn sewer, or sanitary lines, poles, pipes, conduits, or other appurtenances or facilities constn1cted upon, under, along, across, or through such utility easements. No Lot or Tract Owner shall own the pipes, wires, conduits, or other service lines mnning through his Lot or Tract that are used for or serve other Lots or Tracts, but each Lot or Tract Owner shall have an easement to use such facilities to the extent necessary for the use, maintenance, and enjoyment of his Lot or Tract.
Section 2. Association Easements . The Association, its agents, servants, and employees and the Master Association and its agents, servants and employees shall have and be entitled to all easements specifically referenced throughout this Declaration.
Section 3. Easements for Utilities, Etc.
(i) Generally. Declarant hereby reserves unto Declarant (so long as Declarant owns any portion of the Properties), and the designees of Declarant, a blanket easement upon, across, over, and under all of the Properties for ingress, egress, installation, replacing, repairing, and maintaining cable television systems, master television antenna systems, alann monitoring systems, and similar systems, roads, walkways, bicycle pathways, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephones, gas, and electiicity; provided, the exercise of this easement shall not unreasonably interfere with the use of any Lot or Tract and, except in an emergency, entry onto any Lot or Tract shall be made only after
electiicity; provided, the exercise of this easement shall not unreasonably interfere with the use of any Lot or Tract and, except in an emergency, entry onto any Lot or Tract shall be made only after reasonable notice to the Owner thereof.
The Owners (other than Declarant) herebyacknowledge that all rights to provide bundled telecommunication services are reserved exclusively to the Declarant under the Master CCR's, and the Association shall not attempt to provide nor enter into any type of competing contract to provide similar services as those being provided by Declarant, nor enter into or attempt to enter into any bulk rate arrangements for cable, telephone or secmity.
(ii) Specific Easements. Should any entity fumishing a service covered by the general easement herein provided request a specific easement by separate recordable document, the Board of Directors shall have the light to grant such easement over the Properties without conflicting with the terms hereof. The easements provided for in this Article shall in no way adversely affect any other recorded easement on the Properties.
(iii) Dedications to Public. The Board shall have, by a two-thirds (2/3) vote, the power to dedicate portions of the Common Area to the City of Pearland or to any other local, state, or federal governmental entity.
Section 4. Easement Regarding Electric Service Cables . Declarant hereby reserves for itself an easement for access to easement area occupied and centered on electric company service wires immediately adjacent to the Owner's Lot or Tract for the purpose of installing, repailing, and 43 4:J.J7nw LSJ 351-o/4-15 512412U04 maintaining the underground service cables each Owner is obligated to fumish, install, own, and maintain pursuant to Article XII, Section 2 below.
, repailing, and 43 4:J.J7nw LSJ 351-o/4-15 512412U04 maintaining the underground service cables each Owner is obligated to fumish, install, own, and maintain pursuant to Article XII, Section 2 below.
Section 5. Easement Regarding Project Blick Fence or Wall. Declarant hereby reserves for itself and for the Association a non-exclusive right-of-way and easement for the purpose of constructing, maintaining, operating, repailing, removing and re-constructing an entry way and identifying Subdivision community identify perimeter fence (the "Project Brick Fence or Wall") under, across and through a 5' strip of certain Lots or Tracts that are adjacent lo certain of the outer pelimeter streets of the Prope1ty, as well as a 5' stlip in such other locations as determined by Declarant or the Association, on which 5' smp such Project Brick Wall or Fence is constructed.
Prior to constmction of such entry way and such Project Blick Fence or Wall, the Declarant and/or the Association shall have the right to go over and across the portions of the Lots or Tracts that are adjacent to such to such 5' easement strip for the purpose of performing stu-veys and other such necessary pre-construction work. After the consl111ction of the entry way and such Project Brick Fence or Wall, Declarant and/or the Association, from time to time, and at any time, shall have a right of ingress and egress over, along, across and adjacent to said 5' easement smp for purposes of maintaining, operating, repairing, removing, re-constmcting, and/or inspecting the fence. The Owners of the Lots or Tracts shall have all other rights in and to such 5' easement strip located on each Owner's respective Lot or Tract; provided however, such Owner shall not damage, remove or
The Owners of the Lots or Tracts shall have all other rights in and to such 5' easement strip located on each Owner's respective Lot or Tract; provided however, such Owner shall not damage, remove or alter the Project Blick Fence or Wall or any part thereof without first obtaining written approval from the Declarant and/or the Association with respect to any such action, snch approval to be at the Declarm1t's and/or the Association sole discretion.
However, this Section shall not apply to, and the Association shall not be responsible to, install or maintain any fencing located along Lot or Tract lines which separate individual Lots or Tracts.fi-om one another, nor any fencing located along intelior boundary lines ofthe Property, or at the rear of Lots or Tracts and which is constructed of wood or tubular steel, which is not Project Blick Fence or Wall.
