DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE CENTER COVE AT WINDERMERE SECTION TWO STATE OF TEXAS X 2017 COUNTY OF BURNET X This Declaration, made on the date hereinafter set forth by THE CHASE CORPORATION, a Texas corporation, hereinafter referred to as "Declarant VOL 262 PAGE 376 'WITNESSETH:..
WHEREAS, Declarant is the owner of certain property in the County of Burnet, State of Texas, known as The Center Cove at Windermere, Section Two hereinafter called "T.C.C.A.W.
Section Two" which is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes.
NOW THEREFORE, Declarant hereby declares that all of the properties described in Exhibit "A" shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the values and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to T.C.C.A. W.
Section Two, which is an association composed of all the Owners of Lots located on the property, which association shall be incorporated at a later date as a Texas non-profit corporation, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
X 1 Section 3. "Properties" shall mean and refer to that certain
operties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
X 1 Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners.
The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as follows: All Land contained in T.C.C.A.W. Section Two as shown by plat recorded in Volume 4, Page 9 of the Plat Records of Burnet County, Texas, and to which reference is here made.
SAVE AND EXCEPT all Lots designated by Lot Numbers One (1) through (10), but ten SUBJECT TO all necessary utility easements and the regulations of the County of Burnet, Texas, of private streets and driveways; Together with all improvements situated thereon; including driveways and parking areas, and water distribution system, sanitary sewer collection system,.
telephone, and electrical systems.
ten Section 5. "Lot" shall mean and refer to any of (10) numbered plots of land shown upon the recorded subdivision map or plat of the Properties, with exception of the Common Area.
Section 6. "Declarant" shall mean and refer to THE CHASE administrators, successors and CORPORATION assigns.
its ARTICLE II VOL 262 PAGE 377 PROPERTY RIGHTS Section 1. Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment as well as an easement of ingress and egress in and to and over the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
enjoyment as well as an easement of ingress and egress in and to and over the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use the recreational or other facilities owned or operated by the Association, excluding domestic water, by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed ninety (90) days for any infraction of its published rules and regulations; (c) the rights of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such No such conditions as may be agreed to by the members.
dedication or transfer shall be effective unless an instrument signed by two thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded; (d) the right of individual Owners to the exclusive use of parking spaces as provided in this article; -2(e) the right of the Association to limit the number of guests of owners; (f) the right of the Association, in accordance with its Articles of Incorporation or By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property. The rights of any such mortgagee in said.
properties shall be subordinate to the rights of the owners hereunder.
Section 2. Delegation of Use.
Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to
ortgagee in said.
properties shall be subordinate to the rights of the owners hereunder.
Section 2. Delegation of Use.
Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family,.
his tenants, or contract purchasers who reside on the property.
Section 3. Parking Rights. In the event a dwelling is on a Lot which is not designed for on-site parking of automobile(s) and parking is provided in the Common Area, then ownership of each Lot shall entitle the owner or owners thereof to the use of not more than two (2) automobile.
parking spaces; which shall be as near and convenient to said: Lot as reasonably possible, together with the right of ingress and egress in and upon said parking area.
The use of all other parking areas situated in the Common Area shall be subject to the exclusive control and management of the Board of Directors of the Association, including the assignment of areas where boats, boat trailers, etc., may or may not be parked or stored.
ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1.. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership.
Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
st in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A members equal the total votes outstanding in the Class B membership, or (b) on the fifth anniversary date of this Declaration.
WOL 252 PAGE 378 ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1.
of Assessments.
Creation of the Lion and Personal Obligation The Declarant, for each Lot owned within the -3Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interests, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of.
the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
The assessments
f such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
The assessments Section 2. Purpose of Assessments.
levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties; domestic water, sanitary sewer service and garbage pickup for the residents and Common Area; and for the improvements and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $300.00.
