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DECLARA'TIO1V
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COVENANTS, CONDITIONS Cynthia Rim�on
RESERVATIONS AND RESTRICTIONS
OF
SADDLE CREEK SUBDIVISION PRASE 7D'
WHEREAS; SADDLE CREEK PARTNERS; LTD., A TEXAS LIMITED PARTNERSHIP'
("SCP"), is the owner of all that certain tract of land in Brazos County, Texas, which has
been heretofore platted, subdivided and designated as SADDLE CREEK SUBDIVISIONT
according to the map or plat thereof filed of record in Volume 10229, Page 235 in the
Official records of the County Cleric of Brazos County, Texas;
WHEREAS, SCP desires to create and provide for the development improvement
and Maintenance of SADDLE CREEK SUBDIVISION, for the mutual benefit and pleasure of
the present and future property owners in such subdivision, and to protect the property
values within such subdivision by imposing upon and against all of the designated lots
therein the covenants, reservations and other provisions hereinafter set forth; and
Now THEREFORE, SCP does hereby make, adopt and establish the following;
reservations, restrictions, declarations, easements, limitations, charges, agreements,
covenants, conditions and stipulations, each of which shall be applicable. to SADDLE
CREEK SUBDIVISION which comprises all of the designated lots in SADDLE CREEK.
SUBDIVISION therein according to the map or plat thereof filed in record at the office of
the County Clerk of Brazos County, Texas,
I.
DEFINITIONS
1: The following terms when used herein shall have the following meanings:
a.- "SCP" shall mean SADDLE CREEK PARTNERS, LTD., a Texas Corporation, its
successors and assigns
b. "SADDLE CREEK" shall mean the SADDLE CREEK SUBDIVISION.
C,1bfl)\$"0L9 CMKK\ SA DM CUM$M01"610N MSTftMOM PAUI OF 19
o. "SUBDIVISION" shall mean SADDLE CREEK SIBDIVISION, which consists of
all of the designated Lot Numbers 78 thru 81A, 81B, Block 2; Lot Number
149, Block 6; Lot Numbers 114 thru 121, Block 7; Lot Numbers 99 thru 103,
Block 8, according to the map or plat thereof filed of record in Vol. 10229,
Page 235 of the County Clerk of Brazos County Texas.
d. "RECORDING DATE" shall mean the date upon which this document is filed of
record with the County Clerk of Brazos County, Texas.
e. "LoT" or "PARCEL" shall mean those plots of land shown on the map or plat
of the SUBDIVISION filed of record with the Clerk of Brazos County, Texas,
with the exception of those plots of land designated as Reserve Tracts, and
reservations hereinafter made.
f. "OWNER" shall mean and refer to the record OWNER, whether one (1) or more
PERSON(s) or entities of the fee simple title to any LOT in the SUBDIVISION, or
any part or interest therein. OWNER shall not mean or refer to any mortgagee,
under any applicable theory of mortgage, unless and until such mortgagee has
acquired legal title pursuant to foreclosure or any proceeding in lieu of
foreclosure. The term OWNER shall further include any PERSON or entity
claiming title to any LOT or portion thereof by adverse possession; any
PERSON or entity leasing, renting or otherwise occupying any LOT or part
thereof; and/or any PERSON or entity claiming interest in a LOT or part thereof
under a contract of sale.
g. "COMMITTEE" shall mean and/or refer to the Architectural Control Committee
established under the provisions of this document, its successors and assigns.
h. "ASSOCIATION" shall mean and refer to SADDLE CREEK HOMEOWNERS
ASSOCIATION, INC., a Texas non-profit corporation, provided for in this
document, its successors and assigns.
i. "CommoN AREAS" shall mean all real property owned by the AssoCIATIoN
for the common use and enjoyment of OWNERS.
j. "IMPROVEMENT" shall mean every structure and all appurtenances thereto of
every type and kind, including, but not limited to buildings, outbuildings,
storage sheds, patios, tennis courts, swimming pools, garages, landscaping,
poles, signs, exterior air conditioning, water softener fixtures or equipment,
pumps, walls, tanks, reservoirs, pipes, meters, antennae towers and/or other
facilities used in connection with water, sewer, gas, electric, telephone,
regular or cable television, satellite, T.V. antennas, and/or other utilities.
k. "PERSON(s)" shall refer to any natural person, individual(s), and/or any other
entity unless the context indicates otherwise having the legal right to hold title
to real property.
CAMMSMOLE CN MSADDLE CR SU Um510N RSUMCf1DN5 PACE 2OF 10
1. "PLANS" and "SPECIFICATIONS" shall mean any and all documents designated
to guide or control the construction or erection of any IMPROVEMENT,
including, but not limited to, those indicating location, size, shape,
configuration, materials, site plans, excavation and grading plans, foundation
plans, drainage plans, landscaping and fencing plans, elevation drawings,
floor plans, specifications on all buildings products and construction
techniques, samples of exterior colors, plans for utility services, and all other
documentation or information relevant to such IMPROVEMENT.
in. References to the singular shall include the plural, and the plural shall include
the singular.
n. Terms utilizing bold, capital letters are used as defined terms. Terms utilizing
regular upper and lower class casing are used generically unless otherwise
indicated.
II.