Section 6. Intentionally Deleted .
Section 7. Intentionally Deleted.
Section 8. Additional and Other Services. The Association may elect to provide services and facilities for the Propeities m1d shall be autholized to enter into contracts with other entities to provide such services and facilities. In addition to Assessments, the Bom·d shall be authmized to charge additional use and consumption fees for selected sm-vices and facilities. By way of example, some services and facilities which may be provided include landscape maintenance m1d pest control se1-vices. The Board shall be permitted to modify or cancel existing services or facilities provided, if any, or to provide additional services and facilities. Nothing contained herein is a representation as to what services and facilities will or will not be provided.
44 ARTICLE XII.
Underground Electrical Distribution System
hing contained herein is a representation as to what services and facilities will or will not be provided.
44 ARTICLE XII.
Underground Electrical Distribution System Section 1. Generally . An underground electrical distribution system {the "System") will be installed within that part of the Properties which, according to the Plat, contain Lots (the "Underground Residential Subdivision). The System shall embrace all Lots in the Underground Residential Subdivision. The System shall consist of overhead primary feeder circuits constructed on wood or steel poles, single or three phase, as well as underground primary and secondary circuits, pad mounted or other types of transfonners, junction boxes, and such other appmtenances as shall be necessary to make underground service available to the Lots. For so long as underground service is maintained in the Underground Residential Subdivision the electric service to each Residence shall be underground, unifom1 in charactet and exclusively of the type known as single phase, !20/240 volt, three wire, 60 cycle, altemating current.
Section 2. Owner's Responsibility. The Owner of each Lot containing a Residence shall, at his own cost, fumish, install, own, and maintain {all in accordance with the requirements of local goveming authorities and the National ElectTic Code) the underground service cable and appurtenances from the point of the elechic company's metering at the stmcture to the point of attachment at such company's installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company finnishing service shall make the
es, such point of attachment to be made available by the electric company at a point designated by such company at the property line of each Lot. The electric company finnishing service shall make the necessary connections at said point of attachment and at the meter. In addition, the Owner of each Lot containing a Residence 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 fi1mishing service) for the location and installation on the meter of such electric company for the Residence constructed on such Owner's Lot.
Section 3. Conditions . The electric company has instal!ed the System in the Underground Residential Subdivision (except for ce1tain conduits, where applicable and except as hereinafter provided). As used in this Declaration, the temo "Residences" excludes mobile homes. Should this Declaration be amended to pe1mit erection of one or more mobile homes within the Underground Residential Subdivision, the electric company shall not be obligated to provide electric service to any such mobile homes unless (a) there has been paid to the electric company an amount representing the excess in cost, for the entire Undergtotmd Residential Subdivision, of the System over the cost of equivalent overhead facilities to serve the Underground Residential Subdivision, or (b) the Owner of each affected Lot, or the applicant for services to any mobile home, shall pay to the electric company the smn of {i) $1.75 per front lot foot, it having been agreed that such amount reasonably represents the excess in cost of the System to serve such Lot or Residence over the cost of equivalent overhead facilities to serve such Lot or Residence, plus (ii) the cost of rearranging and
sonably represents the excess in cost of the System to serve such Lot or Residence over the cost of equivalent overhead facilities to serve such Lot or Residence, plus (ii) the cost of rearranging and adding any electric facilities serving such Lot, which arrangement and/or addition is detem1ined by electric company to be necessary.
45 4J3732w LSJ 351074-!5 5124!20!)..f Section 4. Applicability to Reserves . The provisions of this Article XII shall also apply to any fut11re residential development in reserve(s), if any, shown on the Plat. Specifically, but not by way of limitation, if an Owner in a former reserve m1de1iakes some action which would have invoked the per front lot foot payment referenced in Section 3 of this Article XII if such action had been undertaken in the Underground Residential Subdivision, such Owner or applicant for service shall pay the electric company as described in Section 3 of this Article XII. The provisions of this Article XII do not apply to any future non-residential development in such reserve(s).
Section 5. Easement Grants . Declarant has either by designation on the Plat, this Declaration, or by separate instrument granted the necessary easements to the electric company providing for the installation, maintenance, and operation of the System and has also granted to the various Owner's reciprocal easements providing for access to the area occupied by and centered on the service wires of the various Owners to permit installation, repair, and maintenance of each Owner's owned and installed service wires.
Section 6. Rights to Build on Easement Area. Easements for the System may be crossed by driveways and walkways provided the Sub-developer or Owner makes prior anangements with the
alled service wires.
Section 6. Rights to Build on Easement Area. Easements for the System may be crossed by driveways and walkways provided the Sub-developer or Owner makes prior anangements with the utility company fumishing electric service and provides and installs the necessary electric conduit of approved type and size under such driveways or walkways prior to construction thereof. The easement for the System shall be kept clear of all other Improvements, including buildings, patios, or other pavings, and the utility company using the easements shall not be liable for any damage done by it, its assigns, agents, employees, or servants, to shtubbery, trees, or Improvements (other than crossing driveways or walkways provided the conduit has been installed as outlined above) of the Owner and located on the land covered by said easements: ARTICLE XIII.
