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HomeMy WebLinkAboutLegal DocumentTABLE OF CONTENTS a .~ 1.DEFINITIONS.. ...................:...............:...................`.....:......... 1.1 Association ..:....:..:.....:..:... ........:......:..:..................... 12 Board.: ....:..................:..:.:..:......:....`.......:.............. 1.3 Commercial Builder :: :....... . .......................:.....:. l ...:.......... . 14 Common Area ........... ...:.........,............_.:.....:............:. 15 Communrty .: ..............:....::..:...1................................... 1.6 Declaran .................:.....................:........................ .~ 1:7 Declaration ....:.... , .: _.: ............. ......... K ..:...:..... k ........... . 1.8 Golf Course Lot...:.: ......................~a~..~.:..............~.......... 1.9 Governu~ Documents.........:......:...:........: ......................:..... 1.10 Improvements ........:.....:....:..........: ............................ .ll Lot ..:......: ..................:::.......................:..........~..... 1.12 Member, ........................:..................................:.... 1.13 Notice ..:....... ................................:...................... 1.14 Owner........-...:............:...(......::..:............: .............. 1.15 Reimbursement Assessment .::......: ..............:...:..........:......... . 1.16 Pebble Creek Development :...........:... :................................ . 1,17 Supplementary Declaration ...... , ....:...: .......:........................ . 1.18 Unimproved Lot :..1 .:.....................:::....:.:...................... 1.19 Unit ...: ........................:..1......:.....:...................... 2: SUBJECT PROPERTIES . . ............................:............:.::...............1 2.1 Existing Properties ..:..............: .................::..:...1........... . 2.2 Annexation by _Supplementary Declaration. ....................................... . 3. USE RESTRICTIONS..:....... ................:`:.....:...........:...................... 3:1 Single-Fami1__y Residential Construction .................. ......................... : 3.2 Desi anon of Lot Types ..:..:.....:....:....................:... ~........... . 3.3 Composite Building Site :..:.........::.....::....:... ....................... . 3.4 Location of the Improvements upon. the Lot or Unit........... , .......:.............. . 3.5 Removal of Trees, Trash and Care of Lots and Units burin Construcoon: of Residence ...... . 3.6 Masonry Requirements .............. ....... , ..... , n ......::...... ;, .......... . 3.7 Car orts :........:.........1.:...:..:......~ ............................. 3.8 Walls, Fences and `Hed es .... l .......:. ; ....: . ...:..........:...... ~....... . 3.9 Visual Obstruction at the Intersections of Streets .............................:.... . ..3.10 Air Conditioning Requirements ................... C ...................... , ..... . 3:11 Prohibition of Offensive Activities :....: ................:........1........... . 3.12 Use of Temporary .Structures ....:..:.......: :................:.............. . - , 3.13 Storage of Vehicles ` or Equipment ..: ........:.............:.........:.......:. . 3.14 Animal Husbandry .......~ .........: , .........: .............................1 3.15 Lot and Unit Maintenance ................:................................ . 3.16 Suns, Advertisements,. Billboards ..:.........: .....:........................... . 3.17 Maximum Height 'of Antenna ............:......:.......: ..................... . 3.18 Wind 'Generators ......: ...............................................:.. . 3.19 Solar Collectors .............................:...:.:..:.................... . 3.20 Swimmin Pools .:...:..:....... ..................:...................... 3.21 Drying of Clothes in Public View .. _:.......:....: .................:............ . 3.22 Garage and Garage_Doors ....1.:..........:.::....:...: ...................: . 3.23 Control of `Sewage :Effluent .........: ................:.:............ , ...... . 324 Residences and Improvements D ed by Fire or Other Casualty .................... . 3.25 Vehicles Permitted to Use Roads and `Streets .............:...................... . 3.26 Boats Prohibited on Lakes .:..:.....:.............: ......................... . 3.27 Swinriming Prohibited in Lakes .........: ..............:.....:................. . . 3.28 Landscapin~.....:...........:....: ...................................... 3.29 Roofin 1..........,.....:...........~.......:.... ...................... 3.30 Driveways ......::,...:.....:...........~....~ ........................... 3.31 Li htin ..........::..: ..........:...........:.:._:::...................... 3.32 lYxinix~ur~ Slab'Elevation ...............:....:..., ........ ~ .....:........... . 3.33 Rental and Leasin~ ..: ...:........................:....:....:....:.......... 3.34 Unfuushed Rooms .............:........................................... ::3.35 Variances..,.:..:......: ....:........:...............:.:................. 3.36 Dish Antennae..:: ..:..........:.....:..:...::.......1...................... 4. PROPERTY MAINTENANCE REGULATION ..........:.::.....:::.: ........................ . 4.1 Exterior Maintenance of Improvements :... , ...:.....:.. ; :1 ..................... . 4.2 Entry Rights ........:...:...:...:...... , ................................. . 5. EASEMENTS .....:..........:..::...................~. .............................. 5.1 Easements........:..............: ...:.................................... 5.2 Title Subject to Easements .. ....................................~ ........... . 5.3 Utility Easements . . ..:........: ............. , .::.........:................ . 6. ANNEXATION OF ADDITIONAL LAND:..:......................:: .......................... . W91731 p a $.1 Further Development............. ......................................... 10 6.2 Easements and Rights Presently Reserved , ......... ............................. to ' 6.4 Allocation of Expenses ..........................:........................... ll 6.5 Authority of the Board ........................................................ 11 6.6 Annexable Land ..............,....................................... 11 7. GENERAL PROVISIONS ......:........................................................... 11 7.1 Severabilit_y , . , ... ....... . .:.................................. C ..........~~ . 11 ,~ '12 Term ............ ..:...............................:.................... 11 'l.3 Resubdivision C ...................................,........................ 11 7.4 Amendment by Members ................. ~ ......... F ~ .a ., ..................... 11 ~ 7.5 Amendment by the Declarant ........ , .} ....... . ..................... ~ .......... 12 7.6 Declarant's Rights and Prero tines ....... , .......... .......................... 12 7.7 Disclaimer for .Errant :Golf Balls ....... , ... , ..................................... 12 7.8 Gender .,.......... .................................................... 12 7.9 Head~~ .....................~.................................s........... 12 7.10 Declarant's R hts to Complete Development of Community .............. `............. 12 7.11 Declarations Construed Together ............ ........ . ......................... 12 7.12 Persons Entitled to Enforce Supplementary Declaration ....... ...................... 12 '1.13 Violations of Law ....................................................... 13 7.14 Costs and Attorne 'sy Fees .................................................... 13 7.15 No Representations or Warranties ........:..................... p .......... 13 7.16 Limitation on Liability ... J , .......... .............. ......................... 13 i I i a I 'I `~ ,~ ~. I i i i I I~ 1 J I 'J ':) 1 .~, ~V9173L i h s 1 SUPPLEMENTARY DECIaARATION OF * UNITED STATES OF AMERICA EASEMENTS, RESTRICTIONS, AND CQVENANTS FOR PHASES lA, COUNTY OF BRAZOS IB, AND IC OF THE PEBBLE CREEK DE~IELOPMENT * STATE OF TEXAS This Supplementary Declaration is made as of the 4th day.. of ~ecember,l9Q~? Pebble Creek Development. Company, a Texas. Corporation, hereinafter ~~eferre~. ~~ as the "Declarant", ~~epresented herein by its Vice President, A. P. Boyd. The address of the Declarant is 21~~ Stu}hwood Drive, College Station, ~ Texas 77840. WHEREAS, Declarant declares that: it is the owner of certain real property situated in Brazos County, Texas, described as set forth on Exhibit "A" annexed hereto and made a .:part hereof .(said property .being hereinafter sometimes referred to as .the "Exhibit A Property"); and WHEREAS, Declarant has recorded the "Declaration" (as hereinafter defined) in the Records. of the County Clerk of Brazos County, Texas, subjecting the Exhibit "A" Property to all of the terms and conditions. of the Declaration; and WHEREAS, Declarant further declares that it desires that the Exhibit A Property, together with .other real property in the same .general area which may subsequently be associated with th'e Exhibit A Property for a similar purpose, be owned, held, sold, conveyed, transferred, leased, mortgaged, occupied, maintained, altered and. improved .subject to certain reservations, restrictions, covenants,... charges, liens, and easements as part of a general scheme of development ~of such properties as a planned residential community accommodating a mix of single .family .residential dwellings pursuant to a common and general plan for the benefit of Declarant and subsequent owners and occupants of such properties in order to protect and .enhance the quality, value and desirability thereof; and NOW THEREFORE, Declarant further declares .that ..the Exhibit A Property shall. be held, ransferred, sold, conveyed, leased, _occupied and used subject to the .following reservations, restrictions,. covenants, charges, liens, and easements which are for the purpose of protecting the value and desirability of and which: shall run with title to the real property made subject to his Declaration and this Supplementary- Declaration. ~.:~~ ' which shall ~~~ binding on all parties having anyA right, title or interest in the immovable property made ~~~abjec~~r to this Declaration. o~~ any portion thereof, and their respective heirs,. successors, successors-in-titles, assigns, ar~d aha% inure to the benefit of each owner thereof and where provided herein, shall benefit the property on which the ~'ebble Creek Development. is located. 