RESERVATIONS
I. In so authenticating said map or plat for record and in so dedicating the use of the
streets (whether such thoroughfares are referred to as drives, avenues, roads,
lanes, ways, parkway, boulevards, or streets) as shown thereon to the public for
ordinary roadway purposes only, there was reserved and there is hereby expressly
reserved in SCP the following rights, titles, and easements (hereinafter
collectively called "Reservations"). Reservations used herein shall be referred to
as a part of and construed as being adopted in each and every contract of sale,
deed or instrument of conveyance executed or to be executed by or on behalf of
SCP conveying any property in the SUBDIVISION or any part thereof:
a. The legal and fee simple title in and to each and all of said streets as shown on
said map or plat is hereby reserved in SCP subject to the limited dedication of
the use of streets, not marked as private by the letters "Pvt.," to the public for
ordinary roadway purposes only.
b. SCP reserves for itself, its successors and assigns, a perpetual nonexclusive
easement to lay, construct, operate, maintain, inspect, repair, reconstruct,
multiply, change the size of and remove such water, sanitary sewer and storm
pipes, gas pipes, mains and conductors and all appurtenances thereto relevant
to the operation of waterworks, sanitary sewer, storm sewer and/or drainage
systems as it may from time to time desire, in, along, under, over, across and
through all of the streets, both public and private, in the SUBDIVISION. Such
pipes, mains and conductors, lines, wires, conduits and appurtenances shall be
buried to such reasonable depths as will not interfere with the use of the
streets for ordinary roadway purposes.
CAMMSADME CREEKI SADDLE CREEK SMIOSION RESMMONS BADE 3 OP 19
c. SCP reserves for itself, its successors and assigns, title in and to all water,
sanitary sewer, storm sewer, drainage pipes, gas pipes, mains and conductors,
all appurtenances thereto; and all electric distribution, communication lines,
wires, conduits and all appurtenances thereto constructed by SCP or its agents
in all of said streets in the SUBDIVISION, together with a perpetual easement to
operate, maintain, inspect, repair, reconstruct, change the size of and remove
such pipes, mains and conductors, lines, wires, conduits and appurtenances
thereto, as it or they may from time to time desire.
d. SCP reserves for itself, its successors and assigns, a perpetual utility easement
in, along, under, over, across, and through a ten (10) foot strip around the
entire perimeter of each PARCEL in the SUBDIVISION. The ten (10) foot strip
shall be measured from the property line of each PARCEL inward. With
respect to such easement, SCP shall have the right to construct, operate,
maintain, inspect, reconstruct, multiply, change the size of and remove such
utility lines and facilities (including without limitation of the generality
thereof, water, sanitary sewer, storm sewer, drainage pipes, gas pipes, mains
and conductors, and all appurtenances thereto; electric distribution and
communication lines, fiber optic lines, wires, conduits, guy wires, poles,
connections and all appurtenances thereto), as it or they may from time to time
desire, together with the right of ingress and egress thereto. The utility
easements hereby reserved are easements ten feet (10') wide at and below
normal ground level, extending upward to a plane one hundred twenty feet
(120') above the ground, and from said plane and easements twenty feet (20')
in width, extending five feet (51) in width adjacent to and on both sides of the
utility easements on each PARCEL. SCP further reserves the exclusive right to
grant franchises and easements to other utility OWNERS to lay, construct,
operate, maintain, inspect, reconstruct, change the size of, multiply and
remove such utility lines, as described above, in such utility easements. These
utility easements are not dedicated to the public in any manner.
SCP further reserves for itself, its successors and assigns, a perpetual drainage
easement that shall be coextensive with the above described ten -foot (10')
utility easements.
SCP further reserves for itself, its successors and assigns, a perpetual
electrical utility easement located along all streets, both public and private, in
the SUBDIVISION. Said electrical easement shall be ten feet (10') wide at
ground level, extend upward to a plane one hundred twenty feet (120') above
the ground and from said plane, and upward the easement is twenty feet (20')
wide.
e. SCP reserves for itself, its successors and assigns the right to make minor
changes in and additions to the utility easements hereinabove described for the
purposes of more efficiently and economically installing the IMPROVEMENTS.
CN-WADDLE CREW SADDLE CREEK SUSOMSION REST MIONS PAGE 4 OF 19
f. The conveyance by SCP of any PARCEL in the SUBDIVISION by contract, deed
or other instrument of conveyance shall not in any event be held or construed
to include any of the rights, titles and easements heretofore reserved in any of
the foregoing paragraphs, nor the title to water, gas, sanitary sewer, storm
sewer, drainage, electric light, poles or conduits, pipes, mains and/or any other
utilities or appurtenances thereto constructed by its agents, in, along, under,
through, over across, or upon such easements, property, or any part thereof, of
any other section of SCP. The right to sell and lease or otherwise transfer all
such rights, titles, easements, utilities and appurtenances is expressly reserved
in SCP.
2. The foregoing Reservations of rights and easements shall not obligate SCP to
exercise any of such reserved rights and easements.
3. The invalidity, abandonment or waiver of any one or more of the foregoing
Reservations, any sentence, clause, and/or part thereof shall not affect the
remaining Reservations, sentences, clauses and/or parts thereof, which shall
remain in full force and effect.
M.
RESTRICTIONS
1. For the purpose of creating and carrying out a uniform plan for the parceling and
sale of SADDLE CREEK as a district set aside for residential homes and certain
other uses accessory thereto. The following restrictions, including without
limitation restrictions, covenants, declarations, easements, limitation, charges,
agreements, and conditions (hereafter collectively called the "Restrictions"), are
hereby established and adopted to apply uniformly to use, occupancy and
conveyance of all the PARCELS in SADDLE CREEK. Every contract, deed or
conveyance which may be hereafter executed with regard to any of the property in
the SUBDIVISION shall be conclusively deemed to have been executed, delivered
and accepted subject to the following Restrictions, even if the Restrictions are not
set out in full and are not incorporated by reference in such contracts of sale,
deed, lease, or other transfer of interest in any such PARCEL.