Annexation Section 1. Annexation . Additional residential property (other than the Declarant Annexation Propetty) and Common Area may be am1exed into the jurisdiction of the Association {only after being first annexed into the Master Association) upon the favorable vote of two-thirds (2/3) of the membership votes entitled to be cast by each membership class at a meeting of the Members or otherwise. Provided, however, for so long as there is a Class "B" membership m1d Class B voting status, additional residential property (if a part of the Declarant Am1exation Property) or Common Area may be unilaterally mmexed by Declm·anl without approval by Members of the Association, however, if such property is not owned by Declarant, only with the consent of the owner thereof. Further, additional real property may be annexed hereto from time to
val by Members of the Association, however, if such property is not owned by Declarant, only with the consent of the owner thereof. Further, additional real property may be annexed hereto from time to time by the Bom·d (only after being annexed first into the Master Association) without the consent of the Owners. Annexation of additional property shall encumber said property with all of the covenants, conditions, restiictions, reserv'ations, liens, and charges set forth in this Declaration and shall become effective on the date a Supplemental Declaration is signed and aclmowledged by the owner of said annexed propetiy and the appropriate annexing authmity (either Declarm1t or the Association), is filed for record in Brazoria County, Texas, evidencing the mmexation. Each such 46 4337J2w LSJ 351074-IS 512412004 instrument evidencing the annexation of additional property shall describe the portion of the property comprising the Lots or Tracts and Common Area. The funds resulting from any assessment, whether annual or special, levied against any property hereinafter mmexed to the Properties may be combined with the funds collected from the Owners of Lots or Tracts within the Properties and may be used for the beuefit of all property and all Owners in the manner hereinabove provided.
Section 2. Withdrawal of Property . Declarant reserves the unilateral right to amend this Declaration, so long as it has a right to mmex additional property pursuant to Section 1 above, for the purpose of removing unimproved portions of the Property fi·om the coverage ofthis Declaration.
Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Declarant. If the property is Association Property, the Association shall
Such amendment shall not require the consent of any Person other than the Owner(s) of the property to be withdrawn, if not the Declarant. If the property is Association Property, the Association shall consent to such withdrawal by majority vote of the Board. For purposes ofthis Section 2, the term "unimproved" means no above ground, vertical improvements located on such prope11y.
ARTICLE XIV.
General Provisions Section I. Duration and Amendment . The covenants, conditions, restrictions, reservations, liens, and charges set forth in this Declaration shall nm with the land m1d shall be binding upon and imu·e to the benefit of the Association, all owners, their respective legal representatives, heirs, successors, and assigns for a tenn of sixty (60) years from the date this Declaration is filed with the County Clerk of Brazoria County, Texas, after which time said covenants, conditions, restrictions, reservations, liens, and charges shall be automatically extended and renewed for successive periods of ten (1 0) years each, unless prior to said renewal date an instrument signed by the then Owners of not less than seventy-five percent (75%) ofthe total number of Lots within the Properties is filed for record with the COLmty Clerk of Brazoria County, Texas, altering, rescinding, or modifying said covenants and restrictions, in whole or in part, as of said renewal date. Notwithstanding anything to the contrm'Y herein contained, it is expressly understood and agreed that the Owners of seventy-five percent (75%) of the total number of Lots or Tracts within the Properties shall always have the power m1d authority to amend this Declaration and such amendment shall become effective on the date any instrument signed by the then Owners of not less than seventy-five (75%) of the total
s have the power m1d authority to amend this Declaration and such amendment shall become effective on the date any instrument signed by the then Owners of not less than seventy-five (75%) of the total number of Lots within the Properties is filed for record in Brazoria Cow1ty, Texas, so mnending this Declaration. In addition, Declarant shall have the right at any time and from time-to-time, without the joinder or consent of any other party, to amend this Declaration by any instrument in writing duly signed, acknowledged, and filed for record in Brazoria County, Texas, for the purpose of co!Tecting any typographical or grammatical error, ambiguity, or inconsistency appearing herein, or for the purpose of complying with m1y statute, regulation, ordinance, resolution, or order of the Federal Housing Administration, the Veterans Administration, or any federal, state, county, or mtmicipal governing body, or m1y agency or department thereof or for any other purpose; provided that any such amendment shall be consistent with and in furtherance of the general plan and scheme of development as evidenced by this Declaration and any Supplemental Declaration taken collectively, and shall not impair or effect the vested rights of any Owner or Mortgagee.