VOL 262 PAGE 370 (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner the maximum annual assessment may be increased each year not more than 10% (such percentage increase may be cumulative from year to year) above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 10% by the vote or written assent of 66-2/3% of each class of members.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessment for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement
year, a special assessment applicable to that year only 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 Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote or written assent of 66-2/3% of each class of members.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than ninety (90) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent -4VOL 262 PAGE 380 meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment." Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Annual assessments shall be made for Lots with completed houses not owned by the Declarant, Lots with completed houses unoccupied and owned by the Declarant, Lots with houses under construction and for vacant Lots. Lots with completed houses owned by the Declarant, and that are unoccupied shall be assessed at 30% of the assessment for Lots with completed houses and
houses under construction and for vacant Lots. Lots with completed houses owned by the Declarant, and that are unoccupied shall be assessed at 30% of the assessment for Lots with completed houses and owned by parties other than the Declarant; Lots with houses under construction shall be assessed at 10% of the assessment for Lots with completed houses; and vacant Lots shall be assessed at 5% of the assessment for Lots with completed houses.
as Section 7. Date of Commencement of Annual Assessments: The annual assessments provided for herein shall commence to all Lots with completed houses not owned by Declarant on the first day of the month more than thirty (30) days following the conveyance of the Common Area.. The annual assessment as to all other Lots shall commence on the first day of the month more than ninety (90) days following the conveyance of the Common Area. The annual assessment shall be due and payable in monthly installments equal to one-twelfth (1/12): the annual assessment commencing on the dates provided..
hereinbefore. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Replacement Reserve. There is hereby established a reserve out of said annual assessments for a
r of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Replacement Reserve. There is hereby established a reserve out of said annual assessments for a fund for replacement of Common Area improvements, which fund shall be segregated and funded annually. Such fund to be in such amount as the Association deems adequate for such replacements.
Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annun. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. Each such Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the rights and power to bring all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of such liens, including judicial foreclosure by an action brought in the name of the Association in a like manner as a mortgage or deed of trust lien on real property, and such Owner hereby expressly grants to the Association a power of sale in connection with said lien. The lien provided for in this section shell be in favor of the Association and shall be for the benefit of -5all other Lot owners. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 10: Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall subordinate to the lien of any first mortgage. Sale or transfer of any
abandonment of his Lot.
Section 10: Subordination of the Lien to Mortgages.
The lien of the assessments provided for herein shall subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 11. Exempt Property. All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Texas shall be exempt from the assessments created herein. However, no land oreg improvements devoted to dwelling use shall be exempt fromsaid assessments.
Section 12.
Insurance.
(a) The Board of Directors of the Association shall obtain and continue in effect blanket property insurance to insure the buildings and structures in the Common Areas if any, and the Association against risks:= of loss or damage by fire and other hazards as are covered under standard extended coverage provisions, and said insurance may include coverage against vandalism.
(b) The Board of Directors of the Association shall obtain comprehensive public liability insurance in such limits as it shall deem desirable, insuring the Association, its Board of Directors, agents and employees, and each Owner, from and against liability in connection with the Common Areas.
(c) Each Owner shall be responsible at his own expense and cost for his own personal insurance on the
nts and employees, and each Owner, from and against liability in connection with the Common Areas.
(c) Each Owner shall be responsible at his own expense and cost for his own personal insurance on the building and contents of his own residence, and his additions and improvements thereto, including decorations, furnishings and personal property therein, and his personal property stores elsewhere on the Properties; and for his personal liability not covered by liability insurance for all Owners obtained as a part of the common expense.
(d) All costs, charges and premiums for all insurance that the Scard of Directors authorized as provided herein shall be a common expense of all Owners and be a part of the maintenance assessment.
ARTICLE V ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plan and specifications showing the nature, kind, shape, height, materials, color and location of the seme shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by Declarant, or by any architectural committee composed of VOL 252 PAGE 381 -6three (3) or more representatives appointed by the Declarant.
In the event said Declarant, or its designated committee; fails to approve or disapprove such design and location within ninety (90) days after said, plans and specifications have been submitted to it by certified mail, approval will not be required and this Article will be deemed to have been fully complied with. In addition, no structure shall be removed from any Lot at any time.