1. DEFINITIONS: As used herein, the following terms. shall have the following meanings; 1.1 Association shall mean that automatic membership, Texas non-profit 'corporation made up of those persons defined as "Owners" in the Declaration, and called the Pebble Creek Development Owners Association, Inc. 1.2 Board shall mean the Board of Directors of the Association. 1.3 Commercial Builder shall mean the Owner of an unimproved Lot who. holds title for the purpose of building improvements thereon, and the .subsequent. sale or rental for occupancy. 1.4 Common Area shall mean all real property (including but not ' 'ted to the improvements and personal property thereon and assessments) owned, held or maintained by the Association for the common use and enjoyment of the Owners and occupants of Lots and Units. 1.5 Commur~t_y shall mean Phases IA, IB, and IC of the Pebble Creek Development according to the plats (collectively, the "Plat") of such subdivision recorded: in Volume 124, Pages 559, 561, and 563 in the Office. of the County Clerk of Brazos County,. Texas, as amended from time to time. 1.6 Declarant shall mean Pebble Creek Development Company .and .its successors and assigns.: A person or entity .shall be deemed a successor and assign of Pebble Creek Develol,.ent ComF~y~,~, ass .Declarant ~~lly if such person _. or entity is specifically: designated in a duly recorded instrument as a success ~r a~u assign of Declarant ~~.uder this Declaration, and shall be deemed a successor and assign of Declarant only a~~ to the particular rights or interests of Declarant. under this Declaration which are specifically designated in such written instrument.: However, a successor to Pebble Creek Development Company, by consolidation or .merger shall automatically be deemed a sUCressor or assign . of Pebble Creek Development Company, as Declarant under this Declaration. 1.7 Declaration shall mean (i) that certain Declaration of Easements, Restrictions, and Covenants for The Pebble Creek Development. recorded in Volume 1225,. Pages l through 31 in the Office of the County Clerk of Brazos County, Texas, and (ii) .any amendments thereto, including. any Supplementary .Declarations imposing restrictions, easements,. or covenants against this Community.: 1.8 Golf Course Lot shall mean and. refer to the Lots adjacent to the golf course of the- Pebble Creek ...Development. W91731 i V - 1 2 1.9 Governing Documents shall mean (} in the case of the Association, the Declaration, the Supplementary Declarations, if any, other than this Supplementary Declaration, and the Articles of Incorporation and Bylaws of the Association, as the same may be amended from time to time and filed of record,, if applicable, and (ii} in the. case of the Community, this Supplementary Declaration as the same may be amended from time to time and filed of record, if applicable. In the event of conflict or inconsistency between an Association Governing Document and a Community Governing Document, he Association Governing Document shall control to the extent permitted by Law. If, however, a Community-Governing Document is more restrictive than an Association Governing Document with respect to the permitted use. of Lots or Units,: then the Community ..Governing Docurl,F~nt shall ~entrol. One Goverr~ng Document's lack of a provision in respect of a matter for which provision is made in an~~tl~e~ governing Document shrall not be deemed a conflict or inconsistency between such Governing Documents. .1.10 Improvements shall mean all structures and any appurtenances thereto of every type o~ kind, including, but not limited to, buildings, out-buildings, swimming pools, patio covers,. awnings, painting of any ext ~~rior surfaces of .any visible structures,. additions, walkways, bicycle trails, sprinkler pipes,. garages, carports, roads, driveways, parking areas, screening, walls, retaining walls, stairs,. decks, fixtures, windbreaks, poles, signs, exterior tanks, solar,. solar energy equipment, exterior: air conditioning fixtures and equipment,. water softener fixtures, exterior lighting, recreational equipment and facilities, and landscaping:which is visible from landwithin thee: Pebble Creek Development, other than the Lot, Unit or land within the Pebble Creek Development on which he landscaping is located. 1.11 Lot shall mean a lot or parcel of land in the .Community with: the exception of Common Area, as shown upon the latest recorded subdivision plat. 1.12 Member shall mean an Owner of a Lot or Unit in the Community who is accordingly a member of the Association. 1.13 Notice shall mean the ..form: of :.notice provided by law,-from. time to time, for meetings. of ~ members of Texas non-profit corporations; provided that, if more than one `Member is the Owner of a Lot or Unit, notice to one such Owner whose designation by the other ..Owner of such Lot or Unit for that purpose .has been. given to the. Association. (with the most recent notification controlling) shall constitute notice to all such Owners. 1.14 0` shall- mean the Person, ncluding the Declarant, ~r if more thar~,~ ~~p, all Persons collectively, who hold fee simple. title of record to a Lot or Unit in the Pebble Creek.Dev~l~~men~y ~icluding sellers unc~,~ar executory. contracts of sale and excluding. buyers thereunder. 1.15 Reimbursement Assessment shall. mean the assessment levied against an Owner by the Association pursuant to Section 8.16 of the Declaration. 1.16 Pebble Creek Development shall mean all of the real.-:property which is currently subject to the Declaration and any other reap: property. which hereafter becomes subject to the Declaration. 1.17 Supplementary Declaration shall mean this instrument, as he same may be amended from time to time and filed, of record. 1.18 Unimproved Lot shall mean a Lot upon which no building has been ubstantially completed for use. 1.19 Unit shall mean (i) a Lot improved by a single family dwelling, or (ii) a portion of a building designated for separate ownership having delineated boundaries and located on an improved Lot, or (ui) a portion of an Unimproved Lot which at a given time has delineated boundaries for separate ownership. 2. SUBJECT PROPERTIES 2.1 Existin Properties. The real property which, as of the date of this Supplementary Declaration,: is and shall hereafter be owned, held,: transferred, sold,: conveyed, leased, mortgaged, used, occupied, maintained, altered and ., Improved subject to this Supplementary: Declaration is the Exhibit A Property. This Community is subject to the jurisdiction. of a "Community Association" (as defined in the Declaration). 2.2 Annexation by Supplementary Declaration. "Annexable Land" (a~ defu°i~d in the Declaration) shall become part. of this Communit , effective u on the .recordation in the Office of the Count Clerk of Brazos Count Texas a Y P _ Y Y~ Supplementary Declaration. meeting the requirements hereinafter set forth, pursuant to the provisions of Section fi.1. A Supplementary Declaration (a) shall be executed and acknowledged by the: Owners} ~of the Annexable Land described therein; (b) shall, if the Annexable .Land is not then owned by Declarant, contain the executed and acknowledged written consent of the Declarant for so long as the Declarant owns. any property within the Annexable Land and has the power. to annex additional property into the Community; (c) shall contain an adequate description of such Annexable .Land; (d} shall contain a reference to thin Supplementary Declaration. (and any amendments thereto) which shall: state -its date of recordation and recording information; (e) shall state the hand classification (residential, commercial or other classification) _ of such Annexable Land is~ declared to be part of the Community under this Supplementary Declaration andthat such Annexable Land shall be~ object to this Supplementary Declaration; and (g) shall, state. whether such Annexahle Land is or is not subject to the jurisdiction of a "Community Association" (as ' w91731 'i ~~ s 3 .. . defined m the Declaration). _ Additionally, such Supplementary Declaration may provide. for phased annexation so that portions of such Annexable Land may be made subject to this Supplementary Declaration at different times. A deed by which Declarant conveys a parcel of property, including property. comprising Common Area to another person, may :constitute a Supplementary'Declaration if it meets the foregoing requirements, as applicable. A Supplementary Declaration may impose upon such Annexable Land described therein covenants,. conditions, .restrictions, limitations, reservations, .exceptions and easements in addition to the provisions set forth in this Supplementary Declaration, taking .into account the unique and particular aspects of the proposed development of such Annexable Land; provided, however, in no event shall any Supplementary Declaration revoke, :modify or amend the covenants or restrictions 1 established by this. Supplementary Declaration or any other supplemer~`ary declara~i~n for any other l~r~perty ~ comprising a part of the Community or revoke (so as to terminate). the pro ~u~~~~~ of .the covenants or retrictions established by this:. Supplementary Declaration as to -such Annexable Land. This Supplementary Declaration is hereby.. established as part. of, pursuant to and in furtherce of a common and general plan of the Declaration for the improvement and sale. of land within this Community and nor the purpose :of enhancing and protecting the value, desirability and attractiveness of this Community..;:Declarant, for' itself,. its successors and assigns, hereby declares that the Community and each part hereof shall be know, held, transferred, ~~ conveyed, sold, leased, rented, encumbered, used, ..occupied, maintained, altered and improved. subject to the: covenants, conditions, restrictions, limitations, reservations, easements, and. other .provisions set forth in the Declaration .and this Supplementary Declaration, for the duration thereof..: ,,~ 3. USE RESTRICTIONS ' The Lots and Units within this Communit shall be held, used and enjoyed object to the restrictions set forth Y !a in the Declaration, including, without limitation, the architectural control provisions of the