47 4337J2w LSJ 3511174-15 51241100~ Section 2. HUD and VA Approval . Should HUD ever reinstate its program of approving subdivisions as a prerequisite for the insurance of mortgages and require the following, then annexation of additional property other than Declarant Atmexation Property, dedication of Common Area, and amendment of this Declaration, requires the prior approval of the United States Department of Housing and Urban Development or the Veterans Administration for so long as there is a Class "B" membership.
endment of this Declaration, requires the prior approval of the United States Department of Housing and Urban Development or the Veterans Administration for so long as there is a Class "B" membership.
Section 3. Pemetuities . If any of the covenants, conditions, restrictions, or other provisions of this Declaration shall be unlawful, void, or voidable for violation of the mle against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England.
Section 4. Ctmmlative Effect; Conflict . The covenants, conditions, restrictions, and provisions of this Declaration shall be cumulative with any others pertaining to the Properties (the "Additional Covenants") mtd the Association may, but shall not be required to, enforce the Additional Covenants; provided, however, in the event of conflict between or among (a) the covenants, conditions, and restrictions of this Declaration; and (b) the tenns of the Additional Covenmtts, and provisions of any articles of incorporation, By-Laws, rules and regulations, policies, or practices adopted or carried out pursuant thereto, the Additional Covenant shall be subject and subordinate to those of this Declaration. The foregoing priorities shall apply, but not be limited to, the lien for Assessments created in favor of the Association.
Section 5. Compliance . It shall be the responsibility of each Owner or occupm1t of a Residence to obtain copies of and become familiar with the terms of the Master CCR's, this Declaration, A1iicles of Incorporation, Bylaws, Rules and Regulations, and Minimum Construction Standards. Every Owner of any Lot or Tract shall comply with all lawful provisions of the Master
s, this Declaration, A1iicles of Incorporation, Bylaws, Rules and Regulations, and Minimum Construction Standards. Every Owner of any Lot or Tract shall comply with all lawful provisions of the Master CCR's, this Declaration, the By-Laws, and Rules and Regulations of the Association. Failure to comply shall be grounds for an action to recover sums due, for dantages or injunctive relief, or for m1y other remedy available at Jaw or in equity, maintainable by the Association or, in a proper case, by any aggrieved Lot or Tract Owner or Owners. In addition, the Association may avail itself of any and all remedies provided in this Declaration or the By-Laws, including, but not limited to, the right to assess fines for failure to comply.
Section 6. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Properties designed to make the Properties safer than they otherwise might be. NEITHER THE MASTER ASSOCIATION, ASSOCIATION, ITS DIRECTORS, OFFICERS, AND AGENTS, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTIES. NEITHER THE MASTER ASSOCIATION, ASSOCIATION, THE DECLAR..A.t..JT, J:'{OR AJf'l SUCCESSOR. DECLARANT SHALL BE HELD LIJ. .. BLE FOR A..NY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT OR TRACT, TENANTS, GUESTS, AND INVlTEES OF ANY 48 43373-:!w LSJ 351074-15 5f.z.l/1004 OWNER, AS APPLICABLE, ACKNOWLEDGE TIIAT THE MASTER ASSOCIATION, ASSOCIATION, AND ITS BOARD OF DIRECTORS, ITS AGENTS, DECLARANT, OR ANY SUCCESSOR DECLARANT AND THE ARCHITECTURAL REVIEW COMMITTEE DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM
CIATION, AND ITS BOARD OF DIRECTORS, ITS AGENTS, DECLARANT, OR ANY SUCCESSOR DECLARANT AND THE ARCHITECTURAL REVIEW COMMITTEE DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTHER SECURJTY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY DECLARANT OR THE ARCHITECTURAL REVIEW COMMITTEE MAY NOT BE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURJTY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP, OR OTHERWISE, NOR TIIAT FIRE PROTECTION OR BURGLARS ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED, EACH OWNER AND OCCUPANT OF ANY LOT OR TRACT, AND EACH TENANT, GUEST AND INVITEE OF AN OWNER, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS TI-IAT THE MASTER ASSOCIATION, ASSOCIATION, ITS BOARD OF DIRECTORS, ITS DIRECTORS, OFFICERS AND AGENTS AND COMMITTEES, DECLARANT, OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY RESIDENCE AND EACH TENANT, GUEST, AND INVITEE OF ANY OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS, AND TO THE CONTENTS OF LOTS, AND FURTHER ACKNOWLEDGES THAT THE MASTER ASSOCIATION, ASSOCIATION, ITS BOARD OF DIRECTORS, ITS DIRECTORS, OFFICERS AND AGENTS AND COMMITTEES, DECLARANT, OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER, OCCUPANT, TENANT, GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURJTY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTIES.
Y OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURJTY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTIES.
Section 7. Assignment of Declarant's Rights . Any or all of the special rights and obligations of the Declarant set forth in this Declaration or the By-Laws may be transferred to other Persons, in whole or in part, provided the transfer shall neither reduce an obligation nor enlarge a right beyond that contained herein or in the By-Laws, as applicable, and provided further, no such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Office of the County Clerk of Brazoria County, Texas. This Section may not be amended without the express wiitten consent of Declarant.