ARTICLE VI EXTERIOR MAINTENANCE
il, approval will not be required and this Article will be deemed to have been fully complied with. In addition, no structure shall be removed from any Lot at any time.
ARTICLE VI EXTERIOR MAINTENANCE The Owner is responsible for all exterior maintenance on his or its dwelling, and in the event such Owner shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors of the Association; then, after approval by two-thirds (2/3) vote of the Board of Directors, the Association shall have.:= the right; through its agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot and any improvements erected thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.
ARTICLE VII USE RESTRICTIONS The Lots and the Common Area shall be occupied and used: as follows: Section 1. Residential Use. No Owner shall occupy or use his Lot or building thereon, or permit the same or any part thereof to be occupied or used for any purpose other than as a private residence for the Owner, his family, guests and tenants.
Section 2. Obstruction of Common Area. There shall be no obstruction of the Common Area. Nothing shall be stored in the Common Area without the prior written consent of the Board of Directors.
Section 3, Insurance. Nothing shall be done or kept in the Common Area which will increase the rate of insurance on the Common Area, without the prior written consent of the Board of Directors. No Owner shall permit anything to be done or kept in the Common Area which will result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any law. No waste will be committed in the Common Area.
or kept in the Common Area which will result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any law. No waste will be committed in the Common Area.
. VOL 262 PAGE 382 Section 4. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, or the Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the other Owners. No boat, boat trailer, mobile home, travel trailer or truck shall be parked or stored in front of any dwelling unit or within the Common Area or adjacent streets at any time. Declarant hereby agrees to provide an area for boat, motor home and/or trailer parking and a reasonable charge shall be made for same.
work, dismantling of assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway or yard adjacent to a street, or in the Common Area.
No repair Section 5. Temporary Structures. No structures of a temporary character, trailer, basement, tent, shack, barn, servants quarters or other out buildings shall be used on -7VOL 262 PAGE 383 1 any Lot at any time as a residence, either temporarily or · permanently; nor shall any used residence or other used structure be moved onto any Lot. During the construction and sales period of the initial dwelling units, the builder may, erect and maintain such structures as is customary in connection with such construction and sale of such property, including, but without limitation, a business office, storage areas, construction yards, signs, model units and sales offices.
Section 6. Signs. No sign of any kind shall be displayed to public view on any Lot or building without prior written permission from the Declarant. During the construction and
its and sales offices.
Section 6. Signs. No sign of any kind shall be displayed to public view on any Lot or building without prior written permission from the Declarant. During the construction and initial sales period of the dwelling units the builder may use other signs and displays to advertise the merits of the property for sale or rent.
Section 7. Oil and Mining Operations. No gas or oil drilling, gas or oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted: upon or in any Lot, nor shall oil wells, water wells, tanks; tunnels, mineral excavations or shafts be permitted upon or in any Lot.
Section 8. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets, not to exceed a total of two (2) pets, may be kept provided that they shall not become a nuisance and are not kept, bred, or *I maintained for any commercial purposes and they shall be kept..
on a leash at all times while outside and shall be walked only in areas approved by the Association..
Section 9.
Trash, Garbage and Refuse Disposal. No Lot shall be used or maintained as dumping ground for rubbish.
garbage or other waste shall be kept screened by adequate planting or fencing so as to conceal them from public view.
There is reserved in favor of the Association the determination of the method of garbage disposal, that is, whether it shall be through public authority or through private garbage disposal contractor(s). No incinerators shall be allowed and other equipment for the storage or disposal of such materials No garbage shall be kept in clean and sanitary condition.
or trash will be picked up by the contractor unless placed in a tied plastic disposal bag.
pment for the storage or disposal of such materials No garbage shall be kept in clean and sanitary condition.
or trash will be picked up by the contractor unless placed in a tied plastic disposal bag.
Section 10. Sewage Treatment. No private sewage treatment system shall be permitted on any Lot.