A. BUILDING AND CONSTRUCTION RESTRICTIONS
Except as otherwise herein provided, each PARCEL in the SUBDIVISION shall be
used only for non-commercial residential and recreational purposes. Only single-
family residential dwellings and appurtenances ordinary to residential living shall
be permitted. To this end, without limitation, the following structures may not be
built on any PARCEL in the Residential portion of the SUBDIVISION: hospitals,
clinics, rest homes, duplex houses, apartment houses, garage apartments for Lease
to the general public, mobile homes, manufactured (factory -built) homes, hotels,
or any retail, wholesale, or other business or commercial establishment of any
kind or nature; however, OWNER shall be allowed to construct a small, separate
C:AO SAODLB CREEM SAUOLE CREEK SUBUIMON flE MMIONS PAGE SOF 19
living quarters attached to the dwelling or garage for so long as said separate
living quarters are occupied by extended family of OWNER and not used as rental
property, business or any other commercial use;
2. No residence shall be constructed on any PARCEL that has an under roof living
area, excluding porches, garages, patios and the like of less than two thousand
three hundred fifty (2,350) square feet;
3. No IMPROVEMENT greater than thirty-two (32) feet in height may be constructed
on any LOT without the prior written approval of the COMMITTEE. For purposes
of this paragraph, height shall be measured from the foundation slab of the
proposed IMPROVEMENT to the ridge line of the roof of the proposed
IMPROVEMENT;
4. All single-family dwellings shall be of recognized standard construction quality,
and all exteriors (exclusive of doors, windows and similar openings) shall be
constructed of at least eighty percent (80%) masonry or other material specifically
approved in writing by the COMMITTEE. Masonry includes ceramic tile, brick,
rock, stucco, Fiber -Cement siding and all other materials commonly referred to in
the College Station, Texas area as masonry. Notwithstanding the foregoing, no
home shall be more than forty percent (40%) Fiber Cement. The use of
prefabricated materials, including antique homes moved from other locations,
shall not be allowed; ability to approve.
5. All dwellings must include at least a two -car garage constructed of at least eighty
percent (80%) masonry;
6. The surface of all roofs of principal and secondary structures shall be shakes, tile,
quality composition shingle, or approved metal roof. The COMMITTEE shall have
authority to approve other roof treatments and materials if the form utilized will
not be a detriment to the quality of the neighborhood;
7. In the event an OWNER desires to use solar panels or other solar equipment in
connection with the use of any LOT, the location and installation design thereof
shall be submitted to the COMMITTEE and approval of such design, including the
aesthetics thereof, shall be required before construction may begin;
8. All driveways shall be constructed of concrete or asphalt. All concrete driveways
must have expansion joints, three (3) feet on either side of the culvert in order to
allow for an easier removal of the culvert by Brazos County in the event it needs
to be replaced in the future. If Brazos County ("County") has any requirements as
the construction of driveways, Owner shall comply with all County Regulations.
No gravel rock, limestone, dirt, or other forms of materials shall be permitted. All
driveways must connect to streets within the SUBDIVISION.
9. The COMMITTEE shall have the right to approve the location of any tank used or
proposed in connection with a single-family residential structure, including tanks
for storage of fuel, water, oil or Liquid Petroleum Gas "LPG" and including
C:M\SADDLE CUMX SADDLE CREEK SMD1 ISION RMMCTIONS PAOE 6OF 19
swimming pool filter tanks. (No elevated tanks of any kind shall be erected,
placed or permitted on any LOT.) All tanks shall be screened so as not to be
visible from any other portion of the Property;
10. Only one single-family dwelling and appurtenances thereto, such as garages and
barns, may be placed or constructed on each of the PARCELS as platted as of the
.RECORDING DATE. No tent, shack or other temporary building, IMPROVEMENT or
structure shall be placed upon the Property without the prior written approval of
the COMMITTEE; provided however, that the COMMITTEE may maintain or
authorize temporary structures necessary for storage of tools and equipment, and
for office space for architects, buildings and foremen on the Property during any
period of actual construction, which authorization, if given, shall include the
nature, size, duration and location of such structure or structures;
11. No eighteen (18)-wheel tractor -trailer trucks shall be allowed to park in the
SUBDIVISION or on any Lot.
12. No building or structure, except fences, shall be located on any PARCEL nearer to
the front property line than fifty feet (50% or nearer to either side of the property
line than twenty-five feet (25'), or nearer to the back property line than twenty-
five feet (25'); unless approved by the architectural control committee for an
irregular shaped lot.
13. Drainage structures where required under private driveways shall have a net
drainage opening area of sufficient size to permit the free flow of water without
back water, and shall be a minimum of eighteen (18) inch diameter pipe culvert or
such larger diameter as the COMMITTEE shall require. Additionally the pipe shall
have a 6 to 1 slope as extended beginning at the exposed portion of the pipe to the
end thereof.
14. No building materials of any kind or character shall be placed or stored on any
PARCEL more than thirty (30) days prior to construction of a building or
IMPROVEMENTS are commenced. All materials shall be placed within the building
Iines as established above. At the completion of the building or IMPROVEMENT
excess or scrap material must be immediately removed from the premises;
15. No stumps, trees, underbrush, refuge of any kind, and/or scrap material from
IMPROVEMENTS being erected on any PARCEL shall be placed on any other
PARCEL, or on streets or easements;
16. .Exposed openings resulting from any excavation made of any PARCEL shall be
back filled and the disturbed ground shall be leveled and reseeded with fiber
mulch, blanket seeding, or sodding. No change of elevation on any PARCEL
greater than five feet (5') shall be made without prior approval of the COMMITTEE;
17. No residential dwelling shall be built without a State of Texas approved septic
tank or other sewage disposal system that is so approved; and
MID\SADDLE CREW SADDLE CREEK MOMS= REMCTIOM PACE 70F 19
18. Mailboxes shall be erected and maintained on each LOT upon which a residence is
situated, and shall be fixed on masonry stanchions (columns), approved by the
COMMITTEE and in a location approved by Brazos County. No metal or wood
post stands are permitted. Each mailbox shall be new when installed, constructed
of durable steel or aluminum, and of size and shape conforming to postal
authority standards for single family residential postal depositories. Mailboxes
shall be located in accordance with postal regulations and county regulations;
19. LANDSCAPE DESIGN. All landscaping shall be designed so as to protect and
promote, as far as practicable, the natural local landscape environment through
use of native materials, natural drainage, indigenous plant election and site design.