Section 8. Additional Restrictions Created by Those Other Than Declarant . No Person shall record any covenants, conditions, and restrictions, or declaration of condominium or similar instrument affecting any portion of the Properties without Declarru1t's review and \Vritten consent thereto, including but not limited to any Neighborhood Association CCR's, and any attempted recordation without compliance herewith shall result in such declaration of covenants, conditions, 49 43l732w LSJ 35107~-15 5/24/2004 and restrictions, or declaration of condominium or similar instrument being void and of no force and effect unless subsequently approved by recorded consent signed by Declarant.
Section 9. Severability . In the event of the invalidity or partial invalidity or partial unenforceability of any provision in this Declaration, the remainder of the Declaration shall remain in full force and effect.
ability . In the event of the invalidity or partial invalidity or partial unenforceability of any provision in this Declaration, the remainder of the Declaration shall remain in full force and effect.
Section 10. Number and Gender. Pronouns, whenever used herein, and of whatever gender, shall include natural persons and corporations, entities and associations of every kind and character, and the singular shall include the plural, and vice versa, whenever and as often as may be appropriate.
Section 1 I. Delay in Enforcement. No delay in enforcing the provisions of this Declaration with respect to any breach or violation thereof shall impair, damage or waive the right of any party entitled to enforce the same to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time.
Section 12. Enforceability . This Declaration shall run with the Properties and shall be binding upon and inure to the benefit of and be enforceable by the Association and each Owner of a Lot or Tract in the Properties, or any portion thereof, and their respective heirs, legal representatives, successors and assigns. In the event any action to enforce this Declaration is initiated against an Owner or occupant of a Lot or Tract by the Association, the Association or other Owner, as the case may be, shall be entitled to recover reasonable attorneys' fees from the Owner or occupant of a Lot or Tract who violated this Declaration.
Section 13. Remedies. In the event any person shall violate or attempt to violate any of the provisions of the Declaration, the Association, each Owner of a Lot or Tract within the Properties,
ration.
Section 13. Remedies. In the event any person shall violate or attempt to violate any of the provisions of the Declaration, the Association, each Owner of a Lot or Tract within the Properties, or any pmtion thereof, may institute and prosecute any proceedings at law or in equity to abate, preempt or enjoin any such violation or attempted violation or to recover monetary damages caused by such violation or attempted violation.
Section 14. Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance, rule, or regulation, pertaining to the ownership, occupation, or use of any Lot or Tract hereby is declared to be a violation of tllis Declaration and shall be subject to any and all of the enforcement procedures set forth in this Declaration.
Section 15. No Representations or Warranties . No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Association or its agents or employees in connection with any p01tion of the Propetties, or any hnprovement tl1ereon, its or their physical condition, compliance with applicable Jaws, fitness for intended use, or in connection with the sale, operation, 1naintenance, cost of maintenance, taxes, or regulation thereof, unless and except as specifically shall be set forth in writing.
50 43:l732w LSJ 351074-15 5/Z412004 Section 16. Captions for Convenience . The titles, headings, captions, articles and section numbers used in this Declaration are intended solely for convenience of reference and shall not be considered in construing any of the provisions of this Declaration. Unless the context otherwise requires, references herein to Articles and Sections are to articles and sections of this Declaration.
considered in construing any of the provisions of this Declaration. Unless the context otherwise requires, references herein to Articles and Sections are to articles and sections of this Declaration.
Section 17. No Condominium . This Declaration does not and is not intended to create a condominium within the meaning of the Texas Condominium Act, Tex. Prop. Code Aim. §81.00181.210 (Vemon 1983).
Section 18. Goveming Law . This Declaration shall be constmed and governed under the laws ofthe State of Texas.
Section 19. Notices. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage pre-paid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing.
Section 20. Legal Proceedings. After the expiration ofthe Class B voting status, the Board shall not institute any legal proceeding against any Person without first providing the Members at least forty-five ( 45) days prior Wlitten notice of a meeting of the Association to consider institution of a legal proceeding (the "Notice"). The Notice shall describe the purpose of the legal proceeding, the parties to the proceeding, the anticipated cost to the Association (including attomeys' fees) of the proceeding, the source of funds to fimd the proceedings (reserves or special easements), and suggested information that should be disclosed to third parties, such as prospective purchasers and lenders, while the proceeding is being prosecuted. Except as otherwise provided in this Section, the Association may commence a legal proceeding only upon the affirmative vote or agreement of the
and lenders, while the proceeding is being prosecuted. Except as otherwise provided in this Section, the Association may commence a legal proceeding only upon the affirmative vote or agreement of the Class A Members to which at least seventy-five percent (75%) of the then eligible total votes of the Class A Members of the Association are allocated.