Section 11. Use of Common Areas. No planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon said Property except such as are installed in accordance with the initial construction of the buildings located thereon or as approved by the Declarant or his designated architectural committee.
Except for the right of ingress and egress and the right end casement of enjoyment as defined herein, the owners are hereby prohibited and restricted from using any of said Property outside the exterior Property lines of each Lot, except as may be allowed by the Association's Board of Directors. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all Owners of the Properties, and any additions thereto, and is necessary for the protection of said Owners.
Any cooperative actions necessary or appropriate to the proper maintenance and upkeep of the Common Area, including but not limited to, recreation and parking areas and walks, shall be taken by the Board of Directors or by its duly delegated representative.
-8VOL 262 PAGE 384 Section 12. Owner's "Maintenance: The Owner shall maintain and keep in repair the following equipment and lines located outside the residence: Air-conditioning compresser condenser, including pipes and electrical lines connecting same to the residence grinder pumps, tanks, and lines connecting the residence to the sanitary sewer collection
: Air-conditioning compresser condenser, including pipes and electrical lines connecting same to the residence grinder pumps, tanks, and lines connecting the residence to the sanitary sewer collection system, electric power service conductors from the exterior of the building to the point of connecting to the electric utility company's junction box or transformer, electric circuit breakers, any portion of telephone service lines located on the Lot but not maintained by the telephone companies, and water service line to and throughout the dwelling unit, An Owner shall do no act nor any work that will impair the structural soundness or integrity of another residence or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other residences or their Owners: Section 13. Outside Antennas. Without prior written approval of the Declarant and/or his Architectural Control Committee, no exterior television or radio antennas of any sort shall be placed, allowed or maintained upon any portion of the improvements to be located upon the Property, nor upon any structure situated upon the Property other than an aerial for a master antenna system, should any such master system or systems be utilized and require any such exterior antenna.
Section 14. Non-Discrimination.
any time be taken by the Association or its Board of Directors which in any manner would discriminate against any Owner or Owners in favor of the other Owners.
Section 1.
ARTICLE VIII EASEMENTS.
Construction. Each Lot and the property included in the Common Area shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the Declarant. A
Each Lot and the property included in the Common Area shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the Declarant. A valid easement for said encroachments and for the maintenance of same, so long as it stands, shall and does exist. In the event a structure is partially or totally destroyed, and then rebuilt, the Owner so affected agrees that minor encroachments of parts of the adjacent residential units on Common Areas due to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist.
Section 2. Utility, Emergency and Association. There is hereby created a blanket easement upon, across, over and under all of said property for ingress, egress, installation, replacing, repairing and maintaining all utilities, including but not limited to water, sewers, telephones and electricity, and a master television antenna system. By virtue of this casement, it shall be expressly permissible for the providing electrical and/or telephone company to erect and maintain the necessary poles and other necessary equipment on said property and to affix and maintain electrical and/or telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of said residences. An easement is further granted to all police, fire protection, ambulance, garbage and trash collector pick-up vehicles and all similar persons to enter upon the Common Arca in the performance of -31 their duties. Further, an easement is hereby granted to the Association, its officers, agents, employees, and to any management company selected by the Association to enter in or to cross over the Common Area and any Lot to perform the
is hereby granted to the Association, its officers, agents, employees, and to any management company selected by the Association to enter in or to cross over the Common Area and any Lot to perform the duties of maintenance and repair of the residence or Common Area provided for herein. Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on said Property except as initially programmed.
and approved by the Declarant or thereafter approved by Declarant or the Association's Board of Directors: Should any utility furnishing a service covered by the general easement herein provided request a specific easement by spearate recordable document, Declarant shall have the right to grant such easement of said Property without conflicting with the terms hereof. The easements provided for in this Article shall in no way affect any other recorded easement on said premises.
Section 3 - Underground Utility Services.