All landscaping designs shall install live, growing sod covering the front, side and
backyards, within thirty (30) days of occupancy of any residence constructed on a
LOT, and shall maintain it in a healthy and growing condition. All front, side and
back yards within fifty (50) feet of the house must be irrigated with automatic
sprinkler systems, and have landscaping acceptable to the ARC. Areas outside of
fifty (50) feet may be maintained as a pasture or natural areas so long as said
pasture or natural area is maintained in an attractive manner. At all times after
improvements are constructed on any LOT, the OWNER of such LOT shall keep and
maintain at least three (3) living trees with diameters of two (2) inches in the front
yard of the LOT. No live trees with a diameter of six (6) inches or greater located
within the zone between property line and set back line shall be removed from a
LOT without the approval of the ARC. Notwithstanding the foregoing the ARC
may approve any deviation or variance from these requirements of this section.
20. The COMMITTEE may approve or disapprove, for any reason or no reason, at its
sole discretion any item 1-19 above.
B. GENERAL RESTRICTIONS
No noxious or offensive trade or activity shall be carried on upon any PARCEL nor
shall anything be done thereon which may be or become an annoyance or
nuisance to the neighborhood;
2. No "COMMERCIAL ACTIVITY" of any kind shall be conducted on any LOT within
that portion of the SUBDIVISION affected by this declaration. "COMMERCIAL
ACTIVITY" shall include but not be limited to, the offering for sale of any product
or service, the manufacture or growth of any product for purposes of sale without
regard to whether such activities are conducted in or from residential dwellings or
otherwise;
3. No animals, livestock, or poultry of any kind shall be raised, bred, and/or kept on
any LOT within the SUBDIVISION for commercial purposes. Each PARCEL shall be
allowed one animal unit (au) every one (1) acre or fraction of an acre. One
animal unit (au) is defined as:
1 cow — 1 au
C:UMADDLE CEEEK� SADDLE CREEK SUBDIVISION RE5MCTIONS PACE 9 OF 19
I horse = 1 au
1 dog or cat — %z au (Maximum 4 dogs or cats)
There will be no swine, sheep or poultry allowed on any parcel within the
SUBDIVISION except approved 4-H or similar youth projects. There will be no
wild, exotic or naturally undomesticated animals allowed to be caged or otherwise
kept on any PARCEL within the SUBDIVISION. No animals including dogs and cats
will be allowed to roam free in the SUBDIVISION. In the event any animal creates
a nuisance to the SUBDIVISION in the sole and exclusive opinion of the
COMMITTEE, such animal will be removed from the SUBDIVISION. SCP or
members of the COMMITTEE shall have the right to enter and remove any such
animal which is placed on any PARCEL in violation of this Section, and in so
doing, shall not be liable and is expressly relieved from any Iiability for trespass
or other sort in connection therewith, or arising from such removal.
4. No sign(s), except sign(s) advertising property for sale (not exceeding five (5)
square feet in size; advertisement billboard, and/or advertising structure of any
kind may be erected or maintained on any PARCEL without the consent in writing
of the COMMITTEE, SCP, or members of the COMMITTEE shall have the right to
enter and remove any such signs), advertisement and/or billboard and/or structure
which is placed on any PARCEL without said consent, and in so doing, shall not be
liable and is expressly relieved from any Iiability for trespass or other sort in
connection therewith, or arising from such removal;
5. No part of the SUBDIVISION shall be used or maintained as dumping grounds for
rubbish, trash, or garbage. Equipment for the storage or disposal of such
material(s) shall be kept in a clean and sanitary condition. No trailer(s);
recreational vehicle(s); tent(s); boat(s); and/or stripped down, wrecked, junked, or
otherwise wholly inoperable vehicle shall be kept, parked, stored, and/or
maintained on any portion of the driveway and/or front yard in front of the
building line of the permanent structure. Same shall be kept, parked, stored, or
maintained on other portions of a LOT only within an enclosed structure or a
screened area, which prevents the view thereof from adjacent LOTS or streets. No
dismantling or assembling of motor vehicles, boats, trailers, recreational vehicles,
or other machinery or equipment shall be permitted in any driveway or yard
adjacent to a street;
6. OWNERS shall not permit the accumulation of trash, rubbish, weeds, or other
unsightly objects on their PARCELS or on the easements or on the alley or the
streets abutting the same. Each OWNER shall be responsible for proper disposition
of his/her trash or garbage. OWNERS shall keep the drainage easements free of
obstructions; each lot must be maintained in an aesthetically pleasing fashion.
7. After commencement of construction of any structure or IMPROVEMENT, the work
thereon shall be diligently prosecuted to the end and the structure or
IMPROVEMENT shall not remain in a partly finished condition any longer than
reasonably necessary for completion thereof;
QWD1SADDM CMK%SADDM CMM SUBDIVISION NS MMONS PAGE 90F 19
8. All construction projects shall be completed within 18 months of the setting of the
forms for the foundation. After such time, all tractors, trailer, and offices must be
immediately removed.