Declaration, except fore the ;~ exemptions of the Declarant set- forth in the Declaration, and to the restrictions stated in this Article 3. To the extent ~~ than any of the following restrictions are more restrictive than any similar restrictions in the Declaration, the 'j restrictions in this. Supplementary Declaration shall control. • 3.1 .Sin le•Family Residential Construction. No building shall be erected, altered, _ or pernutted to remain on ~' any Lot or Unit other.. than one detached single family dwelling used fora residential purposes only and not to .exceed two and .one half (2112) stories -in height and a private garage: (or other approved covered or enclosed parking facility) and. other bona fide servant's :quarters; provided, however, that the servant's quarte~~ structure will not exceed the m ,air dwelling in :height or number of stories. Except as hereinafter pro ~~,ded wrt respect to model hornies, each residence shall have a fully enclosed' garage for not less than two (2) cars, w~uc~41, ~°'~~e is available for parking automobiles at .all times. The garage portion`of any modelhome may be used by Builders for sales~purposes, storage ..purposes andother related, purposes. Upon (or prior to) thesale of said model home to the first purchaser.. thereof, the garage portion of the model home shall be converted to a fully enclosed garage with garage doors...,, As used herein, the term "residential purposes" shall be :construed to prohibit mobile homes or trailers being placed.... ors ;said Lots or Units, or the use of said Lots or Units for duplex houses, condominiums, town houses, garage. apartments, or apartment houses; Sand no Lot or Unit shall be used for business, educational, religious or professonal'~purposes of any kind whatsoever, nor for any commercial. or manufacturing purposes. No permanent structure of any kind or character shall ever be moved. onto. any Lot or Unit within said Development. Except as otherwise provided in•Section :3.12, no portable boildings of any type or character shall be moved or ';; placed upon-any Lot or Unit. Prior to the commencement of the construction of any Improvements within the .Community, suchImprovements ofevery type and character, whether attached to or detached from the main residential structure or garage constructed on the Lots, must be approved by the Pebble Creek Architectural Control Committee ("Architectural Committee") in accordance with the provisions of the Declaration. All garages shall open to the side or to the rear of the Lot upon which. it is built except that ~ a garage may open to the front. of the Lot if (i) the front of the garage is ~ set back ate least forty feet: (40") from the front of the main residential structure or (ii} the Lot is located on a col de sac where the Lot has less than forty feet (40") of width '3 across the front building line (unless otherwise approved by the Architectural Committee). 3.2 Designation of Lot Types. The dwelling units .constructed within the hereinafter designated.- sections of this Community shall conform to the minimum square footage requiremerx~s and set back; ,,, ~--~uirements outlined herein. A. Phase 1A 1. Dwelling units shall have a minimum square footage of 2,400. square feet. If a dwelling unit is more than one story in height, a minimum of 1,560 square feet shall be on the ground floor.. ~' 2. Lot one has. this et back requirement: front 30', North side. 7.5', South side 20 ; rear 45'. 3. Lots two and three have this .set back .requirement:. front 30' side 75', rear 45'. 4. Lot four has, this set back requirement: front 30', side 7.5 ; rear 35'. 5. Lots five and eight have these set :back requirements: front 25 ; side 7.5', rear. 30'. 6. Lot six has this -set back requirement: ~ front 30' side 7.5', East rear 30', North rear 25'. 7. Lots. seven, and nine through eleven have these set back requirements: front 30', side 7.5', rear 30'. S. Lot twelve has this set back requirement: front 30', North side 7.5', South side 20, rear 30'. w91731 4 B. Phase 1B 1. All dwelling units except for Lot .four shall have a minimum square sfootage of 3,000 square. feet. If a dwelling unit is more than one story in height,. a minimum of 1,820 square feetshall be on the ground floor. `,The dwelling unit on Lot four shall have a munimum square footage of 2,800 square feet. 2 Lots one and four have this set back requirement: front 40', North side 10', South side 20' rear 40'. 3. Lots two and three have this set back requirement: front 40', side 10', rear 40'. ' C. Phase 1C ~ 1. Lot one shall have a dwelling. unit with a minimum ~~uare foota~g ~r".2,600 squartb. feet. If a dwelling unit is more than .one story in height, a minimum of 1,690 square '"Q?t s~~~ll be on the ground ~~~~or Lot one has this set back requirement: front 40', side 10' except that the North side shall ibe 20', rear 40 2. Lot two shall have a .dwelling unit with a .minimum :square footage: of 2,600 square feet... If a dwelling unit is. more than one story in height, a minimum of 1,690 square feet .shall be on the ground floor. Lot two has this set back requirement: front 40', side 10', rear 40'. 3. Lots three through eight shall have dwelling units with a minimum square.. footage o~f 2,800 square feet. If a dwelling unit is more than one story in height, a minimum of 1,820 square feet shall be on the ground floor. Lots three. through eight have this set back requirement: front 40', side 10 rear. 40'. 4. Lot nine shall have a dwelling unit with a minimum square footage of 2,600 square feet. If a dwelling unit is more than one story in height, a minimum of 1,690- square feet hall be on the .ground floor. Lot nine has this set back requirement::front 25' side 10', rear 40'. ~ 5. Lot ten shall have a dwelling unit with a minimum .square footage of 2,800 .square feet. If a '~ dwelling .unit is more than one story. in height, a minimum of 1,690 square feet shall be on the ground floor. Lot ten has this set back requirement: front 25 side 10', rear. 40'. 6. Lots eleven and twelve shall have dwelling units with a minimum square footage of 2,600 square feet. If a dwelling unit is more -than one story in height, a minimum of 1,690 square feet shall be on the ground floor. Lots eleven and twelve have this set back requirement:. front 25', side 10', rear. 25'.~~ ~- 7~ Lots thirteen, and eighteen through twenty shall have dwelling units with a minimu~;n square footage of 2,800 .square feet. If a dwelling unit is more than one story in height,. a minimum of 1,820 square feet shall be on the ground floor. Lots thirteen, and eighteen through twenty have this set -back requirement: front' 40', side 10', rear 40'. $. Lots fourteen through seventeen shall: have dwelling units with a minimum square footage of 3,000 square feet. If a dwelling-.unit is more than .one story in height, a minimum of 1,820 oiuare feet shall be on the ground floor. Lots fourteen through seventeen have this set back requiremen~~ front 4Q', side 10', rear 40'. 9. Lot twenty one shall have a dwelling unit with. a minim~u + ~:gnare footage of 2,800 s~aare feet. If a dwelling unit is more than one story in height, a minimum of 1,820.: square feet shall be on the ;ground floor. Lot twenty one has this set back requirement: front 40, side 10' except that the North. side shall be 20', rear 40'. On all corner lots, the main residential structure and garage may not front on Pebble Creek Parkway: '! 3.3 Composite Bullding Site. Any. Owner of one. or more adjoining Lots or Units (or, portions hereof j may, with. the prior written approval of the Architectural Committee, consolidate such Lots or .Units or portions. into one building site, with the privilege of placing or constructing-Improvements on such resulting site, ,in which case the side set-back lines shall be measured from resulting side property lines rather than from the Lot, or~ Unit lines as indicated on the Plat. Any such. composite building site .must have a frontage at the building set-back', line; of not less than. the minimum frontage of all Lots in the same block. In addition, ~ the side lot utility .easement, if applicable, must be abandoned or released in accordance with applicable aw, and the Owner shall be responsible for the cost of relocating any utility lines and restoring the surface of any abandoned or relocated utility easements. Upon such abandonment or release and upon the receipt of written approval of -the Architectural Committee, such resulting composite building sites shall thereupon be regarded as one (1) "Lot".for all .purposes hereunder. Any such composite building site (or building site .resulting :from the' remainder of one or more Lots,. hawing been consolidated into a composite building site) must contain notless than 10,000 square feet, except as otherwise provided by the Board. 3.4 Location of the Improvements upon the Lat or unit. No residential structure or any other Improvement shall be located on any Lot nearer to the front, rear, side or street=side Lot building line shown on tthe Plat or nearer to the .property lines than the minimum building set-back lines described in Section 3.2. For purposes of this .Declaration, steps, screened porches (covered or ..uncovered), storage *ooms, stoops, aid servants' :quarters, shall be considered as part of a residential structure or other Improvement. Th~,~ covenPt shall not be constr~~~;ed to permit any portion of a building foundation on a Lot. to encroach upon:: an easement. TrE~ ~~.ain residential structure on any Lot shall face. the front of the Lot, except as otherwise approved in writing by the Architectural Committee. 