(a) Underground Electric Service. An underground electric distribution system will be installed in that -part of The Center Cove at Windermere designated herein as Underground Residential Subdivision, which underground service area embraces all of the lots which are platted in The Center Cove at Windermere, The Owner of each Lot containing a single dwelling VOL 252 PAGE 385 unit, or in the case of a multiple dwelling unit structure::= the Owner shall, at his or its own cost, furnish,...
install, own and maintain (all in accordance with the requirements of local governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of electric company's metering at the structure to the point of attachment at
cal governing authorities and the National Electrical Code) the underground service cable and appurtenances from the point of electric company's metering at the structure to the point of attachment at such company's installed transformers or energized secondary junction boxes%;B such point of attachment to be made available by the electric company at a point designated by such company near the property line of each Lot. The electric company furnishing service shall make the necessary connections at said point of attachment and at the meter. In addition, the Owner of each Lot shall, at his or its own cost, furnish, install, own and maintain a meter loop (in accordance with the then current Standards and Specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for each dwelling unit involved. For so long as underground service is maintained, the electric service to each dwelling unit therein shall be underground, uniform in character and exclusively of the type known as single phase, 240/120 volt, three wire, 60 cycle, alternating current.
(b) Water Service. Water service shall be provided to each Lot by way of a water distribution system owned by The Chase Corporation, its successors or assigns, and connected to a Master Distribution and Water Supply System owned by The Chase Corporation. The distribution system between a point at the property line to the Common Area and the water connection at each dwelling shall be the property of the Association and shall be operated and maintained by the Association.
(c) Sanitary Sewer Service. Sanitary sewer service shall be provided to each Lot by means of a sanitary sewer collection system owned by the Association,
be operated and maintained by the Association.
(c) Sanitary Sewer Service. Sanitary sewer service shall be provided to each Lot by means of a sanitary sewer collection system owned by the Association, which sanitary sewer collection system shall be connected -10to a Master Collection System and Sewage Treatment Plant owned by The Chase Corporation, its successors or assigns.
That portion of the sanitary sewer line between a point at the property line to the Common Area and the sewer connection to each dwelling shall be the property of the Association and shall be operated and maintained by the Association.
: (d) Use of Easements. Easements for underground utility services may be crossed by driveways and walkways provided the Declarant or Builder makes prior arrangements with the Utility furnishing service.
Neither Declarant nor any utility company using the easements shall be liable for any damage done by either of them or their assigns, their agents, employees, or servants, to shrubbery, trees, flowers, or other improvements of the Owner located on the land covered by said easements.
VOL 262 PAGE 380 ARTICLE IX RIGHT OF. FIRST REFUSAL Section 1. In the event any owner of a dwelling unit other than the Declarant shall wish to sell the same, and shall have received a bona fide offer from a prospective.
purchaser, Declarant shall be given immediate written notice thereof together with an executed copy of such offer and the terms thereof. Declarant shall have the right to purchase set forth in the offer, provided written notice of such election to purchase is given to the selling owner, and a matching down payment or deposit is provided to the selling owner during the twenty-day period immediately
er, provided written notice of such election to purchase is given to the selling owner, and a matching down payment or deposit is provided to the selling owner during the twenty-day period immediately following the delivery of the notice of the bona fide offer and copy thereof to purchase.
In the event any owner shall attempt to sell his dwelling unit without affording Declarant the right of first refusal herein provided, such sale shall be wholly null and void and shall confer no title or interest whatsoever upon the intended purchaser.
In no case shall the right of first refusal reserved herein affect the right of an owner to subject his interest in the project parcel to a deed of trust, mortgage or other security instrument.
The failure of or refusal by Declarant to exercise the right to so purchase shall not constitute or be deemed to be a waiver of such right to purchase when an owner receives any subsequent bona fide offer from a prospective purchaser.
The right of first refusal, as provided herein, shall extend and run for the period of life of Charles Winston, Trustee plus twenty-one (21) years.