The provisions ofthis Section do not apply to a legal proceeding that is commenced: (a} To enforce the payment of an assessment; (b} By the Association against an Owner or by an Owner against the Association to enforce the Declaration, Bylaws, Rules or Regulations or other governing documents of the Association; (c) To proceed with a counterclaim; or (d) To protect against an imminent threat to the health, safety, and/or welfare of the I'v1en1bers of the Association.
(REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 51 433732w LSJ 35!074-15 5124/2004 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration to be effective as ofthe (),1 day of, "'f:J?:::r iJ , 2004.
THE STATE oilJ.?WJtdiL COUNTY OF fllA/t-Shadow Creek Ranch Development Company Limited Partnership, a Nevada limited partnership, By Its General Partner § § § This instrument was aclmowledged before me on the~ day of -;;r;r)iJ!-0 , 2004, by Gary Cook, President of Shadow Creek Ran ell Development Company Limitild Pai·tnersltip, general partner of Shadow Creek Ranch, Inc. a Nevada corporation, on behalf of such Executed this (),.7 day of 7'??t.U~/ , 2004, also by Pearland Inveshnents Limited Partnership as owner of a portion of there property bemg subjected hereto, not as Declarant nor as the developer, but only in order to subject such real property to all of the tenns,
veshnents Limited Partnership as owner of a portion of there property bemg subjected hereto, not as Declarant nor as the developer, but only in order to subject such real property to all of the tenns, provisions and conditions of this Declaration and to aclmowledge the Declarant and its rights hereunder.
Nevada limited partnership, By Its General Partner, M.M. L.B. Corpontion, a Nevada corporation Title: ' pm j de11t_ 52 § § Limited Partnership, general partner ofM.M.L.B. Corporation, a Nevada corporation, on behalf of such entities.
MARIE ELAINE flOCK ~ My Appc1niment E.xpues f?
AFTER RECORDING, RETURN TO: Sarah Ann Powers Hoover Slovacek LLP 5847 San Felipe, Suite 2200 Houston, TX 77057 File No. 351074-15 EXHIBIT "A" Legal Description of Property 54 43J1.32w LSJ 351074~15 S/24/2004 !
EXHIBIT OF SHADOW CREEK RANCH VILLAGE OF BISCAYNE BAY 528.469 ACRES LOCATED IN THE S.G. HAYNIE SURVEY. A~2t2 H.T.&B.R.R. CO. SURVEY. SEC. 83. A-305 H. T. &8. R. R, CO. SURVEY. SEC. B2, A~56S BRAZORIA COUNTY, TEXAS JUNE 200'1 JOB NO. I S48-0000-l 01
E BAY 528.469 ACRES LOCATED IN THE S.G. HAYNIE SURVEY. A~2t2 H.T.&B.R.R. CO. SURVEY. SEC. 83. A-305 H. T. &8. R. R, CO. SURVEY. SEC. B2, A~56S BRAZORIA COUNTY, TEXAS JUNE 200'1 JOB NO. I S48-0000-l 01 L..JA Engineering & Surveying, Inc. JA 2S29 Briarpark Drive Phooe 713.953.5200 Suite 600 Fax 713.953.5026 Houston. Texas 77042-3703 DESCRIPTION OF 528.469 ACRES SHADOW CREEK RANCH VILLAGE OF BISCAYNE BAY June 8, 2004 Job No. 1545·0000- i Oi Being 528.469 acres of land located in the S.G. Haynie Survey Abstract 2i 2, the H.T. & B.R.R. Co. Survey, Section 83, Abstract 305, and the H.T. & B.R.R. Co. Survey, Section 82, Abstract 565, in Brazoria County, Texas, being more particularly described by metes and bounds as follows (all bearings referenced to the Texas State Plane Coordinate System, South Central Zone, NAD 27); BEGINNING at the northwesterly corner of that certain called 76. i 973 acres (described as Tract II) conveyed to Pearland Investments Limited Partnership by instrument of record in File No. 99-0i 5973, Official Records of Brazoria County, Texas (B.C.O.R.), File No.
i 999028625, Official Public Records of Fort Bend County, Texas (F.B.C.O.P.R.), and File No.
T649550, Official Public Records of Real Property of Harris County, Texas (H.C.O.P.R.R.P.)