3.5 Removal of Trees, Trash and. Care of Lots and Units burin Construction of Residence. ~ A. Unless located within ten feet (10') of a building yr a recreational or parking facility, no Owner other than Declarant shall be entitled. to cut, remove or mutilate any trees, shrubs,. bushes or other vegetation hawing a trunk diameter of six (6") inches or more. at a point of four feet (4') above ground level, .without obtaining the prior written .approval of the Architectural Committee,. provided that .dead or diseased trees which are inspected .and certified as dead or diseased by the Architectural Committee or its .representatives, as well as other dead or diseased shrubs, brushes, or other vegetation, .shall be cut and removed promptly from any Lot, by the. Owner of such Lot. W91731 i _ 5 ~~ $. Subject to the provisions of Section 35(A), above, all Owners, during their respective. construction of a residence, are required to .remove and haul from the Lot or .Unit all try: ~ sturnpsP +~ ces, limbs, branches, underbrush and all other .trash or ,rubbish cleared from the Lot or Unit for constructio~:~ -:~ ~~`~p residence, constructi~~1 of other improvements and landscaping..: No bur ...Wing is allowed on the Lot or Unit (~,~nless written permission is granted .therefor by the Association which permission may be withheld or withdrawn at any time and from time to time in the sole discretion of the :Association) and no materials or trash hauled. from the Lot or :Unit may be placed elsewhere in the Pebble Creek Development or oW land owned by Declarant whether adjoining the Pebble-.Creek r~evelopment or not. C. All Owners, during heir respective construction of a residence,. are required to continuously keep the Lot or Unit in a reasonably clean and organized condition. Papers, rubbish, trash, scrap, and unusable building materials are to be kept picked up and hauled from the Lot or Unit. Other usable building materials are to be kept stacked and organized in a reasonable manner upon..the Lot or Unit. D. All Ovvriers shall keep streets and street. ditches free from trash, materials, and dirt. Any such trash, materials, or excess dirt or fill inadvertentl s illin or ettin into the streets or street ditch shall be re d, y P' ' g g ~ ~ ~ move without delay, not less frequently than dailyC E. No Owner or Contractor.. may enter onto a Lot or Unit adjacent to the Lot or Unit ;upon which he is building :for ..purposes of ingress and egress to his Lot or Unit during or after construction, unless such adjacent Lot or Unit is also owned by such Owner,. and all such adjacent Lots or Units -shall. be kept. free:. of any trees, .underbrush, trash, rubbish and/or any other: building or waste materials during or after construction of Improvements by the Owner of an adjacent Lot or Unit. 3.6 Masonr~quirements. Without the prior. approval of the Architectural r~rnmittee, no residence shall have less.. than seventy five percent (75%} masonry construction or its ey~~.ivalenf ~~~ its exterior wall aY~~a, except that detached garages, if approved by the Architectural Committee iW its sole aria ~y~c~~~~~~e discretion, may have wood or other siding of a type and :design approved by the Architectural Committee: 3.7 Carports. No carports shall be erected orpermitted to remain on -any Lot or Unit withou~ the. express prior written approval of the Architectural Committee.. 3.8 Walls, Fences and Hed es. The following restrictions shall apply to fences. constructed on the Lots described below: C A. Golf Course Lots. Between the rear. building set-back line andrear property..line, no wall, fence, planter or hedge with a solid base may be erected, planted or maintained except for that which`` shall be approved in writing by the Architectural Committee. A fence of a standard design not excee-.ding six feet (6') in height, as approved in writing by the Architectural Committee, that would not unreasonably ..obstruct the view of the Golf Course by adjacent property Owners may be constructed between the front boil -ding set-back line and the rear. propertyline.11 B. All Other Lots: A decorative fence not exceeding six feet (6') in height, as approved by the Architectural Committee, may be constructed. 3.9 Visual Obstruction at the Intersections of Streets. No planting or object :which. obstructs sight lines at elevations between two feet (2'} and six feet (6') above the roadways within the triangular area formed. by the intersecting street property lines and a line connecting them at points twenty-five feet (25') from the .intersection of the street., property lines or extension thereof shall be placed, planted or permitted to remain on any corner Lots. 3.10 Air ConditioniW~ Requirements. No window or wall. type. au~ : ^r~ditit.~~ng units shall be pe~1~nitted to be used, erected, placed or maintained in or on any boilding in any part of the ~~c~l~r~~~ty. 3.11. Prohibition of Offensive Activities. Without expanding the permitted uses of the Lots and Units, no activity, whether for profit or not, shall- be conducted on any Lot or Unit which is not related to residential purposes. No noxious or offensive activity of any sort shall be permitted nor shall anything be done on any Lot nr Unit which may be or may become an annoyance or a nuisance (including, without limitation, defective or unreasonably loud security or fire alarm devices) to the Pebble Creek ~Jevelopment. This .restriction is waived in regard to the customary sales activities required to sell homes in the Pebble Creek Development. No horn, whistle, bell or other sound device, except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot or Unit. Exterior speakers may. be located, used. or placed on a Lot or Unit provided that the use of such exterior speaker does not. constitute a nuisance or annoyance.. The Board shall have the sole.. and absolute discretion to determine what constitutes a nuisance or annoyance. Activities expressly prohibited, .'.include, without limitation, (1} the performance of work on .automobiles or other. vehicles upon the Lot or .Unit or in driveways or streets abutting Lots or Units,. (2) the use or discharge: of firearms, firecrackers or other fireworks within the Community, (3) the storage of flammable liquids. in excess of five, gallons, or (4) other activities which may be offensive by reason of .odor, fumes, .dust, smoke, noise, vision, vibration or pollution, or which are hazardous by reason of excessive danger, fire or explosion. W91731 s a As indicated above, no Lot or Unit in: the Community shall be used for .any commercial, educational,... manufacturing, business or professional purpose. nor for church purpa~ :'s. The rent ~ ~~ ~r leasing of~ny residential dwelling is subject. to the provisions of Section 3.33. No .Lot or Unit or other portion of the Community shall be used or permitted for hunting or for the .discharge of any pistol,.. rifle,.. shotgun, or any other firearm, or any. bow and arrow or any other device capable of killing or .. . u~~ur~ng persons. 3.12 Use of Temporary Structures. No .structure of a temporary character, whether 'trailer, basement, tent, ...shack, garage, barn or other outbuilding shall be maintained or used on -any. Lot or Unit at any time as a residence, or for :any other purpose, either temporarily or permanently; provided, however, that Declarant reserves the exclusive right to erect, place and maintain such facilities in or upon any portions. of the Community as in its sole discretion .may be necessary or convenient while selling Lots or Units, selling or constructing residences and constructing -other Improvements within the Community. Such_facilities may include, but not necessarily be mited to sales and construction offices, storage areas, model units, signs, and portable toilet facilities. Commercial-Builders and Contractors may, with the :prior written approval of the Architectural :Committee, exercise the .:rights reserved by Declarant in this: Section 3.12. 3.13 Stora a of .Vehicles or .Equipment. -No motor vehicle or non-motorized vehicle (including, without limitation, trucks and recreational vehicles), boat, trailer, camper, m.arineh craft, .machinery or equipment of any kind may be parked or stored for longer than ten (10) hours or on asemi-permanent or daily basis on any part of any Lot or Unit, private or public road or street, easement, right-of-way, or Common Area unless such vehicle or object (i) is completely concealed from public view inside a garage or approved enclosure or (ii) is owned by an overnight. guest of the Owner and such use does not extend for more than three.(3} days. Notwithstanding the ten'{10) hour parking restriction and guest .parking exception, here shall he no over-night parking on any xoad or street. Passenger automobiles, passenger vans, motorcycles, or spick-up trucks that are irY -~nerating cr~~riliton, having cu~,rent license plates and inspection,. stickers, and that are in daily use as .motor vehicles o~~ the streets and highways. of the State of Texas are exempt from the ten (10) hour parking restriction only as it pert< ins to parking of vehicles on the driveway portion of any Lot or Unit. No vehicle shall be parked in a yard or in the street. or along the side of a street so that it blocks the flow of traffic. No vehicle may be repaired on a Lot or Unit unless such vehicle is concealed inside a garage or .other approved enclosure during the repair thereof. This restriction. shall not apply,: to any vehicle, machinery or-equipment temporarily parked. and in use for the construction, repair or maintenance of (i) residential dwelling(s) or related Improvements in the immediate vicinity thereof or (ii) utility Improvements in Pebble Creek Development. 3.14 Animal Husbandry. No animals, livestock, bees or poultry of any kind shall be raised, bred or kept on any Lot or Unit .except that dogs, cats or other common household pets may be .kept provided that they are not kept, bred or maintained :for commercial purposes .and: do not become a nuisance or threat to other Owners. No more than four (4) total ~s shall be kept as household pets.. No Owner shall permit any dog, cat ar other domestic pet under his ownership or control to leave such Owner's Lot or Unit unless such pet is leashed and accompanied by a member of such Owner's household. 