9. LANDSCAPING: MAINTENANCE. Construction of each and every residential
Dwelling Unit on a Lot shall include the installation and placement of appropriate
landscaping. Each Owner, shall jointly have the duty and responsibility, at their
sole cost and expense, to keep and maintain the Lot, and all improvements therein
and thereon, in a well maintained, safe, clean and attractive condition at all times.
Such maintenance shall include (without limitation);
a. The proper seeding, consistent watering and mowing of all lawns
b. The pruning and cutting of all trees and shrubbery;
c. Prompt removal of all litter, trash, refuse and waste;
d. Watering of all landscape;
e. Keeping exterior lighting and mechanical facilities in working
order;
f. Keeping lawn and garden areas alive, free of weeds and attractive;
g. Keeping driveways in good repair and condition;
h. Promptly repairing any exterior damage; complying with all
governmental health and police requirements;
i. No vegetable gardens shall be permitted to be planted between the
road and the dwelling constructed on the property.
all in a manner and with such frequency as is consistent with aesthetics, safety
and good property management. The ASSOCIATION and its agents, during normal
business hours, shall have the right (after five (S) days written notice to the
OWNER of any LOT involved, setting forth the specific violation or breach of this
covenant and the action required to be taken, and if at the end of such time
reasonable steps to accomplish such action have not been taken by the OWNER), to
enter on the subject premises (without any liability whatsoever for damages for
wrongful entry, trespass or otherwise to any person or entity) and to take the
action(s) specified in the notice to remedy or abate said violation(s) or breach(es).
The cost of such remedy or abatement will be paid to the ASSOCIATION upon
demand and if not paid within thirty (30) days thereof, shall become a lien upon
the LOT affected subject to the requirements of Chapter 209, Texas Property
Code. The ASSOCIATION, or its agent, shall fiuther have the right (upon like
notice and conditions), to trim or prune, at the expense of the OWNER, any hedge,
tree or any other planting that, in the written opinion of the ASSOCIATION, by
reason of its location on the LOTS, or the height, or the manner in which it is
permitted to grow, is detrimental to the adjoining LOTS, is dangerous or is
unattractive in appearance. The lien provided under this section will constitute a
lien retained against such property with the same force and effect as the Payment
and Performance Lien for assessment set forth in these Covenants. OWNER must
landscape around the house in a mannerly fashion. If a lot is not in compliance
with this regulation, SCP or the association may mow the premises and/or remove
any trash, rubbish or debris and bill the lot owner for the cost thereof. Said bill
C:4VMADDLE CRBEM SADDLS CREEK SODDNISION RWMC QNS PA08100P19
will be deemed additional Assessments and failure to pay such bill shall be
governed by Article VI Paragraph 2 and Article IX;
10. All fencing to be approved by the COMMITTEE. Privacy fencing shall only be
permitted with approval of COMMITTEE around swimming pools. LOT OWNER
shaII maintain all fencing;
11. No act may be performed which is likely to pollute the air or water in any part of
the SUBDIVISION, nor may any property OWNER violate any ordinance designed to
eliminate pollution at that time in force whether it be State, County or City;
12. No firearms, except air rifles, shall be discharged in the SUBDIVISION or on any
PARCEL, easement or common area;
13. Representatives of SCP, the ASSOCIATION, or the COMMITTEE may from time to
time at any reasonable hour, enter and inspect any part of the SUBDIVISION to
ascertain compliance with this document or any amendments hereto;
14. No oil or gas drilling, development, refining, quarrying or mining operations of
any kind shall be permitted on any LOT, nor shall any tanks, tunnels, mineral
excavations or shafts be permitted on any LOT. No derrick or other structures
designed for use in boring or drilling for oil, natural gas, or other minerals shall be
erected, maintained or permitted on any LOT save and except existing locations at
time of plat approval. Notwithstanding the foregoing, each OWNER, by its
acquisition of a parcel of the SUBDIVISION has been, or will be reserved by third
parties or predecessors in title to the Property;
15. No basketball goals will be placed in the street or in the driveway between street
and front of the residence.
IV.
ARCHITECTURAL CONTROL
There is hereby created the Architectural Control Committee, which shall consist
of two (2) members. The initial Architectural Control Committee is composed of.
M. L. SCHEHIN
FRED BAYLISS
A majority of the Architectural Control Committee may designate representatives
to act for it. In the event of the death or resignation or failure to serve by any
member of the COMMITTEE, the remaining members shall have full authority to
designate a successor. Neither the members of the COMMITTEE nor its appointed
representatives shall be entitled to any compensation for services rendered
pursuant to this covenant. After fifteen (15) years from the date of this
instrument, or at such earlier time as the majority of the COMMITTEE shall
C:V.M\SADDLE CREEK\ SADDLE CREEKSNDDIMONRESIRIalONS PACE I OF 19
determine the power to designate members of the Architectural Control
Committee will automatically pass to the Association. The COMMITTEE'S
approval or disapproval as required by the Restrictions shall be in writing.
2. No IMPROVEMENT of any kind shall be erected, placed or altered in the exterior
design after being erected or placed on or attached to any PARCEL in the
SUBDIVISION until the construction plans, Iandscaping plans, or other plans,
specifications and plot plans showing the location and size of such IMPROVEMENT
has been submitted to the COMMITTEE, or its designated representatives as to the
harmony of external design with the existing structures on PARCELS in the
SUBDIVISION, as to type of exterior materials and exterior paint colors, as to
quality of workmanship and materials, and as to locations with respect to
topography and finished ground elevations, and compliance with all applicable
provisions of this document, and general compatibility within the SUBDIVISION.