and being on the southerly right-of-way line of F.M. 2234 (Shadow Creek Parkway, i60-foot width), also being on the common county line of Brazoria County and Fort Bend County, Texas; Thence, with the common line of said F.M. 2234 and said 76.1973 acres, South 60' 48' 37" East, 79.05 feet to a point for corner, the beginning of a curve; Thence, continuing with said common line, i 507.23 feet, along the arc of a tangent curve to the left having a radius of 5809.58 feet, a central angle of 14' 5i' 53", and a chord that
ning of a curve; Thence, continuing with said common line, i 507.23 feet, along the arc of a tangent curve to the left having a radius of 5809.58 feet, a central angle of 14' 5i' 53", and a chord that bears South 68' i 4' 34" East, i 503.00 feet to a point for corner; Thence, leaving said common line, South i 4' 19' 30" West, 25.00 feet to a point for corner; Thence, South 21' 42' 18" West, 345.78 feet to a point for corner; Page 1 of 6 528.469 Acres Thence, South 20, 37' i 7" West, 96.88 feet to a point for corner; Thence, South 08, 27' 03" West, 91 .82 feet to a point for corner; Thence, South 07' 05' 24" East, 92.65 feet to a point for corner; Thence, South 12' 09' 1 0" East, 1 i 2.87 feet to a point for corner; Thence, North 83' 05' 30" East, 50.14 feet to a point for corner; Thence, North 87' 23' 41" East, 184.32 feet to a point for corner; Thence, South 89' 16' 01" East, 99.76 feet to a point for corner; Thence, South 85' Oi' 24" East, 107.06 feet to a point for corner; Thence, South 80' 46' 47" East, 97.56 feet to a point for corner; Thence, South 77' 38' 50" East, 136.16 feet to a point for corner; Thence, South 77' 54' 06" East, 50.00 feet to a point for corner; Thence, South 77" 44' 27" East, 86.47 feet to a point for corner; June 8, 2004 Job No. i 545-0000-1 Oi Thence, South 88' 52' 34" East, 80. i 9 feet to a point for corner on the westerly right-of way line of Kingsley Drive (i 00-foot width) as shown on Shadow Creek Ranch, North Clear Lake Loop, Regents Bay Drive and Kingsley Drive, a plat of record in Volume 24, Pages 74-77, Plat Records of Brazoria County, Texas; Thence, with said westerly right-of-way line, South 01• 07' 26" West, 916.93 feet to a point for corner, the beginning of a curve; Page 2 of 6
24, Pages 74-77, Plat Records of Brazoria County, Texas; Thence, with said westerly right-of-way line, South 01• 07' 26" West, 916.93 feet to a point for corner, the beginning of a curve; Page 2 of 6 528.469 Acres June 8, 2004 Job No. 1 545-0000-1 01 Thence, continuing with said westerly right-of-way line and it's southerly extension, 877.29 feet, along the arc of a tangent curve to the left having a radius of 2050.00 feet, a central angle of 24" 31' 11 ", and a chord that bears South 11" 08' 1 0" East, 870.62 feet to a point for corner; Thence, South 23' 23' 45" East, 272.67 feet to a point for corner, the beginning of a curve; Thence, 1420.18 feet, along the arc of a tangent curve to the right having a radius of 1950.00 feet, a central angle of 41" 43' 42", and a chord that bears South 02' 31' 53" East, 1389.00 feet to a point for corner; Thence, South 18" 19' 58" West, 394.87 feet to a point for corner, the beginning of a curve; Thence, 983.21 feet, along the arc of a tangent curve to the left having a radius of 2050.00 feet, a central angle of 27" 28' 47", and a chord that bears South 04' 35' 34" West, 973.81 feet to a point for corner; Thence, South 09" 08' 50" East, 97.96 feet to a point for corner, the beginning of a curve; Thence, 54.98 feet, along the arc of a non-tangent curve to the left having a radius of 35.00 feet, a central angle of 90' 00' 00", and a chord that bears North 54" 08' 49" West, 49.50 feet to a point for corner; Thence, South 80" 51' 11" West, 333.06 feet to a point for corner, the beginning of a curve; Page 3 of 6 528.469 Acres June 8, 2004 Job No. 1545-0000-101 Thence, 203.86 feet, along the arc of a tangent curve to the right having a radius of
urve; Page 3 of 6 528.469 Acres June 8, 2004 Job No. 1545-0000-101 Thence, 203.86 feet, along the arc of a tangent curve to the right having a radius of 1245.00 feet, a central angle of as· 22' 54", and a chord that bears South 85" 32' 37" West, 203.63 feet to a point for corner; Thence, South 04" 31' 42" East, 199.42 feet to a point for corner; Thence, South 07" 42' 42" West, 204.71 feet to a point for comer; Thence, South 13" 34' 46" West, 68.57 feet to a point for corner; Thence, South 17" 39' 41 ''West, 56.54 feet to a point for corner; Thence, South 18" 42' 45" West, 221.62 feet to a point for corner; Thence, South 47" 11' 40" West, 147.71 feet to a point for corner; Thence, North 78" 14' 45" West, 302.39 feet to a point for corner; Thence, South 1 0" 50' 48" West, 422.61 feet to a point for corner; Thence, South 03" 15' 46" East, 825.00 feet to a point for corner; Thence, South 04" 49' 30" East, 110.04 feet to a point for corner; Thence, South 03' 15' 46" East, 102.52 feet to a point for corner; Thence, South 36' 51' 26" West, 125.64 feet to a point for corner; Page 4of6 528.469 Acres June 8, 2004 Job No. 1545-0000-101 Thence, South 03" 15' 46" East, 75.00 feet to a point for corner being on the south line of that certain called 376.681 acre tract conveyed to Pearland Investments Limited Partnership by instrument of record under File No. 99-016813 (B.C.O.R.) and File No. 1999030069 (F.B.C.O.P.R.), and being on the common survey line of aforementioned H.T. & B.R.R. Co.