3..15 Lot and Unit Maintenance. A. All Lots and Units shall be kept at all times in a neat, attractive, healthful and sanitary condition, and the ~, ~ Owner or occupant of all Lots and Units shall keep all weeds and grass thereon cut and shall in no event use any Lot or Unit for storage Hof materials or equipment except for normal residential requirements or incident to construction of Improvements `thereon as herein permitted, or ;permit the accumulation of .garbage, tr~~h or rubbish of any kind , ~ thereon. All. yard equipment or storage piles shall be kept screened by ~ fiervice and or other similar s'ac' 'ty as herein otherwise provided, so as to conceal them from view of adjacent Lots or Units sty ~: ~~~ or other property. B. In the .event of any default by .the Owner. or other occupant of .any Lot or Unit. in observing the above requirements, which default is continuing after ten (10) days written notice thereof to Owner or occupant, as applicable, the Declarant, or the Association' or their designated agents. may, without. liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or otherwise, enter.. upon (or authorize one or more others to enter upon) said Lot or Unit, cut, or cause to be cut, such weeds and grass and remove, or cause to be removed, such garbage, trash and rubbish or do any other thing necessary to secure compliance :with this Supplementary Declaration, so as to place said Lot or Unit in a neat, attractive, healthful and sanitary condition, and may charge tha .Owner, Commercial-Builder or occupant of such Lat or Unit for the cost of such work and removing such associated materials. The cost of such work and removal shall constitute a Reimbursement Assessment. 3.16 Suns,. Advertisements, Billboards. No sign,. advertisement, billboard, or advertising structure mf any kind may be erected or maintained on any Lot or Unit in the Pebble Creek Development without the prior approval of the Architectural Committee and any such approval which is granted may be withdrawn at any time, in which event, the parties granted such permission shall immediately remove such structures, Additionally, no street or .directional signs may be .installed. within the Pebble Creek Development without the prior written approval of the Decla~•ant and the Architectural Committee. W91731 I 9 - 7 The Declarant, the Association or the Community Association (or any agent designated in writirng by Declarant, the Association or the Community Association) shall have the.:right tc remove and ~~"~x~r~~~~e of any such .prohibited sign, advertisement, billboard or advertising structure which is placed on any `~t or tT~~~1t, and in doing so s111 not be subject to any liability for trespass or any other tort in connection therewit~Y ~~ a~tr~~~g from such removal nor in any way be liable for any accounting or other claim by reason ` of the disposition thereof. 3.17 Maximum Height of Antenna. No radio or television aerial wire antennae or satellite receiving .dish shall be maintained on any portion of any Lot or Unit, except as may be approved by: the Architectural Committee. - No electronic device which interferes with the television reception of the occupant of any other Lot or Unit shall be i permitted within the Community. ~ 3.18 Wind Generators. No wind generators shall. be erected or maintained on any Lot or Unit if said generator is visible from any other Lot or Unit or street. ' 3.19 Solar Collectors... No solar collector shall.: be installed without the prior written., approval of the Architectural Committee. Such installation shall be in harmony with the design of the residence. Solar collectors shall be installed ~ in a location riot visible from the public street in front of the residence. 3.20 Swimmin Pools. No swimming pool may be constructed on any Lot or Unit without the prior written :approval of. the Architectural Committee. Each application made. to the Architectural Committee shall be accompanied by two sets of plans and specifications for the proposed swimming pool .construction to be done on .such.. Lot. or Unit, inclu .ding. a plot, plan showing the location and dimensions of the. swmrnngJpool and all related improvements, .together with the plumbing and excavation disposal plan. The Architectural Committee's .approval or disapproval of such swimming pool shall be made: in the same manner as described in the Declaration hereof for .other building improvements. The Owner shall be responsible for all necessary temporary erosion control measures required during swimming pool construction on said Lot or Unit to insure that there is no erosion i~~ ~~~~ 'she streets,„,,la~-P~, golf 'course or other Lots. Swimming pool drains shall be piped into the storm sewer dr~'~~e ~y~stem. In no event st',~.~,ll swimming pools be drained or discharge water into the streets, ..,lakes, golf course or other Lots. All swimming pools' must be :enclosed with a fence (whose design. and composition is approved by the Architectural Committee) ~ and must comply with ordinances of the city of College Station. 3..21 Dr, ring of .Clothes in Public View. The drying of clothes in public view (whether from Common ,Areas [inclu .ding streets], the Golf Course, other Lots or any other land` within the Pebble Creek Development) is prohibited. 3.22 Gar a and Garage Doors. All garages must be finished with sheetrock, taped and painted or ...other finish approved by the Architectural .Committee. No Owner shall be entitled to enclose a garage for residential use. without plans and: specifications having been approved by the Architectural Committee for a replacement garage. Garage doors visible from any street shall be .kept in the .closed position when the garage is not being used by the Ovc~ner or occupant. 3.23 Control.- of Sewage Effluent. No outside toilets will be permitted, and no installation of any type of .device for disposal of sewage shall be allowed which would result m raw or untreated or unsanitary sewage being harried in the streets. or into any body of water..... 3.24 Residences and Improvements Damaged by Fire or Qther Casualty. Any Improvements within the Community that are destroyed partially or totally by fire, storm, or any other casualty, shall be repaired or demolished within a reasonable period of time, and the Lot or Unit and Improvements thereon, as applicable, restored to an orderly_and attractive condition. 3.25 ~lehicles Permitted to Use Roads and Streets. A. The only motorized. vehicles allowed on -the -roads and street easements in -the Pebble Creek Dwelopment shall be (1) motor vehicles currently licensed and: inspected for. use on public highways or (2) .golf carts with a current permit issued by the Pebble Creek. Country -Club; provided, however golf carts shall be operated: in the Pebble Creek Development solely for purposes of access to and from the Pebble Creek Country Club. B. The use of non-licensed motor vehicles including, but not limited to automobiles, trucks, motorcycles, dirt ~ bikes, off-road vehicles and go-carts is expressly prohibited. ,, C. Vehicles, regardless of .type, may only be operated by individuals holding a current driver's license valid in the State of Texas or the state of such person's domicile. D.: Licensed motorized two-wheel or three-wheel vehicles (1) shall be allowed within the Pebble Creek Development solely for the purpose of access to and from. the Pebble Creek Development and access to and from the i Pebble Creek Country Club, but shall not be .permitted for travel within Pebble Creek Development. and {2) shall not be used within any Common Area other -than paved streets. i _x W91731 s 8 3.26 Boats Prohibited on Lakes. No boats shall be permitted on any of the lakes within the Pebbh Creek Development, except that boats: operated by the Association or Country Club (or their respective. contractors). may be used in connection with the maintenance- of the lakes-and removal of golf balls and other objects frorrY the lakes.. 3.27 _Swimmin~ Prohibited in Lakes. Swimming in the lakes shall be prohibited at all times. 3.28 -P~~• A. _ Before any initial: landscaping (including the planting of grass) shall. be -done: in the front yard of any .newly constructed dwelling, ..the landscape: budget and general layout shall first have been approved: in writing by the Architectural,Committee. All approved initial landscaping shall be completed not later than sixty (60) days after substantial completion of the dwelling, except for emergency situations as approved by the Architectural: Committee. B. All landscaping installed by Owner shall comply with the landscape .criteria ("Landscape Criteria") established by the Architectural Committee, as such Landscape Criteria may be amended from time to time. However, any landscaping installed by the Owner which is approved by the Architectural Committee prior to the establishment of the Landscape. Criteria or at any time after such. Landscape Criteria is established shall be maintained 'by the Owner in a neat and attractive condition at all times. Any replacement landscaping which complies with the Landscape Criteria does not need to be approved by the Architectural Commttee, however, an Owner ma submit a landsca a la out and Y p y plans for replacement landscaping to the Architectural Committee for ~ ~nprowal by tr ~ ~=architectural C~Aimm,ttee. C. The Architectural Committee shall, in its sole discretion and authority, determine whether the' landscape layout and plans submitted to it for .review, inclu .ding, but not necessarily limited to, drainage, ~ grass, shrub. and tree planting, are acceptable to the Architectural Committee. The Architectural Committee may require additional and/or different types of landscaping should the Architectural Committee deem it to be necessary. D. Owners of Golf Course Lots shall not grow, nor permit. types of grasses or other vegetation to grow which,. in the opinion of the, Architectural Committee,. is 'inimical. to golf course grasses or vegetation, in ....,the portion of the Golf Course Lots adjacent to the Golf Course: Such owners may, .however, with the prior written approval of the .Architectural Committee, install barriers which will prevent the spread of otherwise prohibited grasses ~~, or vegetation into the Golf Course, and, following the installation of such barriers, may grow such grasses or vegetation adjacent to the Golf Course. E. The:.Architectural Committee reserves the.. right to require the installation,. operation, and maintenance of underground: irrigation systems in proper working order when proximity to golf course, water table,. tree count, and other relevant factors: are' considered. 3.29 Roofm . No external roofing material other .than the roofs, Noy 1 Cedar: wood shingles, or composition :.shingles .(excluding three tab shingles), as approved by the Architectural Committee, shall be .used on any residence or other Improvement on any Lot or Unit. All roofs shall have prior written approval of the. Architectural Committee prior to installation. The minimum pitch on roofs shall be 4.5 to 12. ,Roof fans, attic fans, attic ventilators or other roof penetrations must be approved. by the Architectural Committee if any portion of the Improvement is visible from the front property lire or -.golf co~,~~~ae. . ,_ 3.30 Drivewa . Drivewa s shall be :constructed entirel of concrete ex o ~' f~ sed a to or .brick avers or as halt. ~ y j ~~'~ r pawing. If asphalt paving is used, curbs. and gutters must be installed. 