Except as is otherwise provided in Section 2, and except upon a transfer of title to a mortgagee, each grantor of a dwelling unit upon transferring or conveying his interest, shall incorporate in such instrument of conveyance an agreement that the grantee carry out the provisions of the "right of first refusal" as provided in this paragraph.
-11VOL :262 PAGE 387 i Section 2. In the event of any default on the part of any owner under any first mortgage which entitles the holder thereof to foreclose same, any sale under such foreclosure,' including delivery of a deed to the first mortgage in lieu of such foreclosure, shall be made free and clear of the
ich entitles the holder thereof to foreclose same, any sale under such foreclosure,' including delivery of a deed to the first mortgage in lieu of such foreclosure, shall be made free and clear of the provisions of Section 1, and the purchaser (or grantee under such deed in lieu of foreclosure) of such unit shall be thereupon and thereafter subject to the provisions of this Declaration and the Bylaws. If the purchaser following such foreclosure sale (or grantee under deed given in lieu of such foreclosure) shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the unit free and clear of the provisions of Section 1, but its grantee shall thereupon and thereafter be subject to all of the provisions hereof.
The following transfers are also exempt from the provisions of Section 1.
(a) The transfer by operation of law of a deceased a joint tenant's interest to the surviving joint tenant(s) (b) The transfer of a deceased's interest to a devisee by will or his heirs at law under intestacy laws.
(c) The transfer of all or any part of a partner's interest as a result of withdrawal; death or otherwise, to the remaining partners carrying on the partnership business and/or to a person or persons becoming partners:A transfer of all or part of a partner's or partners'.
interests between one or more partners and/or to persons becoming partners.
(d) The transfer of a corporation's interest to the persons formerly owning the stock of the corporation as the result of a dissolution, or a transfer to the resulting entity following a corporate merger or consolidation; provided, however, that fifty percent (50%) of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the
tity following a corporate merger or consolidation; provided, however, that fifty percent (50%) of the stock of the resulting entity is owned by the stockholders of the corporation formerly owning the townhouse unit.
Such persons, owners or grantees acquiring an interest shall be subject to all of the provisions of Section 1 except as is provided herein.
If an owner of a dwelling can establish to the satisfaction of Declarant that a proposed transfer is not a sale, then such transfer shall not be subject to the provisions of Section 1.
Section 3. Upon written request of any prospective transferee, purchaser, or an existing or prospective mortgagee of any dwelling unit, Declarant shall forthwith, or where time is specified, at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing that: (a) With respect to a proposed sale under Section 1, that proper notice was given by the selling owner and that Declarant did not elect to exercise its option to purchase; (b) with respect to a deed to a first mortgage or its nominee in lieu of foreclosure, a statement that a deed was in fact given in lieu of foreclosure and was not subject to the provisions of Section 1; -12-.
(c) With respect to any contemplated transfer which is not in fact a sale, that the transfer will not be subject to the provisions of Section 1; Such certificate shall be conclusive evidence of the facts contained therein.
VOL 262 PAGE388 ARTICLE X GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter..
Section 2.
Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded in the Deed Records of Burnet County, Texas.
Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members.
ARTICLE XI RIGHTS AND PRIVILEGES GRANTED TO MORTGAGEES Notwithstanding anything contained herein to the contrary and in order to provide an inducement to mortgage-lenders to finance individual dwelling units subject to the terms hereof, the Association, Owner or Owners, Lot or Lots and Common Area shall be subject to the following: Section 1. The holder of a first mortgage upon any Lot, at its request, shall be entitled to written notifi-
ssociation, Owner or Owners, Lot or Lots and Common Area shall be subject to the following: Section 1. The holder of a first mortgage upon any Lot, at its request, shall be entitled to written notification of any default by any Owner of such Lot in the performance of such Owner's obligations under the terms hereof, the Articles of Incorporation of the Association, or the Association's By-Laws, which default is not cured within thirty (30) days following notice thereof.
Section 2. Neither the Association or any Owner shall have the right of first refusal as to any Lot in the event any First Mortgagee comes into possession or obtains title to a dwelling unit either pursuant to the remedies provided in the mortgage instruments or by deed in lieu of foreclosure.