IMPROVEMENTS used herein include, but are not limited to, building(s), fences,
towers, antennas, porches, decks, walls, swimming pools, water wells, playground
equipment, outdoor cooking or eating facilities of a permanent nature, docks,
piers, barns, silos, cages, sheds, streets, alleys, excavations and other earth
movements. The COMMITTEE may require a reasonable fee for performing the
functions herein prescribed and may disapprove plans, specifications, designs, and
plot plans for failure to pay such fee. Such fees shall be used by the COMMITTEE
to discharge actual expenses incurred by the COMMITTEE. After approval in
writing has been given, the erecting, placing or altering of the IMPROVEMENTS on
any PARCEL shall be made only in accordance with the approved plans,
specifications and plot plans, unless variations or changes are also approved in the
same manner.
3. Neither SCP, nor the members of the COMMITTEE, representatives, and/or their
successors or assigns shall be liable in damages to anyone submitting plans to
them for approval, or to any OWNER or lessee of any PARCEL affected by these
Restrictions, by reason of mistake in judgment, negligence or nonfeasance arising
out of or in connection with the approval or disapproval or failure to approve any
plans submitted. Every person who submits plans to the COMMITTEE for approval
agrees by submission of such plans, and every OWNER or lessee of any PARCEL
within the property agrees, by acquiring title thereto or interest therein, that he
will not bring any action or suit against SCP, the members of the COMMITTEE, or
its representatives, to recover any such damages.
4. At the option of a majority of the COMMITTEE, all of the powers, rights, duties,
and responsibilities of said COMMITTEE may be transferred to the ASSOCIATION;
in such event the ASSOCIATION shall appoint a representative or representatives to
perform all functions of the COMMITTEE. Said representative or representatives
shall be the successor of the COMMITTEE.
CAMIASADDLE CREW SADDLE CREEK SUBDIVISION RESTR MONS PACE 13 OF 19
V.
SADDLE CREEK ASSOCIATION INC.
1. Creation. The ASSOCIATION, a Texas non-profit corporation, shall be
incorporated with its initial registered office in Brazos County, Texas and with its
principal office located at 4440 Bentwood Drive, College Station, Texas, 77845,
2. Incorporation. SCP shall cause the ASSOCIATION to be incorporated, and SCP
shall have the power to elect all members of the Board of Directors and to fill any
vacancies occurring therein until SCP has conveyed by deed, in the aggregate,
eighty percent (80%) of the LOTS in SADDLE CREEK, PHASE 7B, and any future
acreage developed under a common scheme or plan of development by SCP,
according to map or plat filed in the Official Records of Brazos County, Texas.
Once eighty percent (80%) of the LOTS have been so deeded, the membership of
the Board of Directors shall be determined by majority vote of the land OWNERS
of record that are subject to a required maintenance charge payable to the
ASSOCIATION. The voting shall be conducted according to rules established by
the Bylaws of the ASSOCIATION. SCP may elect to transfer power to elect Board
of Directors to said record OWNERS at any time.
3. Powers and Functions. The ASSOCIATION shall have powers and functions
provided by applicable law, its Articles of Incorporation, its Bylaws, as heretofore
or hereafter amended, respectively, and such other powers as set forth herein,
including without limitation, at its option, the right to maintain the entry sign area,
streets, lakes, utilities, recreational areas; to provide for garbage pickup (at a cost
to the individual property OWNER if the Maintenance Fund is insufficient for this
purpose), hire police protection, furnish power or gas for street lighting, maintain
esplanades, and other common areas; and to establish rules and regulations for the
use of lakes, rivers, streets, and other SUBDIVISION facilities, specifically erected
and installed and designated to be controlled by the ASSOCIATION. The
ASSOCIATION shall administer the Maintenance Fund hereinafter provided.
4. Membership. LOT ownership and membership in the ASSOCIATION shall be
inseparable. Transfer of a LOT automatically transfers membership in the
ASSOCIATION and all rights of the transferor with respect to the COMMON AREAS
and facilities to which ownership of such LOT relates.
5. Additions. If SCP develops further acreage under a common scheme or plan of
development, as SCP, the ASSOCIATION, may require such property OWNERS to
be members of the ASSOCIATION and they shall have equal voting rights therein
on the same basis as OWNERS of property in this SUBDIVISION.
C.-AMSADDLE CREEK\$ADDLE CREEK SUEDIMON RESMUIONS PAGE 13 OF 19
VI.
MAINTENANCE CHARGE
1. Creation of Annual Maintenance Charge Each PARCEL in SADDLE CREEK,
PHASE ONE, is hereby subjected to an annual maintenance charge of Three
Hundred and No/100 Dollars ($300.00) per year, payable annually in advance by
the OWNER of each PARCEL on the first day of January of each year, beginning
2011 and each succeeding year thereafter until terminated as provided below, to
the ASSOCIATION, its successors and assigns, for the purpose of creating a fund
described below, known as the "Maintenance Fund." Where any PARCEL is
owned by more than one person or entity, said maintenance charge shall be
payable by all such OWNERS, jointly and severally. The maintenance charge shall
be prorated between purchasers and sellers of PARCELS in the proportion that the
remaining months of the calendar year bear to the whole year. By acceptance of a
deed or other instrument of conveyance, or by any other claim of legal title to any
PARCEL or portion thereof, each OWNER agrees and consents to the maintenance
charge shall be paid for each year from 2011 through 2011 and shall be extended
automatically for successive periods of ten (10) years unless before 2011, or
before the 31" day of December of any tenth year thereafter, the Owners of record
of a majority of the PARCELS in the SUBDIVISION vote to discontinue such charge
by written instrument which shall be signed and acknowledged by the OWNERS of
record of a majority of the PARCELS and recorded in the Official Records of
Brazos County, Texas.