3.31. Li htin . No exterior li htin ma be construct ' ed or installed o n an Lot or Unit without tl~se rior writte g g_ y n y P approval of the Architectural Committee. Post lamps at the street may. be required by the Architectural Committee. 3.32 Muumum Slab Elevation.. The slab elevation of all constructed dwelling. units, garages and related Improvements shall not be Tess .than one foot (1') above the 100-year flood plain elevation of such Lot or Unit. 3:33 Rental and Leasing. Owners must: notify the Association if their Lots or Units are leased or rented. Owners must also. provide. the` Association with the: name. of the tenant, a copy of the lease and the current: mailing address of ,the Owner. In no event, however, shall. any. rental or leasing be allowed except ursuant o a .written a cement or P ~' .form approved by the Association .Board that af~"irmatively obligates all tenants and other residents of the. Lot or Unit to abide by this Declaration, the Declaration, and the Rules and Regulations of the Association. 3.34. Unfinished Rooms. Substantially all rooms in all, dwelling units, other than attics, must be finished in compliance with all applicable boilding code requirementsC The Architectural Committee may allow fora .few unfinished rooms as long as they appear from the exterior view to be complete. 3.35 Variances. The Architectural Committee may authorize. variances from compliance with any of the .provisions of this Supplementary Declaration or minimum acceptable construction standards or regulations and re~~uirements as promulgated from time to time by ..the Architectural Committee, when circumstances ~~ ~~h as topography, natural ''~ w91731 1 .. ro 9 r 9 obstructions, .,hardship, aesthetic, environmental, or other considerations which in the sole opinion of tha Architectural. Cormittee may require a variance. Such variances must be evidenced in writing and hall become effective when signed by the Declarant or by at least a majority of the members of the Architectural Committee. If any such variances are granted, no violation of thee- provisions of this.. Supplementi~.r Declar~~Yon-shall be deemed to have occurred with respect to the matter for which the variance is granted; provi- ~ ~ : ~, however, that the granting _of a variance. shall not_operate to waive any of the provisions of this Supplementary Declaration for any purpose :except as to ahe particular property and particular provisions hereof covered by the variance, nor shall the granting of any variance affect in any way ahe Owner's obligation to comply with all governmental laws and regulations affecting the property concerned and the Plat. 3.36 Dish. Antennae. No electronic radio or...television dish antennae or any other. type of receiving or transmitting equipment shall be permitted on any Lot unless it is erected, placed, or mounted in such a manner than such antennae or other equipment are concealed completely from view from..public or private streets or courtyards, ,and .are otherwise ~ acceptable to the Architectural Committee. 4. P PE • TY MAINTENAN E LATI N. RO R RE C GU 0 I~~ ,: , ~' -~ 4.1 Exterior: Mamtenance of Im rovements. In the event an Owner or occu ante hall fail to mamtazn ahe P P .Improvements on a Lot or Unit in :accordance with the provisions of this Declaration and the construction guidelines of the .Association or Architectural Committee,. which default is continuing after thirty (30) days written notice thereof to the Owner or occupant, as applicable, then, the Declarant or the Ass~iation or their .designated ..agents may,. ,without liability to the Owner, Contractor or any occupants of the Lot or Unit in trespass or .otherwise, enter upon '(or authorize one or more others to enter upon) said' Lot or Unit and to repair, maintain or restore the exterior of the Improvements thereon at the cost of and far the account of the Owner'of such Improvements.' The cost of .such exterior maintenance shall'constitute aReimbursement Assessment. 4.2 Entry Rights. The Association may...enter upon any Owner's Lint or Unit at r~;~~©nable timer to maintain the Common Area, to remove .refuse and to provide: the exterior maintenan~~; nermi~~'y~d under this Article ~. Such right of entry shall include the right to use of the Owner's water, from. an outside spl~~~t iY~ Y ~asonable am' ounts, without compensation to ;the Owner, if used for maintenance on the Owner's Lot or ~~Tnit or in the Common Area. This provision shall not be construed as authorizing entry into any completed Improvements located in the Community .unless a clear emergency' exists. 5. EASEMENTS:- . 5.1 Easements. The- Declarant reserves for .public use the utility easements- shown on the Plat: or that have been or hereafter .may: be created by separate. instrument recorded in the Office of the County Clerk of Brazos County, Texas, for the purpose of constructing, .maintaining and repairing a system or systems of .electric lighting, electric power, telegraph and telephone line or lines, gas lines, sewers, water lines, atorm drainage (surface'. or .:underground), or any other utility ...,.the Declarant. sees fit to install in, across :and/or under he Property. Allutility easements in the Community may be used for the construction of .drainage wales or ditches in order to provide: for improved surface drainage of any designated reserves,. Common Area and/or Lots or Units. Notwithstan .ding anything to thee.,,,., contrary contained in the ..Section 51, no sewers, electrical nes, water lines, or other utilities may be installed on the Lots or .Units except as initially approved in writing by the Declarant. Should any utility company furnishing a service covered ~. by he .general easement herein provided request. a specific easement by separate recordable document, Declarant, '~~ rior to the Control Transfer Date without the 'oinder of an .other Owner shall have the ri ht to ant such ~~ P ~ J y ~ g gr' easement on said Lots or Units without .conflicting with the terms hereof, provided that such easements do not unreasonably .interfere with the Owner's use and enjoyment of such Lots or Units. Any utility company serving the Pebble Creek Development shall have the right to enter upon any utility easement for the purpose; of the installation, repair and maintenance of their respective facilities. Neither Declarant,; nor any `utility company using the easements herein .referred to shall be liable for any... damages done by them or~ th~J~r assigns, ag-~~ _~w~;, employees, ~r servants, to fences, shrubbery, -trees and lawns or any other property of the Owner ors the p~~~~perty covered by said easements. 5.2 Title Subject to Easements. It is expressly agreed and understood that the title conveyed by Declarant to any of the Lots or Units by contract deed or other conveyance shall be ubject to any easement affecting same for roadways or drainage, water line, gas, sewer, storm sewer, electric ghting, electric power, telegraph c~~• telephone purposes and .'any other easement hereafter granted affecting the .Tots or Units. The Owners of ahe respective Lots or Units shall not be deemed to own pipes, wires, conduits or other service lines running through. their Lots or ,Units which are utilized. for or service; other Lots or Units, :but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Lot or Unit'. 5.3 Utility Easements A. No building shall be located over,. under, upon or across .any portion of any utility easement, however, the Owner of each Lot or Unit shall have the right to construct, keep and maintain concrete drives and similar Improvements across the utility easement along the front of the Lot or Unit and/or along the side of corner Lots or Units adjacent to street right-ofways and shall be entitled to cross .such easements at all time for purposes of g~~ming access to and from such Lots or Units. W91731 to B. The Owner of each Lot or Unit also shall have the right to construct, keep and maintain driveways, walkways, steps, and air conditioning units and equipment. over, .across or upon any utility easement along the side of such Lots or Units (the "Side Lot Utility'Easement"), {other than along any Side Lot. Utility .Easement which is adjacent to a street right-of-way) and shall be entitled, at aU times, to ~ ~ross, have a~ ~,~~~ to and use t+~~ Improvements located thereon, however, any such Improvements placed upon such Side ~r~~ UtLL~~~y Easement by the C~ ~~rner shall be constructed, :maintained and used at' Owner's risk and,.. as such, the Owner ety each Lot or-Unit subject to said Side Lot Utility Easements shall be responsible for (i) any repairs to the walkways, steps `and air conditioning units and equipment which cross or are located upon such Side Lot Utility Easements and (ii) repairing any damage to said Improvements caused by the public utility or other beneficiary of such easements in he course of installing, operating, maintaining, repairing,. or removing its facilities located within the Side Lot Utility easements... C. The Owner of each Lot or Unit shall indemnify and: hold harmless Declarant, ..the Association,.. and public utility companies having facilities located over, across or under .utility easements from any loss, expense, suit or demand resulting from injuries o persons or damage to property in any way occurring, incident to, arising out of, or in connection with said Owner's installation, maintenance, repair or removal of any 'permitted Improvements located within utility easements, including where such injury or damage is caused or` alleged to be caused by the sole ~~ negligence of such entities or their em 1o ees, officers, contractors, or ents. Py ~ 6. ANNEXATION ' OF ADDITIONAL LAND I a 6.1 Further Develo-pment. Reference is hereby made to the.. fact that Declarant currently owns. the Annexable Land as .defined in the Declaration. It is currently contemplated by Declarant that portions of the Anncxable Land will ~'~ be developed in various stages or phases for residential purposes; :however, the .foregoing is only a .current.. intentions '~ and is subject to change without notice. It is also thee. present .intention of Declarant that if such development occurs, mutual easements (including utility :easements), licenses and rights may be granted for the benefit of the Association and Owners and the present and future owners and tenants owning or leasing improvements in any developments now or hereafter constructed on the Annexable Land. In order to effectuate such intentions, certain easements are herein retained and granted, and provision is made for ..certain rights to be< gr~~~#ed o the k~ f~~sociation or the ~lwners to .acquire easements and rights with respect to current and future developm~~c~~ ~~ c~fiher Annexable' Land. From and .after the date hereof until the Control Transfer Date, Declarant shall retatn and have the power, without .the consent of any other Owner or the Association, to annex portions of the Annexable Land into the Community provided that the property so annexed is to be developed in a manner generally s~nnilar to the existing Lots and Units i~ accordance with a general plan of development under which (i) the architectural standards prevailing within the Comrr~.unity will be ~ continued in such annexed property, (ii) the type_of residential...Improvements to be constructed in such annexed property will be similar in value and cost to one or more of the types of existing or contemplated residential Improvements in the :Community, and (m} the annexed property will become subject to assessment in the same manner as is prevailing for the Community. Declarant also shall be entitled to annex portions of the Ar~nexable .Land into the Community after the Control Transfer Date, without the consent of any `other Owner or the Association, provided that the first annexation proposed by Declarant subsequent to the Control Transfer Date is effected prior to .the second annual anniversary of the Control Transfer Date, as extended by delays in development outside of the reasonable control of Declarant ("Excusable Delays"}, and any subsequent annexation... proposed by Declarant is effected prior to the second annual anniversary. of the recordation of the most recently recorded Supplementary. Declaration annexing a portion of the Annexable Land in to the Community, as,. extended by Excusable Delays. If ..Declarant desires to annex portions of the Annexable Land into the Community at any time after the second annual anniversary of the Control Transfer Date or the second annual anniversary of the recordation of the most recently recorded Supplementary, Declaration annexing a portion of the Annexable Land .:into the Community, Declarant shall be entitled to annex such Annexable Land into the Community with. the written approval (by written instrument or written ballot) of the Class A Members holding note less than sixty-seven percent (67%} of the voting power within the. Community (exclusive of he :voting power of the Declarant).- However, any annexation subsequent to an annexation approved by ~~~ such Members shall not require .the vote of :the Members described m the preceding sentence. if such annexation occurs prior to the second annual anniversary of the recordation of -the mast recently recordP~ Supplementary Declaration annexing a portion of the Annexable Land into the Community, as exte~ ~.pd by ?~x~usable Delays. Thy, additions authorized under this .,,.Section 6.1 hall be made. by fling a supplementary cif{ ~~..r~+;~~~v ar record .with respect to the property to be annexed into the Community. 6.2 Easements and Rights Presently Reserved. Declarant hereby reserves unto itself,:,. its successors and assigns, a nonexclusive easement and right-of-way fe4 ingress, egrets and parking over, across and thr°~ugh all streets and roadways (private..... or other vise) shown on the Plat, said easement and right-of-way to expire on the Control Transfer Date, if Declarant has .not, prior to .such date, annexed portions of the Annexable Land into the community. 6.3 Obligation to Grant Reciprocal Rights.. Declarant may, .from time to time, assign one or more of the easements set out. in this Article 6 to such persons or entities as it desires, including .but .not limited to property owners' associations, but in no. event to any person or entity that does not have an interest in a tract or parcel of land situated within the Annexable Land, it being intended that the right to use uch easements be limited to parties residing on or using the Annexable .Land or the Community, and their guests and invitees. No assignment of any such easement or easements shall be made unless concurrently .therewith the parties, or representatives thereof, .who are being granted such rights also grant-to the.Owners or the Association a reciprocal easement or easements with respect. to any similar facilities, if any, owned by such parties and located on the Anncxable Land, or any part thereof. Subject w91731 ~~ Iii! ~,; '1 . y I 11 to all of the provisions of this Article 6, Declarant and its successors, and assigns may .make multiple nonexclusive assignments of the easements herein granted to it. 6.4 Allocation of :Expenses. If any of the .easements and .rights granted by this Article 6 are assigned to other entities or persons in connection with the development. of Improvemen~.~ ~n the ,A~~~~oxable Land as set out in Section 6.2 above, all such assignments shall provide that the assignees thereunder :~~`~ ~' hear heir proportionate share of the costs. of maintaining, using and ::operating the street, road, recreational fa~ili~~y or other facility, as the case may be, as to which such: right is granted. Such sharing of costs -and expenses shall be based. upon the actual costs of ownership, operation and maintenance of the facility in question, and shall be borne prorate by all persons havirYg the right to a make use thereof based upon the number of,applicable Lots and Units .and Country Club: membershilxs. The time of payment of such costs, and the methodology of ascertaining same, shall be specified i~ the. instrument. from Declarant I~' or its successors and assi s to its assi ee and shall be bindin u on the Owners and the Association and such gP assignees provided that the cost allocation shall be based upon the.. basis as hereinabove provided or some other equitable. basis. .. 6.5 Authority of the Board. The Board shall have, and 1s hereby granted, the necessary and regwsite authority to enter. into such cross-easement and cross-use. agreements, or other agreements howsoever designated, as maybe necessary to effectuate the intents and purposes of this Article 6. i 7 6.6 Annexable Land.: This .Supplementary Declaration, including, without .limitation, this Article 6, ,hall have no force or effect and shall not constitute any encumbrance with respect to the Annexable Land. or any .part thereof, unless and until portions of the Annexable Land are made subject to the jurisdiction of the Association by separate instrument executed., solely by Declarant and any lienholders, which instrument is recorded in the Office of the County Brazos County, Texas. Reference is made herein in this Article 6 to the Annexable Land solely for. purposes Clerk of of describing certain reciprocal easements and other rights that .may hereafter arise as between the Conununity and the Annexable Land and limiting the parties to whom the easements hereby reserved with regard to the Community may be assigned. No easements or rights are hereby. granted or reserved as to the Annexable Land, .and no easement or other right referred to in this Article 6 with respect to the Annexable Land or an~~ art thereof shall be of any force ~ or effect,unless set forth in a document executed by the owner or owner~~ of the r~~rt of the Annexable Lend to be ~ sub'ect to such ri ht or easement, which document, or a memorandum there~~~ is :.~reafler recorded in the Office of ~ g ' the County Clerk of Brazos County, Texas.. 7. GENERAL PROVISIONS 7.1 Severab' 'ty. Invalidation in any one of the provisions of thin Declaration: shall not affect any other provision .hereof, :which shall remain in full force and effect. 7.2 Term. The provisions of this Supplementary .Declaration shall constitute covenants running with the land and shall be binding upon .all future Owners,- transferees and lessees thereof,: and their... successors and assigns, for a ., ~ .. term. of forty (40) years from the date of this.. Supplementary Declaration, after which. time the: provisions of this Supplementary Declaration automatically shall be extended fore up to three (3) successive periods of ten (10) years each .unless. terminated as provided in Section 7.4. 7'3 Resubdivision. In the event that any Lot or Unit is resubdivided or submitted to a condominium .regime, the plan of resubdivision or condominium plat filed:: in the Offce of the Country Clerk of Brazos County9 Texas shall make specific reference to this Supplementary Declaration,. but its failure to do so shall not affect the applicability. of the provisions hereof to any such Lot or Unit. 7.4 Amendment by Members. This Supplementary Declaration may be .amended or changed, in whole or part, at .any .time within forty (40) years of the date of this Supplementary Declaration by a written instrument signed by those..Members (including the Declarant) in the Community holding not less than sixty-seven percent (67%) of the total -votes of each'class of Members in the Community; and, thereafter,. by~ ~~ written ins~:~~~rent signed b~ those Members.. (including the- Declarant) in the Community holding not less than :fifty per ~ ~~at (u:~~~~ ~~) of the.. total votes ~~~' each class of a Members in the Community. If the Declaration is amended by written instrnrr~ent Signed by the requisite number of .Members of this Community, such amendment must be approved by said Members within: three hundred sixty-five (365) calendar days of the date the first Member executes such amendment. The date a Member's signature is acknowledged shall constitute prima. facia evidence cl° the date of execution of said amendment by suc:~~ Member. Those Members .