Survey, Section 83 and the H .T. & B.R.R. Co. Survey, Section 84, Abstract 538, Brazoria County, Texas; Thence, with the said south line and said common survey line, South 86' 44' 14" West,
B.R.R. Co.
Survey, Section 83 and the H .T. & B.R.R. Co. Survey, Section 84, Abstract 538, Brazoria County, Texas; Thence, with the said south line and said common survey line, South 86' 44' 14" West, 1262.88 feet to a point for corner being the southeast corner of that certain called 50.981 acre tract (described as South one-half of Davis Tract) conveyed to Ralph S. Davis, Jr. by "Agreed Final Judgement in Partition" of record under File No. 02-060920, (B.C.O.R.) and File No.
2002136052, (F.B.C.O.P .R.); Thence, leaving said common survey line, with the common line of said 50.981 acres and said 376.681 acres, North 03' 11' 08" West, 841.61 feet to a point for corner being the southeast corner of that certain called 50.980 acre tract (described as North one-half of Davis Tract) conveyed to Pearland Investments Limited Partnership by "Agreed Final Judgement in Partition" of record under File No. 02-060920, (B.C.O.R.) and File No. 2002136052 (F.B.C.O.P.R.), and being the northeast corner of said 50.981 acre tract (described as South one-half of Davis Tract); Thence, with the common line of said 50.981 acre tract (described as South one-half of 44' 14" West, 1495.08 feet to a point for corner, being on the aforementioned common line of Fort Bend County and Brazoria County, Texas; Page 5 of 6 528.469 Acres June 8, 2004 Job No. 1545-0000-101 Thence, leaving said common line, with said common county line, North 11" 37' 55" East, 4588.23 feet to a point for corner; Thence, continuing with said common county line, North 11" 37' 26" East, 3580.24 feet to the POINT OF BEGINNING and containing 528.469 acres of land.
Page 6 of6
st, 4588.23 feet to a point for corner; Thence, continuing with said common county line, North 11" 37' 26" East, 3580.24 feet to the POINT OF BEGINNING and containing 528.469 acres of land.
Page 6 of6 DooD 2004034202 ll Pa~es 6& 0(,JIB/2B04 1:13PK Official Re~rds of DRAZORIA COIJHTY JOYCE HUDMAN COUHTY CLERK Fees $144.08 Doc# 212!05012550 INSTRUMENT TO RECORD DEDICATORY INSTRUMENTS This Instrument is being recorded by Village of Biscayne Bay Homeowners Association, Inc., a Texas nonprolit corporation (the "Association") pursuant to Section 202.006 of the Texas Property Code.
Section 202.006 of the Texas Property Code requires a property owners' association to record each dedicatory instrument in the real property records of the County in which the property to which the dedicatory instrument relates is located, if such instrument has not previously been recorded; and Restrictive covenants and other matters concerning the Subdivision are set forth in Declaration previously recorded as iollows: Brazoria County Clerk's File No. 2004034202.
The Association is currently subject to the following additional dedicatmy instruments which have not previously been recorded, to-wit: Articles oflncorporation, By-Laws Pursuant to Section 202.006 of the·Texas Property Code, the Association does hereby record such additional dedicatory instruments, copies of which are attached hereto in the order set forth hereinabove.
VILLAGE OF BJSCA YNE BAY HOMEOWNERS ASSOCIATION, INC.
RECORDER'S MEMORANDUM: At the time of recordation, this lnstrumenl was found to be ina?equate for the besl photographic reproducllon because
4. 0VILLAGE OF BJSCA YNE BAY HOMEOWNERS ASSOCIATION, INC.
RECORDER'S MEMORANDUM: At the time of recordation, this lnstrumenl was found to be ina?equate for the besl photographic reproducllon because o1 !!!eglbl!lly, carbon, cr photo·t:opy, di:scolo;ed paper, eic, AU blackouts, additions and -changes were present at the lime the instrument was med and recorded.
4J37t8w Jsj 35107'-l-13 2/15/2005 acting by and through its managing agent, PLANNED COMMUNITY MANAGEMENT, INC.
By: Name: Title: J THE STATE OF TEXAS § § COUNTY OF HARRIS § by Lctcu r 4 ' the t p; D . of Planned Collllnunity Management, Inc., managing agent for Village of Biscayne Bay Homeowners Association, Inc., a Texas nonprofit corporation, on behalf of said entities.
WI-lEN RECORDED RETURN TO: Sarah Ann Powers Hoover Slovacek LLP 5847 San Felipe, Suite 2200 Houston, Texas 77057 4337l8w lsj 351074~15 2115/2005 2