2. Liens. The ASSOCIATION shall have a lien against any PARCEL for which the
annual maintenance charge provided herein shall not be paid effective upon the
thirtieth (30'') day following the date said maintenance charge became due and
payable. The amount of said lien shall be for the amount of the maintenance
charge then due, owing and unpaid plus an additional delinquency charge of
twelve percent (12%) per annum of the unpaid balance accruing from the date
said maintenance charge became due and payable. The ASSOCIATION shall have
the right to evidence the existence of this lien by filing a sworn and acknowledged
statement of lien in the Office of the County Clerk of Brazos County, Texas, but
the failure of the ASSOCIATION to so file a statement of lien shall not affect the
validity of the lien as between the ASSOCIATION and the OWNER.
3. Purpose and Use of Maintenance Fund The maintenance charge shall be used
to pay "maintenance expenses" which shall include without limitation expenses
incurred for any of the following purposes: lighting, constructing, improving and
maintaining any rights of way, easements, entry signs, streets, sidewalks, paths,
fences, parkways, esplanades, pavilion, ball fields, pool and any other structures,
facilities or area which can be used by all OWNERS which in the opinion of the
ASSOCIATION would benefit the SUBDIVISION as a whole; collecting and disposing
of garbage, ashes, rubbish and the like in said areas (other than garbage, ashes,
rubbish, and the like from constructed residential dwellings), caring for vacant
QWD\SADDLE CA88K\SADDLE CREEK SM03"SION RESMMIONS PAGE 140F 19
PARCELS, employing watchmen or any other action deemed desirable to protect
persons and property, payment of legal and all other expenses in connection with
the operation of the ASSOCIATION, and the enforcement of all recorded charges,
restrictions, covenants, agreements and conditions affecting property to which
maintenance charges apply, payment of all expenses in connection with the
collection and administration of the maintenance charges, and doing any other
things necessary and desirable in the opinion of the ASSOCIATION to keep property
neat and in good order of which it considers of general benefit to the
SUBDIVISION. The act of the ASSOCIATION and its expenditures of the
Maintenance Fund shall be final so long as it acts in good faith.
4. Increases or Reductions to Annual Maintenance Charge. The ASSOCIATION
may increase or reduce the maintenance charge from time to time by action
applied uniformly to all PARCELS in the SUBDIVISION as provided below.
5. Assessments. From and after 2011, the ASSOCIATION'S Board of Directors, at its
next annual or special meeting and at each annual meeting thereafter, shall set the
amount of the monthly assessments for each year for each LOT, taking into
consideration the current maintenance costs and future needs of the ASSOCIATION;
except, however, the annual assessments may not be increased in any one year by
more than twenty percent (20%) of the then existing annual assessment, except on
the affirmative vote of OWNERS entitled to cast two-thirds (2/3) of the votes of the
ASSOCIATION, in person or by proxy at a meeting duly called for such purposes.
6. Developer Exemptment. SCP shall not be liable or in any way responsible for
the payment of any maintenance charge provided for herein.
VII.
SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS
1. In addition to the annual assessments for maintenance charges authorized above,
the ASSOCIATION may levy in any assessment year, special assessments applicable
to that year only, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, repair or replacement of a capital improvements
upon the CoivmtoN AREA, including the necessary fixtures and personal property
related thereto, provided that any such assessment shall have the consent of a
three -fourths (3/4) majority of the votes of the members who are voting in person
or by proxy at a meeting duly called for this purpose. Written notice of a meeting
called for this purpose shall be sent to all members not less than thirty (30) days
or more than fifty (50) days in advance of the meeting setting forth the purpose of
the meeting and the proposal to be voted on.
2. No special assessments for capital improvements shall be made under this
provision prior to the time when the membership of the Board of Directors of the
ASSOCIATION is determined by majority vote of the land OWNERS of record
subject to the maintenance charge as hereinabove set forth.
C:VdA4MME CUW SADDLE CEEEK Smmsw RE9TR moNs PACE 150F 19
The Special Assessments shall be payable by the OWNERS on the dates and terms
as may be established by the ASSOCIATION. The ASSOCIATION may also provide
for a lien against any PARCELS for which the special assessment remains unpaid.
VIII.
SUBORDINATION OF THE LIEN TO MORTGAGES
The liens of the assessments provided for herein shall be subordinate to the lien of
any first mortgage and/or mortgages granted or created by the OWNER of any LOT
to secure the payment of monies advanced and used for the purpose of purchasing
and/or improving such LOT. Sale or transfer of any LOT or transfer of any LOT
pursuant to a foreclosure under such purchase money or IMPROVEMENT,
mortgages or any proceeding in lieu of foreclosure thereof, shall extinguish the
lien of such assessments as to the payments thereof 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. No
extinguishment of the lien shall relieve the delinquent LOT OWNER from his/her
personal obligation and liability therefore.
IX.
EFFECT OF NON-PAYMENT OF ASSESSMENTS:
REMEDIES OF THE ASSOCIATION
Any assessments and charges which are not paid when due are considered
delinquent. If the assessment is not paid within thirty (30) days after the due date,
the assessment shall bear interest from the date of the delinquency at the rate of
twelve percent (12%) per annum. The ASSOCIATION may bring an action at law
against the OWNER or member personally obligated to pay the same, or foreclose
the lien against the property. Any interest, costs, and reasonable attorney's fees of
any such action will be added to the amount of such assessment. Each OWNER,
by his acceptance of a deed to a LOT hereby expressly vests in the ASSOCIATION,
or its agents the right 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
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 shall be in favor of the ASSOCIATION, shall be
for the benefit of all other LOT OWNERS, and shall be exercisable by a Trustee to
be named or designated by the Board of Directors of the ASSOCIATION. Any sale
pursuant to this power shall be conducted in accordance with the provisions of
Article 3810 of the Texas Revised Civil Statues Annotated. The ASSOCIATION
acting on behalf of the LOT OWNERS shall have the power to bid in an interest at
foreclosure sale and to acquire and hold, lease, mortgage, and convey the
property.