(including the :Declarant) of this Community entitled to cast not less that he required number of all votes of the Members of the Community may also vote to amend this Declaration, in .,person or by proxy, at a meeting of the Members in the Community (including the Declarant) duly called for such purpose, written notice of which shall be given to all such Members` at least ten (10) days and not more than sixty (60) 'days in advance and shall set forth the purpose of such meeting.. Notwithstanding any provision contained in the. Association By-Laws to he contrary, a quorum, for purposes of such meeting, shall consist of not ass than'seventy percent (70%) of all of the lUlembers of this Community (in person or by :proxy) entitled to vote. Any .such .amendment shall .become effective when an instrument is filed for record in the Ofi"ice of the County. Clerk of Brazos County,. Texas, accompanied by a certificate, signed by a majority of the Board,. stating that the required number of Members of this Community (including the Declarant) executed the instrument amending this Supplementary Declaration or cast a written vote,......, in person or by proxy, in ~' favor of said amendment at the meeting called for such purpose. Copies of the written ballots pertaining to such W91731 _ _ ~:.. _ _ _ _ _ __ ~~ 12 amendment shall be retained by the Association for a period of not less than three (3) years after the date of filing of the amendment. 7.5 .Amendment by the Declarant. The Declarant shall have: and reserves the. right at any time and from time to time prior to the Control Transfer. Date, without the joinder or con~~,~t of :any ~' ~.~~~ner or other- par ~;v, to amend this Supplementary Declaration by an instrument in writing duly signed,: ackno~'~~g~~r~' and .filed for record Year the purpose of correcting any typographical.: or grammatical error, ,oversight,-ambiguity o~g inconsistency appearing herein, provided .that .any such amendment shall be consistent with and in furtherance of the general plan and- scheme of development as evidenced by this Supplementary Declaration and the Declaration and shall not impair or adversely affect the vested property or other rights of any Owner or his mortgagee. Additionally, Declarant shall have and reser~~~es the right at any time and from time to dime .prior to the Control Transfer Date, without the joinder or consent of any Owner or other.. party, to amend this Supplementary Declaration by an instrument in writing duly signed, acknowledged and filed for record for the purpose of permitting the Owners to enjoy the benefits from technological `advances, such as security, communications or energy-related devices or equipment which did not exist or were not in common use in ' residential subdivisions at the time this Declaration was adopted. Likewise, the Declarant shall have and reserves the right at any time and from $ime to time prior to the Control Transfer Date, without the joinder or consent of any Owner or other party, to amend this: Supplementary Declaration by an instrument in writing ...duly signed, acknowled ed and filed for record for the: purpose of prohibiting the use of any device or apparatus developed and/or g~ available for residential use following the date of this Supplementary Declaration if the use of such device. or apparatus will adversely affect the Association or will adversely affect the property'. values within .the Community. i 7.6 Declarant's Rights and Prero tives. Prior to the Control Transfer Date, the Declarant may file a statement in the Office of the County Clerk of Brazos County, Texas, which expressly provides for: the Declarant's (i) ~ discontinuance of the exercise of any right or prerogative provided for in this Supplementary :Declaration to be exercised by the Declarant or (u) assignment to any third party owning property in the Pebble Creek Development, or to the entity owning the Country Club, of one or more of Declarant's specific rights and prerogatives provided in this Supplementary Declaration to be exercised by Declarant. The assignee designated by Declarant to exercise one or more ~ of Declarant's rights or prerogatives hereunder shall be entitled to exercise such right or prerogative untilthe earlier to occur of the (a) Control Transfer Date or (b} date that said assignee "'ps a st9±~ment in the Office ~~f the County Clerk of Brazos County, Texas, which expressly. provides for said Assignee's ~ ~~~~;~~~~nuance of the exercise of said right or prerogative. From and after the date that the Declarant discontinues its exercise of any right or prerogative hereunder andlor assigns its right to exercise one" or more of its rights or prerogatives to an assignee, the Declarant shall not incur any liability to any Owner, the Association. or any other party. by reason of the Declarant°s ~ discontinuance or assignment of the exercise of said right(s) or prerogative(s). 7.7 Disclaimer for Errant Golf Balls. Land subject to this Declaration is intended for development as a balanced, planned community, including residential, commercial, golf course and country club, public and other uses. From time to ' ime, Owners of Lots or Units may be subject to the stray ingress and egress of .golf balls from people ~'; playing golf nearby. Specific easements are granted for such unavoidable ingress and egress, and Owners may not hold liable .any planner, developer, constructor, or any -other .person for any injury or damage whatsoever caused by such golf balls. 7.8 Gender. wherever in this Supplementary Declaration. the context so requires, the singular number shall include the plural, and.. the converse;. and the use of any gender shall be deemed to include all genders. j ~ ' .. ~ ?.9 Head. The. hea ,dings and- any table of contents contained in this Supplementary Declaration .are for { reference ur oses onl and shall not in any. way affect the meaning. or interpretation hereof. P P Y 7.10 Declarant's Rights to Complete Development of Community. No provision. of this Supplementary .Declaration shall be construed to prevent or limit Declarant's right or require Declarant to obtain any approval to (i) complete development: of the property within the boundaries: of the Community; (u} construct, alter, demolish or replace Improvements on any property owned by Declarant within the .Community; (~~ ~nairitain mc~iel homes, storage areas, offices for construction, initial sales, .resales or leasing purposes or s~~nular ~~~;ilities on any properly owned by Declarant or owned by the Association within the. Community;: (iv) post signs inci~i~~rY~al to development, construction,. promotion, marketing, sales or leasing of the property within the boundaries of the Pebble Creek Development, of (v) excavate, cut,:.: fill or grade any property-within the Community owned by Declarant. Additionally, no provision of this I I Supplementary Declaration shall require Declarant to seek. or obtain the approval of the ArchitecturaY Committee or of the .Association for any such activity or Improvement on any property owned by. Declarant. Nothing i~ his Section 7.10 shall limit or :impair the reservedrights. of Declarant elsewhere provided in this Supplementary Declaration or in the Declaration. ~ 7,11 Declarations Construed To ether.: All of .the provisions of .this Supplementary Declaration shall be liberally .construed together with the Declaration to promote and effectuate'`the fundamental concepts of the development of this Community and the Pebble Creek Development, as set forth in the Declaration. 7.12 Persons Entitled to Enforce.: Supplemental Declaration. The .Association, ..acting by authority of the I~i Board, and any Member of the Association shall have the right to enforce any and all of he provisions, .covenants and restrictions contained in this Supplementary Declaration a~;a~inst any property within this Community and the Owner w91731 i i e 13 thereof. The right of enforcement shall. include the right to bring an action for damages as well as an action to enjoin any violation of any provision of this..Supplementary Declaration. The Association shall have the same rights and remedies .with respect. to violations of the provisions of -this Supplementary Declaration as the Association does with respect to violations of the provisions of the Declaration. 7.13 violations of Law. Any violation of any: federal, .state, mui,~~~ipal or ~~cal law, ordinance, ru~~le or regulation, pertaining to the ownership, .occupation or use of any property wY~bin h~ Community hereby_:is declared to be a violation of this Supplementary Declaration and shall be subject to any and all of the enforcement procedures set forth or referred to in this Supplementary Declaration. 7.14 Costs and Attorney's Fees. In any .action or proceeding under'this Supplementary Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable `~ attorney's fees. I'~ 7.15 No Representations or warranties. No representations or warranties of .any .kind, express or implied, ~ shall be deemed to have been given ar made by Declarant or its: agents. or employees in connection with any .portion of the Community, or any improvement thereon, its or their physical condition, zoning, compliance with applicable laws, ftness-for intended use, or in connection with the Pebble Creek Development, sale, operation, ~"maintenance, cost of maintenance, taxes or regulation thereof, unless and except as specifically set forth in` writing. ' ' ' 'o the Board thee: Architectural Committee ]declarant or 7.16 Llnutation on L~abil~ty. Neither the. Associa 1 n, , any officer, agent, or employee. of any of the same acting within the scope of their respective duties ~ described in this ~ Su lenient ~ Declaration shall be liable to an Person for an reason or for any failure to act if the action or failure I PP ~'3' Y y to act was in good .faith and without malice. I .Executed this 4th day of Decernber,1990. ;i ATTEST PEBBT ~E CREEK L~~'~ ~'LOPMENT COMPANY ~ Laura Normand, Secretary A. P. Boyd, Vice President I STATE OF TEXAS COUNTY OF BRAZOS ;~ Thin instrument was acknowledged before me on this the day of December, 1990, by A. P. Boyd, Vice President of Pebble Creek Development Company, a Texas Corporation, on behalf of such corporation. i Notary Public, State of Texas - My Commission Expires; i I STATE OF TEXAS COUNTY OF BRAZOS ~~ This instrument was acknowledged.. before m~ on this the day of December, 1990, by , Secretary of Pebble Creek`Development Company, a Texas. Corporation,. on behalf of such corporatiory. Notary Public, State of Texas M Commission Ex Tres: y p I ,; r, I' V~'91731