Section 3. Any first mortgagee coming into possession of any Lot pursuant to remedies provided in any deed of trust, foreclosure of such deed of trust, or deed (or -13assignment) in lieu of foreclosure shall take the Lot free of any claims for unpaid assessments or charges against said Lot, which shall have accrued prior to the time such mortgagee comes into possession of the Lot (except for claims for a prorata share of such assessments or charges resulting from a prorata reallocation of such assessments or charges to all Lots).
Section 4. Unless at least seventy-five (75%) of the holders of first mortgages (based upon one vote for each first mortgage) of Lots have given their prior written approval, the Association shall not be entitled to: (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer real estate or improvements thereon which are owned, directly or indirectly, by the Association, for the benefit of theOwners of Lots. The granting of easements for public
encumber, sell or transfer real estate or improvements thereon which are owned, directly or indirectly, by the Association, for the benefit of theOwners of Lots. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Properties shall not be deemed a transfer within the meaning of this clause;· VOL 262 PAGE 389 (b) change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner: (c) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof,..
pertaining to the architectural design or the exterior appearance of improvements to the Lots, the exterior maintenance of units, the maintenance of party walls or common fences and driveways, or the upkeep of lawns and plantings of the Properties; = (d) fail to maintain Fire and Extended Coverage on insurable Common Area improvements or buildings, if any on a current replacement cost basis in an amount not less than eighty percent (80%) of the insurable value (based on current replacement cost); (e) use hazard insurance proceeds for losses to Common Area for other than the repair, replacement or reconstruction of such improvements.
Section 5. First mortgagees shall have the right to examine the books and records of the Association or any entity which owns the Common Areas.
Section 6. First mortgagees of Lots may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property and first mortgagees making such payments shall be owed inmediate reimbursement therefor from
rd insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property and first mortgagees making such payments shall be owed inmediate reimbursement therefor from the Association.
Section 7.
No Owner or any other party shall have priority over the rights of first mortgagees of dwelling units pursuant to their mortgages in the case of a distribution to the Owners of insurance proceeds or condemnation ewards for losses to or a taking of the Common Area.
-14IN WITNESS WHEREOF, ths undersigned, being the Declarant herein, has hereunto set its hand and seal this April ' 1979.
23rd day of THE CHASE CORPORATION BY: Queen Charles Winston, President VOL 262 PAGE 390 THE STATE OF TEXAS X COUNTY OF BURNET X BEFORE ME, the undersigned authority, on this day personally appeared Charles Winston, known to me to be the person whose name is subscribed to the foregoing instrument, as President of The Chase Corporation, a corporation, and acknowledged to me that he has executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the 23rd day of April 1979.
Brauls Pratt Notary Public in and for BURNET County, Texas EXHIBIT "A" BEING all of Lot No. Forty (40), of Windermere Oaks Subdivision in Burnet County, Texas, as shown by plat recorded in Volume 2, Page 88, of the Plat Records of Burnet County, Texas, and to which reference is here made; and BEING all of said THE CENTER COVE AT WINDERMERE, Section Two, a subdivision in Burnet County, Texas, as shown by Plat recorded 7 in Volume 4 Page 59 of the Burnet County Plat Records, and to which reference is here made for all pertinent purposes.
, Section Two, a subdivision in Burnet County, Texas, as shown by Plat recorded 7 in Volume 4 Page 59 of the Burnet County Plat Records, and to which reference is here made for all pertinent purposes.
FILED FOR RECORD 23 DAY OF APRIL, A.D., 1979, AT RECORDED THIS THE 26TH DAY OF APRIL, A.D., 1979, AT WAYNE A. BARTON, COUNTY CLERK, BURNET COUNTY, TEXAS.
2:30 11:20 BY: Ro Robin O'CLOCK M.
P O'CLOCK A. M Lin Jimmerman DRPUTY.