C:\MD\S"DLE CREEK\SADDLE CREEK SDEDIWSION REMMERS FACE 16CF 10
X.
RE -SUBDIVISION
2. No Lot may be re -subdivided into smaller LOTS. This provision does not apply to
any real property reserved by SCP or to any real property that may be developed
as a part of the SUBDIVISION in the future under a common scheme or plan of
development.
XI.
WATER SERVICE
The SUBDIVISION is serviced by Wellborn Water Supply Corporation. Each LOT
OWNER shall be required to contract directly with Wellborn Water Supply
Corporation. The cost of water, tap fees, membership fees, expansion reserve
fees, installation fees, monthly use fees and meters shall be subject to the fee
schedule of Wellborn Special Utility District and paid by the LOT OWNER.
XIII.
MISCELLANEOUS PROVISIONS
The foregoing Restrictions are adopted as part of and shall apply to each and
every PARCEL in the SUBDIVISION. Such Restrictions are equally for the benefit of
all subsequent OWNERS or PARCELS in SADDLE CREEK and accordingly, shall be
covenants running with the land. Any OWNER or lienholder of any of the property
or the ASSOCIATION shall have the power to prosecute in the appropriate court a
suit at law or in equity to prevent any violation or attempted violation of the
Restrictions and to recover damages for any violation or attempted violation
including, but not limited to, reasonable attorney's fees; provided, however that
this clause shall not restrict any governmental agency from acting to enforce any
of the Restrictions.
2. The term of the Restrictions shall be for a period from the filing of this instrument
for record in Brazos County, Texas, until the I" day of August, A.D., 2021, after
which date such Restrictions shall be automatically extended for such successive
periods of ten (10) years each, unless and until, by instruments executed by the
then record OWNERS of a majority of the PARCELS in SADDLE CREEK and duly
recorded in Official Records of Brazos County, Texas, such Restrictions are
altered, rescinded, modified or changed, in whole or in part.
3. Nothing contained in this document or any violation of any of the Restrictions
shall have the effect of impairing or affecting the rights of any mortgagee or
trustee under any mortgage or deed of trust outstanding against of the
SUBDIVISION or any portion thereof.
CMOSADDI.E CMEKI SADDLE Cn K SOEDIWSIONRES'IAtCTION9 PACE17OF19
4. Any and all rights, powers and reservations of SCP herein contained may be
assigned to any person, corporation or association which will assume the duties
pertaining to the particular rights, powers, and reservations assigned, and upon
any such person, corporation or associations' evidencing its consent in writing to
accept such assignment and assume such duties, he or it shall, to the extent of
such assignment, have the same rights and powers and be subject to the same
obligations and duties as are given to and assumed by SCP herein and SCP shall
thereafter be released from any future liabilities. The term SCP as used in this
document includes all such assignees and their heirs, successors and assigns.
5. Every person who now or hereafter owns or acquires any right, title or interest in
or to any property in the SUBDIVISION is and shall be conclusively deemed to have
consented and agreed to every covenant, condition, reservation and restriction
contained herein, whether or not any reference to this declaration is contained in
this instrument by which such person acquires an interest in the property.
6. SCP reserves the right to make minor deviations from the terms of this document
to the extent permissible by law and consistent with the general plan for
development as herein set out, all without further action or consent by or from any
ply.
7. The invalidity, violation, abandonment, waiver of or failure to enforce any one or
more of or any part of the provisions of this document shall in no way affect or
impair the remaining provisions or parts thereof which shall remain in full force
and effect.
8. SCP, its successors and assigns, shall have the right to bring within the scheme of
this Declaration additional properties thereby subjecting such additional lands to
this Declaration, by filing of Record a Supplementary Declaration with respect to
such additional property which shall extend the scheme of this Declaration to such
property. The ASSOCIATION shall accept same to be owned and managed
pursuant to the terms and conditions of this Declaration.
9. Such Supplementary Declaration may contain such complementary additions and
modifications of the covenants and restrictions contained in this Declaration as
may be necessary to reflect the different character, if any, of the added properties
as are not inconsistent with the scheme of this Declaration. In no event, however,
shall such Supplementary Declaration revoke, modify or add to the covenants
established by this Declaration within the existing SUBDIVISION.
CAMD\SADDIE CREEK, SADDLE CREEK SMOMSIONAEMCMON5 PAOU IS OF 19
DATED this of 7G4 f& 2011.
SADDLE CREEK PARTNERS, LTD.
BY: JUSTLAND DEVELOPMENT, LLC, A
TEXAS LIMITED LIABILITY COMPANY, ITS
GENERAL PARTNER
BY:
By: J-,�Bayliss, Agen
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on the day of ju tj
2011, by J. FRED BAYLISS, Agent on behalf of JusTLAND DEVELOPMENT, LLC, A
TEXAS LIMITED LIABILITY COMPANY, GENERAL PARTNER TO SADDLE CREEK PARTNERS,
LTD., on behalf of said partnership.
.� �":� MONICA M. JONES
F—m
` Notary Public, State of Texas
�FMy Commission Expires
„„, February 13, 2014
PREPARED IN THE LAW OFFICE OF:
J. FRED BAYLISs, P.C.
1721 BIIN9NGHAM DRIVE, SUITE 206
COLLEGE STATION, TEXAS 77801
Notary Public, State o Te as
AFTER RECORDING RETURN TO:
J. FRED BAYLISS, P.C.
C.NID1SAp=CREEKS SADDLE CREEK SUBDIVISION RE5I MONS PA0E190F19